Disclosure Affidavit Required for All Unsubdivided Land Sales Not in a City or Town

Question: In a recent column you discussed an Arizona law requiring an affidavit of disclosure from the seller to the buyer if a parcel of unsubdivided land is sold in an unincorporated area of a county, i.e., land not located in a city or town. This affidavit of disclosure is recorded and requires disclosure by the seller of such things as access to the highway and availability of utilities. Two years ago we sold a 20‑acre parcel of land in Pinal County to a buyer with seller carryback financing. The buyer has now defaulted on the monthly payments to us, and has recorded a deed in lieu of foreclosure to us. Will an affidavit of disclosure still be required from us when we sell the 20‑acre parcel of land to a new buyer?

Answer: Yes. Although the affidavit of disclosure was recorded, a new buyer is entitled to a current affidavit of disclosure, e.g., recent flooding that has destroyed access to the highway. A.R.S. § 33-422.

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