Arizona guide

Arizona Seller Property Disclosure Statement (SPDS) Requirements

Q: Is the SPDS required by Arizona law?

The SPDS is not directly required by an Arizona statute, but the standard Arizona Association of Realtors resale purchase contract requires the seller to provide one, so in practice nearly every resale transaction in Arizona uses it.

Q: How long do I have to review the SPDS and cancel?

You have 5 days from the date you receive the SPDS to disapprove of its contents and cancel the contract, which protects your earnest money if something the seller discloses is a deal-breaker for you.

Q: Can I still get an inspection if I get the SPDS?

Yes, and you should, because the SPDS only covers what the seller personally knows; an independent inspection is how you discover defects the seller may not be aware of.

Q: What happens if the seller lies on the SPDS?

If the seller knowingly gives false information on the SPDS, they can face legal liability for misrepresentation, and under A.R.S. §32-2153 the seller's agent cannot knowingly allow a client to present false information.

Q: Who fills out the SPDS, the seller or the agent?

The seller fills out the SPDS themselves to the best of their knowledge; the agent is not responsible for the accuracy of the seller's answers but does have to disclose any material facts the agent personally knows.

In Arizona, the seller hands you a Seller Property Disclosure Statement (SPDS) that lists known defects, hazards, and history of the home.

Reading as buyer.

TL;DR

In Arizona, the seller hands you a Seller Property Disclosure Statement () that lists known defects, hazards, and history of the home. You normally get it within 3 days of signing the contract and then have 5 days to read it and walk away if you don't like what you see. Your earnest money is protected if you cancel inside that 5-day window for reasons.

Before you start — 7 things to know

The Seller Property Disclosure Statement () is the seller's written answer sheet about the home's condition, and in Arizona you should expect to receive it on almost every standard resale because the Arizona Association of Realtors purchase contract requires it.
The is filled out by the seller, not by their agent, so the answers reflect what the seller personally knows about defects, repairs, environmental issues, insurance claims, HOA matters, flood zone status, and boundary or zoning problems.
Arizona law (A.R.S. §32-2153) requires the seller's licensee to disclose any material facts they personally know about, so if the agent knows something that isn't on the , they still have to tell you.
Under the standard Arizona resale contract, the seller must deliver the completed to you within 3 days of contract execution, which gives you an early look at the property's history before you spend money on inspections.
After you receive the , you have 5 days to disapprove of what it shows and cancel the contract, and during that window your earnest money is protected under the standard contract terms.
The is not a replacement for a home inspection because the seller only has to disclose what they actually know, so a buyer should still pay for an independent inspector to catch hidden defects.
A vague, blank, or evasive is a red flag worth asking about, because Arizona regulators (the Arizona Department of Real Estate) take seller and licensee disclosure duties seriously and inconsistent answers can hint at hidden problems.

The timeline — step by step

Day 0: You and the seller sign the Arizona resale purchase contract, which triggers the seller's obligation to give you a .
Within 3 days of contract signing: The seller must deliver the completed to you, either directly or through their agent.
After receiving the : You read it carefully, compare it against what you saw at the showing, and flag anything that surprises you or contradicts the listing.
Within 5 days of receiving the : You can cancel the contract based on the contents and get your earnest money back under the standard Arizona resale contract.
After the 5-day disapproval window closes: You lose the special right to walk away just because of the , so any later concerns have to go through the inspection or other contract contingencies.

Common questions

Is the [[SPDS]] required by Arizona law?

The is not directly required by an Arizona statute, but the standard Arizona Association of Realtors resale purchase contract requires the seller to provide one, so in practice nearly every resale transaction in Arizona uses it.

How long do I have to review the [[SPDS]] and cancel?

You have 5 days from the date you receive the to disapprove of its contents and cancel the contract, which protects your earnest money if something the seller discloses is a deal-breaker for you.

Can I still get an inspection if I get the [[SPDS]]?

Yes, and you should, because the only covers what the seller personally knows; an independent inspection is how you discover defects the seller may not be aware of.

What happens if the seller lies on the [[SPDS]]?

If the seller knowingly gives false information on the , they can face legal liability for misrepresentation, and under A.R.S. §32-2153 the seller's agent cannot knowingly allow a client to present false information.

Who fills out the [[SPDS]], the seller or the agent?

The seller fills out the themselves to the best of their knowledge; the agent is not responsible for the accuracy of the seller's answers but does have to disclose any material facts the agent personally knows.

Glossary

1 term

SPDS — Seller Property Disclosure Statement: Arizona's seller-completed form covering known defects, repairs, and material facts about the home.

Sources

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