11-1133. Affidavit of legal value


A. Each deed evidencing a transfer of title and any contract relating to the sale
of real property shall have appended at the time of recording an affidavit of the seller
and the buyer to the transaction, or the agent of either the seller or buyer, or both, in
a form approved by the department of revenue, who shall declare and jointly certify the
following information:


1. The name and address of the buyer and seller.


2. The name and address where a tax statement may be sent.


3. The complete legal description of the property.


4. The situs address, if any, of the property.


5. The date of sale.


6. The total consideration paid for the property, the amount of cash down payment
and whether or not the type of financing included cash, a new third party loan, a new
loan from the seller, an assumption of an existing loan or an exchange or trade of
property.


7. Whether or not the estimated market value of personal property received by the
buyer equals five per cent or more of the total consideration.


8. The assessor's parcel number or numbers assigned to the real property by the
county assessor or, in the case of a new parcel or parcels not yet assigned a parcel
number, the parcel number or numbers of the previous parcel or parcels from which the new
parcel or parcels are created.


9. The conditions of the transaction including the relationship, if any, of the
parties.


10. The use and description of the property and, in the case of a residential
dwelling, whether the property is to be owner-occupied or rented.


11. The name and address of the person to contact regarding information contained on
the affidavit.


B. The county recorder shall refuse to record any deed and any contract relating to
the sale of real property if a complete affidavit of legal value is not appended unless
the instrument bears a notation indicating an exemption pursuant to section 11-1134.


C. An affidavit is complete for purposes of this section if all of the required
information is stated on the affidavit form or is indicated on the form as "not
applicable".