Updated February 2017

ISSUE:

The seller is an investor who does not want to provide an SPDS to the buyer and is demanding that Section 4a of the contract requiring a SPDS be deleted.  Does Arizona law require a seller to deliver an SPDS to the buyer of a home?

ANSWER:

No.  Under common law disclosure principles, a seller of real property must disclose to a buyer any material, adverse fact affecting the value of the real property.  Unlike some states, in Arizona a formal SPDS is not required by statute.

Note: The seller’s SPDS, however, is valuable for disclosure of more than just the material, adverse facts, e.g., the identities of utility providers and any transferable termite warranty.