What must a home seller disclose in Arizona?

Arizona disclosure law is judge-made plus industry custom — there is no mandatory statutory form.

1. The Hill v. Jones Duty

Hill v. Jones, 151 Ariz. 81 (Ct. App. 1986), held that sellers must disclose facts materially affecting the value of the property that are known to the seller and not reasonably observable by the buyer.

The case famously involved a termite infestation history.

2. SPDS — Industry Form

The Arizona Association of Realtors Seller's Property Disclosure Statement (SPDS) is the de facto form used in most transactions — comprehensive 6-page document. Use is contractual, not statutory.

3. Lead-Based Paint

Federal 42 USC § 4852d for pre-1978 dwellings.

4. Specific State Disclosures

Swimming pool barrier requirements (A.R.S. § 36-1681) — required Pool Barrier Disclosure form.

Affidavit of Disclosure for unincorporated property in counties of 200,000+ population (A.R.S. § 33-422) — 33 items including roads, utilities, easements, environmental hazards.

Soils Report for new subdivisions (A.R.S. § 32-2183).

Public Report for subdivisions under A.R.S. § 32-2181.

5. "As-Is" Sales

"As-is" does not bar fraud or material misrepresentation claims (S Dev. Co. v. Pima Capital Mgmt. Co., 201 Ariz. 10).

6. Latent vs Patent

Only latent material defects trigger the Hill v. Jones duty. Patent defects (visible on inspection) need not be specifically called out.

7. Statute of Limitations

3 years for fraud (A.R.S. § 12-543) from discovery.

6 years for written contract (A.R.S. § 12-548).

This is legal information, not legal advice.