When does Arizona law require an affidavit of disclosure for a land sale?
Question: Arizona law requires an affidavit of disclosure from the seller to the buyer if a parcel of unsubdivided land is sold in an unincorporated area of a county (i.e., land not located in a city or town). This affidavit of disclosure is recorded and requires disclosure by the seller of such things as whether there is physical access to the property and the availability of utilities. Two years ago, we sold a 20‑acre parcel of land in an unincorporated area with seller carryback financing. The buyer has now defaulted on the monthly payments to us and has recorded a deed in lieu of foreclosure to us. Will an affidavit of disclosure still be required from us when we sell the land to a new buyer?
Answer: Yes. Although the affidavit of disclosure was recorded, a new buyer is entitled to a current affidavit of disclosure. Circumstances may have changed (e.g., flooding destroyed roadway access).
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