Search

Leave a Message

Thank you for your message. We will be in touch with you shortly.

Explore Our Properties

Arizona Seller Disclosures: What Sellers Must Share

Thinking about selling your Phoenix home in the next year? One of the smartest steps you can take now is to learn what Arizona requires you to disclose to buyers. Clear, honest disclosures protect you, speed up escrow, and build trust with serious buyers. In this guide, you’ll learn what the Arizona Seller Property Disclosure Statement (SPDS) covers, Phoenix‑specific items buyers watch for, and how to prep your paperwork so your sale goes smoothly. Let’s dive in.

Arizona SPDS in plain English

In Arizona, most home sellers complete a Seller Property Disclosure Statement (SPDS). This standard form records what you know about the property’s condition and any facts that could affect value or desirability. The duty to disclose known material facts applies even if you sell the home “as is.” Intentionally hiding a known defect can create post‑closing liability for a seller.

Local practice makes the SPDS routine. Listing brokers request it early, and buyers expect to see it before or during offers. For general consumer guidance, the Arizona Department of Real Estate offers helpful information on responsibilities in a home sale.

What Phoenix sellers must disclose

Arizona’s SPDS covers a wide range of topics. Here are the areas Phoenix buyers and inspectors pay close attention to.

Structure and mechanical systems

Buyers want to know the age and condition of the roof, HVAC, plumbing, water heater, and electrical. In Phoenix, HVAC performance matters a lot, so note approximate ages, last service dates, and any repairs. Monsoon storms can stress roofs and stucco, so disclose any past leaks, storm damage, or roof repairs with dates if you have them. If you know of foundation movement or repairs, disclose cracks, stabilization work, and any engineering reports.

Environmental and pest issues

Termite activity is common in Maricopa County. Disclose any evidence of termites or wood‑destroying organisms, prior treatments, and any clearance letters. If you have knowledge of mold remediation, fire or water damage, asbestos, radon, meth contamination, or underground tanks, report it and include documentation when available.

Water, sewer, and drainage

Most Phoenix homes are connected to municipal water and sewer. If your home uses a well, septic system, or receives reclaimed irrigation water, disclose it. Share any known history of flooding, pooling, or drainage problems on the property, especially if you are near a wash or on a lower lot.

Additions, alterations, and permits

If work was done without permits or if you are unsure about permit status, disclose what you know. Buyers and title companies often uncover unpermitted work during escrow. Provide any permits, final inspections, contractor receipts, and warranties that you have.

HOA and legal matters

If your property is in an HOA, disclose the association, fees, and whether there are any known special assessments. Buyers typically receive CC&Rs and budgets during escrow. Also disclose boundary disputes, recorded easements, or any notices or litigation that could affect the property.

Pools, spas, and safety items

Share what you know about pool or spa condition, equipment age, leaks, and repairs. Note any safety barriers or fencing. Provide service records if you have them.

Solar panels and energy equipment

If you have solar, disclose ownership versus lease or power purchase agreement. Note any financing that must be assumed, permits, warranties, and service records. Buyers need time to review these agreements.

Lead‑based paint for pre‑1978 homes

Federal law requires sellers of most homes built before 1978 to disclose known lead‑based paint hazards. You must provide buyers with the EPA/HUD pamphlet and any reports you have. Review the federal rules on lead‑based paint disclosure if your home is older.

Exemptions and special cases

There are limited exemptions, such as transfers by court order or some estate and foreclosure scenarios. New construction may use a builder disclosure or warranty instead of the standard SPDS. However, the duty to disclose known material facts still applies. Sensitive topics like a past death or other stigmatized events are often not required unless they affect the property’s physical condition or habitability. If you face an unusual situation or environmental concern, consult your agent and consider legal counsel for guidance.

When to complete disclosures

Getting ahead of disclosures will save you time and stress later. Here is a practical timeline.

