Disclosure, Consumer Protection, Escrow and Fair Housing
Disclosure and consumer protection is 8 of the 177 counted items, the third-largest area on the exam. Escrow and settlement (4), fair housing, ADA and RESPA (3) and property insurance and warranties (2) round out the transaction side.
What must be disclosed, and what need not
A licensee must disclose in writing any known adverse material fact or defect, any lien or encumbrance, and any indication that a party may be unable to perform (A.A.C. R4-28-1101(B)). By contrast, A.R.S. 32-2156 bars any criminal, civil or administrative action for failing to disclose that the property was the site of a natural death, suicide, homicide or other felony, was occupied by a person with HIV or AIDS, or lies in the vicinity of a sex offender, and makes such non-disclosure no ground for rescission.
The affidavit of disclosure and the public report
A seller of five or fewer parcels of land, other than subdivided land, in an unincorporated area of a county must furnish an affidavit of disclosure at least seven days before transfer, record it with the deed, and cannot enforce any waiver of liability for an error in it; the buyer may rescind for five days after it is furnished (A.R.S. 33-422). Selling subdivided land without a public report, or failing to deliver it, makes the sale rescindable by the purchaser within three years, and so does a sale without permanent access (A.R.S. 32-2183(I), 32-2185.02).
Closing, fair housing and coverage
Escrow is a neutral depository acting only on the parties' joint instructions, and a commission may lawfully reach a salesperson only through the broker to whom the salesperson is licensed (A.R.S. 32-2155). A.R.S. 41-1491.14 protects race, colour, religion, sex, familial status and national origin in the sale or rental of a dwelling, with disability addressed at 41-1491.19. RESPA Section 8 bars kickbacks for referring settlement service business, and ADA Title III requires barrier removal in existing public accommodations where readily achievable.
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State-specific details
State exam facts
- State regulator
- Arizona Department of Real Estate (ADRE)
- Exam vendor
- Pearson VUE
- Prelicensing education
- 90 hours of ADRE-approved broker education
- Passing score
- 75%
- Scored questions
- 180
- Time limit
- 315 minutes
Who regulates real estate brokers in Arizona?
The Arizona Department of Real Estate (ADRE) licenses brokers and salespersons. ADRE contracts with Pearson VUE to deliver the licensing exams.
What experience do I need before the Arizona broker exam?
A.R.S. § 32-2124(A)(1) requires an original broker applicant to have been an active licensed real estate salesperson or broker for at least three years during the five years immediately preceding application — the statute counts active licensure, not hours worked, so there is no full-time test. The applicant must also complete a 90-classroom-hour broker course at a commissioner-certified school and pass an examination on it (§ 32-2124(C)); the 27-hour Arizona-specific portion of that course cannot be waived. Under § 32-2136 a broker management clinic consists of three courses of three hours each, and an original broker license applicant must attend one before activating the license.
How is the Arizona broker exam structured?
The Arizona broker exam is administered by Pearson VUE with 180 scored questions (plus 15 unscored pretest items) over about 5 hours 15 minutes, and a score of 75% or higher is required to pass.
Sources: https://azre.gov, https://www.pearsonvue.com/us/en/az/realestate.html
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