Seller Disclosures in Arizona: What You Are Required to Disclose
I guide every seller I work with through the Seller Property Disclosure Statement before we list. The goal is not to scare buyers away -- it is to document what you know accurately, protect you from post-closing liability, and give buyers the information they need to make an informed decision.
The SPDS: What It Is and What It Requires
The Seller Property Disclosure Statement (SPDS) is a form Arizona sellers must complete, disclosing known material facts about the property. It covers: age and condition of major systems (roof, HVAC, water heater, plumbing, electrical), any past repairs or damage, known defects, permit status of improvements, HOA details, and any disputes or legal issues affecting the property.
The form asks about what you know, not what you have discovered through independent investigation. You are not required to inspect your home before completing it. You are required to truthfully answer based on your actual knowledge as the owner.
What Counts as a Material Fact
A material fact is anything that would be important to a reasonable buyer in deciding whether to purchase the property or at what price. Examples: roof leaks (past or present), foundation movement, prior flooding or water intrusion, pest infestations or prior treatment, unpermitted additions or conversions, neighboring property issues that affect your home.
The test is not whether you think the buyer would care -- it is whether a reasonable buyer might care. When in doubt, disclose. Omissions that are later discovered create legal exposure that far exceeds any perceived benefit of not disclosing.
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Common Items Sellers Overlook
Sellers often underdisclose on: the true extent of past water intrusion (even if repaired), unpermitted work (a garage conversion, added room, or pool built without permits), neighbor disputes or HOA conflicts, and the age of systems they do not know precisely (marking 'unknown' when you actually do know).
In Arizona, the SPDS specifically asks about lead paint in pre-1978 homes (a federal requirement), underground storage tanks, airport noise, and proximity to military operations. If any of these apply, they must be addressed on the form.
How I Guide Clients Through Disclosure
I sit down with every seller I work with and review the SPDS together before they complete it. I am not an attorney and I do not provide legal advice, but I can walk through each section, ask the right questions, and flag areas where more specific answers are warranted.
If there are disclosure items that concern you legally, consult a real estate attorney before you list. A seller's attorney review of the SPDS on a complicated property is a modest cost relative to the risk of a post-closing dispute.
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Written by
Jon Hegreness
REALTOR / Associate Broker, Howe Realty. AZ License BR540940000. 24 years in Phoenix Valley residential real estate.
I am a full-time Valley associate broker, not a call center. If anything here raised a question about your own move, ask me and you get a straight answer from the person who wrote this, every time.
Common questions
- Do I have to disclose a death in the home in Arizona?
- Arizona law requires disclosure of deaths that occurred on the property within three years if the buyer asks. After three years, there is no mandatory disclosure unless the seller is directly asked. Consult an attorney if this situation applies to your property.
- What if I repaired a problem years ago -- do I still have to disclose it?
- Generally yes. Past issues that were repaired are still material facts because they tell the buyer something about the property's history. Disclose the issue and the repair. That is better than a buyer discovering evidence of the original problem and wondering why it was not disclosed.
- What happens if I fail to disclose something material?
- Post-closing liability. Buyers who discover undisclosed material defects after closing can pursue claims for fraudulent misrepresentation or negligent disclosure. This is expensive and stressful even if you ultimately prevail. Disclose accurately and document your disclosure.
- Is an SPDS the same as a home inspection?
- No. The SPDS documents what the seller knows. A home inspection is a physical examination of the property by a licensed inspector hired by the buyer. Both are part of the transaction, but they serve different functions and neither replaces the other.
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