Pre‑listing: 6 to 12 weeks out

  • Complete the SPDS with your agent and gather supporting documents.
  • Schedule key tune‑ups or inspections if you suspect issues, such as roof, HVAC, termite, or foundation.
  • Pull permits and receipts for past work, plus any warranties and manuals.
  • Locate HOA documents and any prior disclosures from when you purchased.

At listing

  • Provide your completed SPDS to your listing broker and mark availability in the MLS as required. To understand MLS documentation expectations, see ARMLS rules and regulations.
  • Share relevant inspection reports and receipts early to build buyer confidence.

During escrow

  • Expect the buyer to inspect. Clear, consistent disclosures reduce the risk of last‑minute renegotiation.
  • If you learn new information while under contract, update the buyer promptly.

After closing

  • Keep a copy of the SPDS and all supporting documents for your records in case questions arise later.

Documents to gather early

Collecting records now makes the SPDS faster to complete and helps buyers say yes with fewer objections.

  • Completed SPDS form
  • Permits and final inspections for additions or remodels
  • Repair receipts, contractor invoices, and warranties for roof, HVAC, appliances, pool
  • Termite and WDO reports or clearance letters
  • Recent inspection reports you are willing to share
  • HOA documents: CC&Rs, bylaws, budgets, meeting minutes, notices of special assessments
  • Insurance claim history related to roof, water, or fire damage
  • Survey, plat map, or boundary correspondence
  • Title exceptions and recorded easements from your title company or prior purchase
  • Well report or septic inspection, if applicable
  • Solar panel contracts, leases, or financing documents
  • Environmental reports and proof of remediation, if any
  • Lead‑based paint disclosure packet for pre‑1978 homes

For permits and records, the City of Phoenix online permit services, the Maricopa County Assessor, and the Maricopa County Recorder are helpful starting points.

Best practices to protect your sale

  • Be accurate and candid. When in doubt, disclose.
  • Use qualified contractors for repairs and keep everything in writing.
  • If you do not know an answer, say “unknown” rather than guessing, and note what you did to research it.
  • Consider a pre‑listing roof, HVAC, termite, or foundation evaluation if you suspect issues.
  • Keep all paperwork organized in a digital folder so you can respond quickly to buyer requests.

A thorough SPDS does not slow your sale. It tends to speed it up by reducing surprises that lead to price cuts, repair demands, or canceled escrows. If you want a calm, confident closing, start early and document well.

Ready to get your Phoenix home market‑ready with clear, complete disclosures? Let’s talk through your timeline, gather your records, and create a plan that builds buyer trust. Connect with Peggy Young to get started.

FAQs

What is Arizona’s SPDS and why is it important?

  • The Seller Property Disclosure Statement records what you know about your home’s condition so buyers can make informed decisions and you reduce risk.

Do I still have to disclose if I sell “as is”?

  • Yes, Arizona sellers must disclose known material facts even in an “as is” sale, and honesty helps prevent disputes later.

What Phoenix issues do buyers scrutinize most?

  • HVAC age and performance, roof age and monsoon repairs, termite history, foundation movement, pools and equipment, and drainage concerns.

Do I have to disclose unpermitted work?

  • Yes, disclose additions or alterations without permits and provide any details or documents you have.

How do I handle solar panels in my disclosure?

  • State whether panels are owned or leased, include any financing, and share permits, warranties, and service records.

What are the rules for older homes and lead paint?

  • For most homes built before 1978, federal law requires disclosure of known lead hazards and delivery of the EPA/HUD pamphlet to buyers.

Should I disclose past insurance claims?

  • Yes, if claims relate to property condition such as roof, water, or fire damage, include what happened and any repairs with documentation.

When should I complete the SPDS?

  • Complete it before listing so buyers have it early and you can address questions ahead of time.

Work With Peggy

Reach out to Peggy Young for expert real estate services. Buy, sell, or rent properties with confidence. Contact her today!

Let's Connect