Arizona seller disclosures (SPDS).
Tell what you know.
In writing.
Arizona sellers must disclose known material facts about the home, usually on the Arizona REALTORS Seller's Property Disclosure Statement (SPDS), delivered within three days after acceptance under the standard contract. A.R.S. 32-2156 lists a few facts, such as a death on the property, that a seller is not required to disclose.
Known material facts.
A material fact is one that would affect a reasonable buyer's decision or the property's value. Arizona courts have held that a seller must disclose known facts that materially affect value, that the buyer cannot readily see, and that the buyer does not already know. The leading case is Hill v. Jones, 151 Ariz. 81 (App. 1986).
That duty applies whether or not a disclosure form is used, and whether or not anyone asks. In the Arizona REALTORS purchase contract, the seller also warrants that all known material latent defects have been disclosed. A latent defect is one that is hidden from ordinary view.
What the SPDS covers.
The Seller's Property Disclosure Statement (SPDS) is the Arizona REALTORS form sellers use to make these disclosures. Under the purchase contract, the seller delivers it within three days after acceptance. The buyer then has until the end of the inspection period, or five days after receiving it if later, to object.
- Property and ownership.Ownership, occupancy, leases, year built and similar basics.
- Association, title and legal.HOA details and violations, liens, easements, assessments, road access and insurance claims.
- Building and safety.Roof, structure, foundation, pests and termite treatment, heating and cooling.
- Plumbing, pool and electrical.Pipe types, leaks, water heaters, pools and spas, wiring and alarms.
- Utilities and wastewater.Providers, water source, sewer connection or septic system history.
- Environmental.Drainage, soil, nearby noise sources, airports, hazardous materials, flood zone, water damage and mold.
- Other conditions.A catch all for anything else material.
What the law does not require.
Under A.R.S. 32-2156, a seller, landlord or real estate licensee cannot be sued or disciplined for failing to disclose that a property was the site of a natural death, suicide, homicide or other felony; that it was owned or occupied by someone with HIV, AIDS or another disease not known to spread through occupying a home; or that it is near a sex offender. Not disclosing these facts is also not grounds to cancel a sale.
This is a shield for silence, not for false statements. If a buyer asks directly about a death or a crime on the property, a seller who knows should not answer falsely; saying you are not required to answer is an option. Questions about whether an occupant had HIV, AIDS or any other illness or disability are different: federal fair housing law treats disability as protected, so sellers and agents should not disclose or confirm it. Ask a real estate attorney before answering any question in this area.
Related disclosures.
Lead based paint
For homes built before 1978, federal rules require the seller to give the EPA pamphlet, disclose known lead paint and hazards with any reports, attach a signed Lead Warning Statement, and give the buyer 10 days to test. Copies are kept at least three years.
Affidavit of Disclosure
Under A.R.S. 33-422, a seller of five or fewer parcels in an unincorporated area, other than subdivided land, gives the buyer this affidavit at least seven days before transfer. It covers access, flood zone, utilities, water, wastewater and more. The buyer may rescind within five days after receiving it, and it is recorded with the deed.
Insurance claims history
The AAR contract requires a written five year claims history, or the history for the seller's ownership if shorter, within five days after acceptance.
Keep it current.
If something changes before closing, such as a new leak or a notice from the HOA, the seller must tell the buyer promptly. Arizona REALTORS provides a Notice/Disclosure form for this. Unless the seller has already agreed to fix the item, the buyer has five days to object.
The SPDS advisory sums it up: when in doubt, disclose. Disclosures are based on the seller's actual knowledge. If you do not know an answer, say so rather than guess. For questions about a specific disclosure, ask a real estate attorney.
Common questions
Is the SPDS required in Arizona?
The duty to disclose known material facts comes from Arizona law. The SPDS is the Arizona REALTORS form for meeting it, and the AAR purchase contract requires delivery within three days after acceptance.
Do I have to disclose a death in the home in Arizona?
A.R.S. 32-2156 protects sellers who do not disclose a natural death, suicide, homicide or other felony on the property. You still should not answer falsely if asked about a death. Never disclose an occupant's illness or disability.
What is a material fact?
A fact that would affect a reasonable buyer's decision or the property's value.
Do I need to disclose problems I have already fixed?
The SPDS asks about past issues such as water damage, pests and work done on the property. When in doubt, disclose, and attach the repair records.
When is the lead based paint disclosure required?
For homes built before 1978. The buyer gets the EPA pamphlet, the seller's disclosures and 10 days to test, unless waived or changed in writing.
What is the Affidavit of Disclosure?
A form under A.R.S. 33-422 for sales of five or fewer parcels in unincorporated areas. The buyer may rescind within five days after receiving it.
What if something changes after I deliver the SPDS?
Tell the buyer promptly in writing. The buyer has five days to object unless you have already agreed to correct it.
Questions about seller disclosures?
Thinking about selling? Before you list and fill out the SPDS, call me and I will go through each section with you. If you already have an agent under contract, ask them first. Call or text 480-485-4261.
This page is general information, not legal or tax advice. Sources: A.R.S. 32-2156; A.R.S. 33-422; the Arizona REALTORS Residential Seller's Property Disclosure Statement (current form, available from Arizona REALTORS); the Arizona REALTORS Residential Resale Real Estate Purchase Contract (October 2022 form) from Arizona REALTORS; Arizona REALTORS contract series by K. Michelle Lind, Esq., Part 5, Disclosure; and HUD, The Lead Disclosure Rule. All checked 28 October 2026.