Summary: Many homeowners are surprised to learn that most real estate disputes come from disclosure mistakes, not pricing or negotiations. Even when selling “as-is,” Arizona law requires homeowners to disclose known material defects, and failing to do so can lead to serious financial consequences after closing. Understanding Arizona’s disclosure requirements helps sellers protect themselves, maintain buyer trust, and complete their sale confidently without a traditional agent.
Key Takeaways
- Arizona homeowners must disclose all known material facts about their property, even in “as-is” sales
- The Seller’s Property Disclosure Statement (SPDS) is the primary tool used to meet disclosure obligations
- Disclosure responsibilities apply equally to homeowners selling without an agent
- Certain federal and state disclosures are mandatory based on property age and location
- Honest, thorough disclosure helps reduce post-closing disputes and legal risk
Why Disclosure Matters When Selling Without an Agent
When selling your home without a traditional agent, disclosure becomes one of your most important responsibilities. Arizona law places the duty to disclose known material facts directly on the seller, regardless of whether an agent is involved. This means homeowners selling independently must take the same care with disclosures as agent-represented sellers.
Disclosure is not just a formality, it is a legal safeguard. Buyers rely on the information you provide to make informed decisions, and courts expect sellers to act honestly and transparently. Congress Realty helps homeowners understand these requirements so they can sell confidently while remaining compliant.
Arizona Disclosure Laws Apply Even to “As-Is” Sales
One of the most common misconceptions among homeowners is that selling a property “as-is” removes the obligation to disclose defects. In Arizona, this is not true. Even in as-is transactions, sellers must disclose known issues that could affect a property’s value or desirability.
Arizona courts have consistently held that sellers cannot withhold known material facts simply because the home is sold as-is. If you know about roof leaks, foundation issues, plumbing problems, or prior damage, those items must be disclosed. Selling as-is means you are not agreeing to make repairs, not that you can hide known problems.
Understanding the Seller’s Property Disclosure Statement (SPDS)
The Seller’s Property Disclosure Statement, commonly called the SPDS, is the standard disclosure document used in Arizona home sales. While the form itself is not mandated by statute, the obligation to disclose material facts is legally required, and the SPDS provides a clear way to meet that obligation.
The SPDS is a detailed document designed to guide homeowners through the disclosure process. It covers a wide range of property-related topics to ensure buyers receive a complete picture of the home’s condition. Completing it carefully and honestly is one of the best ways to reduce risk when selling without an agent.
The Six Key Sections of the SPDS Homeowners Must Complete
- Ownership and Property Details
This section addresses ownership status, liens, HOA information, special assessments, and legal matters affecting the property. Homeowners must disclose HOA fees, violations, pending litigation, and any special taxing districts. These details can significantly affect a buyer’s decision and future costs.
Providing accurate information here helps avoid surprises during escrow. Buyers often review this section early, so clarity and honesty build trust from the start.
- Building Structure and Safety Systems
This section focuses on the physical condition of the home. Sellers must disclose known issues related to the roof, foundation, walls, ceilings, windows, and doors. Any past repairs, leaks, or structural concerns should be documented.
Safety systems such as smoke detectors, fire sprinklers, and security systems are also addressed. Even if an issue was repaired, prior problems should still be disclosed if they were material.
- Utilities and Environmental Conditions
Homeowners must disclose utility providers and any known problems with service or infrastructure. This includes water, sewer, septic systems, electrical, gas, internet, and trash services.
Environmental factors such as drainage issues, flooding, soil movement, noise concerns, or hazardous materials must also be disclosed. These issues can directly affect property usability and value.
- Federal and State Disclosure Requirements
Some disclosures are required regardless of the SPDS. Homes built before 1978 must include lead-based paint disclosures, along with the required EPA pamphlet and buyer acknowledgment.
Failure to comply with federal disclosure rules can result in significant penalties. Congress Realty helps homeowners understand which disclosures apply to their specific property.
- Sewer and Wastewater Systems
If your home uses a septic system or alternative wastewater treatment, detailed disclosure is required. Sellers must identify the system type, known problems, repairs, and inspection history.
Wastewater issues can be costly, which makes transparency especially important. Providing maintenance records helps buyers feel more confident in the condition of the system.
- Other Material Conditions
This final section captures anything not covered elsewhere that could influence a buyer’s decision. This includes prior fire or flood damage, termite treatment, zoning issues, permits, water rights, or legal disputes.
When in doubt, disclosure is usually the safer choice. Over-disclosing is far less risky than omitting information that later becomes an issue.
Additional Disclosure Requirements Outside the SPDS
Insurance Claims History
Arizona requires sellers to provide a history of insurance claims made on the property within the past five years or during ownership. This report must be obtained from your insurance company and delivered within the required timeframe.
Providing context for claims such as completed repairs, can help prevent buyer concerns.
Lead-Based Paint for Older Homes
Homes built before 1978 must include lead-based paint disclosures. Sellers must provide the EPA pamphlet, disclose known hazards, and allow buyers an inspection opportunity.
These requirements apply even if you believe no lead hazards exist.
Affidavit of Disclosure for Unincorporated Areas
If your property is in an unincorporated area and meets certain criteria, an Affidavit of Disclosure is required. This document must be delivered within the required timeline and recorded at closing.
Failure to provide it correctly can give buyers the right to cancel the transaction.
What Arizona Sellers Are Not Required to Disclose
Arizona law protects sellers from having to disclose certain sensitive information, including deaths on the property, HIV/AIDS status of occupants, and nearby sex offenders, unless directly asked.
However, sellers must never lie. If a buyer asks a direct question, you must answer truthfully or clearly state that you are not legally required to disclose that information.
Disclosure Timing and Post-Closing Liability
Disclosure deadlines in Arizona are strict, and missing them can delay or jeopardize a sale. More importantly, disclosure obligations do not end at closing.
Claims related to nondisclosure can arise months or even years after the sale. Honest, timely disclosure is one of the strongest protections sellers have against post-closing disputes.
How Congress Realty Helps Homeowners Stay Compliant
Congress Realty supports homeowners selling without an agent by providing clear guidance on disclosure responsibilities. While sellers remain in control, having a structured process helps reduce errors and uncertainty.
By understanding disclosure requirements upfront, homeowners can focus on pricing, marketing, and closing with confidence without unnecessary risk.
Disclosure Is Protection, Not a Burden
Proper disclosure protects both buyers and sellers. It builds trust, supports smoother negotiations, and reduces the likelihood of legal issues after closing.
For homeowners selling without an agent, understanding Arizona’s disclosure requirements is essential. With the right preparation and support from Congress Realty, sellers can meet their obligations confidently and move forward knowing they’ve done things the right way.
