What Disclosures Do I Need When Selling a House in Arizona?

Short Answer

Arizona sellers are expected to provide a Seller Property Disclosure Statement (SPDS), disclose known material defects, and—for homes built before 1978—a federal lead-based paint disclosure. While Arizona is generally considered a 'buyer beware' state, failing to disclose known issues can lead to legal liability after the sale. Disclosure obligations apply whether or not you use a real estate agent.

Arizona Seller Disclosure Requirements

Arizona is generally considered a 'caveat emptor' (buyer beware) state, but sellers still have a duty to disclose known material facts about the property. The primary tool for this is the Seller Property Disclosure Statement (SPDS).

The SPDS

The SPDS is a standard form used in most Arizona residential transactions. It asks the seller to disclose known issues with the roof, foundation, plumbing, electrical, HVAC, pests, water damage, and other material conditions. You answer based on what you actually know—you are not required to inspect the home for the buyer. For a detailed guide, see What Is the Arizona SPDS and Do I Need It When Selling FSBO?.

Lead-Based Paint Disclosure

For any home built before 1978, federal law requires sellers to disclose known lead-based paint hazards and provide buyers with a lead hazard information pamphlet. This is a federal requirement, not just an Arizona one.

Other Disclosures

Depending on your property, additional disclosures may apply: - HOA documents if the property is in a homeowners association. - Pool barrier compliance for homes with pools. - Septic system disclosure for properties on private septic. - Material defects not covered by the SPDS but known to the seller.

Why Disclosures Matter

Even though Arizona leans toward 'buyer beware,' courts have held that sellers must not actively conceal known material defects. Honest, complete disclosures protect you from post-closing disputes and legal claims. These obligations apply to all sellers, including those selling without a listing agent.

Arizona Context

The SPDS and Arizona Association of REALTORS® residential contract forms are commonly used across Phoenix, Scottsdale, Mesa, and the rest of the state. Pool barrier requirements are especially relevant in the Phoenix metro where many homes have pools.

I always recommend completing the SPDS thoroughly and honestly, even though Arizona is a 'buyer beware' state. The disclosures that cause problems after closing are the ones that were incomplete or misleading. When in doubt, disclose it. This applies whether you're selling with an agent or on your own.

— Ryan Michael, Arizona Real Estate Professional

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