Arizona's affidavit of disclosure is required for:
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All property sales
Not all property sales in Arizona require an affidavit of disclosure — subdivided lots sold with a public report, standard residential resales, and commercial transactions follow entirely different disclosure frameworks and are not subject to ARS §33-422.
Sales of unsubdivided land in certain counties
Only commercial sales
Commercial sales are not the trigger for the affidavit of disclosure requirement; the trigger is the unsubdivided nature of the land and the county's population threshold, regardless of whether the intended use is commercial or residential.
Only new construction
New construction is typically governed by subdivision regulations and builder disclosure requirements, not the affidavit of disclosure statute, which specifically addresses unsubdivided raw land where no development review has occurred.
Why is this correct?
Under Arizona Revised Statutes §33-422, sellers of five or fewer parcels of unsubdivided land in counties with populations under 500,000 are required to provide a completed affidavit of disclosure to the buyer at least seven days before closing. This statute specifically targets unsubdivided land transactions because those parcels fall outside the subdivision public report process administered by the Arizona Department of Real Estate, making the affidavit the primary consumer protection mechanism.
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