Arizona Disclosure: SPDS and Affidavit of Disclosure
Arizona uses specific disclosure forms for residential resales and for certain land sales. This chapter covers the Seller Property Disclosure Statement, the Affidavit of Disclosure, and the broker's supervisory role in disclosure.
Seller Property Disclosure Statement (SPDS)
In residential resales, Arizona sellers customarily complete the SPDS disclosing known material facts about the property's condition. Licensees should ensure the SPDS is delivered so the buyer can evaluate the property before closing.
Affidavit of Disclosure
When selling unsubdivided land (five or more parcels) in an unincorporated area of a county, Arizona requires the seller to give the buyer an Affidavit of Disclosure addressing legal access, utilities, roads, and flooding. It is distinct from the SPDS and does not generally apply to in-city homes or condominiums.
The Broker's Supervisory Role
The designated broker must supervise the firm so affiliated licensees deliver required disclosures, including the SPDS and, where applicable, the Affidavit of Disclosure, to buyers in a timely manner. Withholding disclosures until after closing or limiting them to certain buyers violates Arizona law and can lead to discipline of both the licensee and the designated broker.