REAL ESTATE

When is an affidavit of disclosure required to sell a house in Arizona?

Christopher A. Combs
Real estate law guest columnist

Question: We own a ranch home on about 20 acres in an unincorporated area. We have listed our ranch home, which is not part of a bigger development, for sale. Our listing agent tells us that we must give the buyer an Affidavit of Disclosure relating to access, availability of utilities and other facts about our ranch home. We thought this Affidavit of Disclosure only applied to sales of vacant residential lots. Is our listing agent correct?

Answer: Yes. Under A.R.S. § 33-422, an Affidavit of Disclosure is required to sell all improved and unimproved real property in an unincorporated area unless the real property is in a platted subdivision.

Contact real estate attorney Christopher A. Combs at azrep@combslawgroup.com.