What must a seller disclose in Arizona, even selling as-is?

What "as-is" means and doesn't mean

An as-is sale means the seller won't make repairs and the buyer accepts the house's current condition. It doesn't let a seller hide a defect they know about. Arizona courts have held sellers liable for concealing known material defects, and an as-is clause usually won't protect a seller who actively hid a problem.

What the SPDS asks about

The SPDS is a multi-page questionnaire. It covers, among other things:

• Ownership, HOA, and any pending assessments or lawsuits
• Roof, structure, and foundation, including past leaks and repairs
• Plumbing, water source, sewer or septic, and any wells
• Heating, cooling, electrical, and pools
• Environmental items such as soil movement, flooding, mold, and pests
• Additions or conversions, and whether they were permitted
• Insurance claims on the property in recent years

Answer from what you know. If you don't know, say so. If you inherited the house and never lived there, the SPDS has room to say that.

What Arizona says you don't have to disclose

Under ARS 32-2156, no criminal, civil, or administrative action may be brought against a seller for not disclosing that the property was the site of a natural death, suicide, homicide, or other felony, that an occupant had a disease not transmitted through occupancy, or that a sex offender lives nearby. It also says not disclosing those facts isn't grounds to cancel the sale. If a buyer asks you directly, don't lie.

Special cases

• Septic: an inspection is required within six months before transfer, and the report goes to the buyer.
• HOA: the association provides its own resale disclosure (ARS 33-1806 or 33-1260 for condos).
• Unpermitted work: disclose it. Buyers and lenders may discount it or ask for permits.
• Fire, flood, or water damage: disclose the event, the repairs, and what you know about what's left.
• Lead paint: for homes built before 1978, federal law requires a lead disclosure form and pamphlet.

Selling to a cash buyer

A cash buyer may not ask for a full SPDS, but you should still tell them what you know in writing. It protects you after closing, and a good buyer will price the house better when there are fewer unknowns.

Dealing with this now? Sell a house that needs repairs · Sell a fire-damaged house in Phoenix · Sell an inherited house in the Phoenix area

General information for Arizona homeowners, not legal, tax, or financial advice. Huge Cash Offer is a home buyer, not a law firm, lender, or housing counselor.