ATTENTION: REALTORS, SELLERS & BUYERS!
Arizona Disclosure Reports. Under Arizona law (H.B. 2779) sellers and listing agents can greatly reduce their liability for disclosures by obtaining a “disclosure report” prepared by a third-party provider. To qualify, the disclosure report must be based on officially adopted governmental maps, and must include disclosures on the following 9 conditions:
- Special Flood Hazard Areas
- Military Airports or Ancillary Military Facilities
- Military Training Routes
- Public or Private Airports
- Expansive Soils
- Soils Subject to Fissures
- Special Tax Assessment Areas
- Radon Gas Potential Zones
- Environmental Hazard Superfund Sites
While it is not mandatory, it is recommended that all sellers provide these reports to their buyers. However, disclosure reports are also available to buyers if the seller or builder does not provide one.
It’s important to understand that the Arizona Disclosure Report does NOT replace the Seller’s Property Disclosure Statement (SPDS) or other disclosures the seller is required to make! However, the new Arizona Disclosure Report contains information in 9 areas that sellers don’t usually know much about. The new law basically says that if they obtain one of the new third-party disclosure reports, sellers & their agents will not be held liable for errors or omissions in the disclosure report, unless they know the report to be incorrect and fail to disclose the correct information. In other words, the liability for the disclosure of those items is shifted from the seller/agent to the third-party provider of the disclosure report.
EDR-Certified!!! Arizona Disclosure Reports are available for as little as $40.00, so there’s no reason to assume unnecessary liability when selling or listing a home!
Arizona Disclosure Report – $40.00 (Available in Maricopa & Pima County only)
This report discloses whether any of the 9 conditions listed above are known to be present within 300 feet of the property. This report meets the minimum requirements of Arizona’s new disclosure law.
$80.00 (Available in all AZ counties!)
If you order the Neighborhood Environmental Report, you will receive BOTH the Arizona Disclosure Report and the Neighborhood Environmental Report. In addition to disclosing whether any of the 9 conditions listed above are known to be present within 300 feet of the property, this report covers a much broader geographical area and also discloses known/potential contamination sites beyond 300 feet. Certain hazards are disclosed in this report if they’re within a mile of the property (see distances below). This report also contains additional information that the Arizona Disclosure Report does NOT contain, such as whether there are any known meth labs in the area. Below is a list of the types of known/potential contamination sites disclosed in the Neighborhood Environmental Report:
- Leaking underground tanks (within 1/2 mile)
2. Landfills (within 1/2 mile)
3. EPA Final Superfund sites (within 1 mile)
4. Water Quality Assurance Revolving Priority Fund Sites (within 1 mile)
5. EPA Proposed Superfund Sites (CERCLIS) (within 1/2 mile)
6. Arizona Superfund Program Sites (within 1 mile)
7. State Hazardous Waste Sites (within 1 mile)
8. Hazardous Waste Treatment Storage & Disposal Sites (within 1/2 mile)
9. Clandestine Drug Lab Sites (within 1/8 mile)
10. CDC Environmental Health Assessments (within 1/4 mile)
11. Active Department of Defense Sites (within 1/4 mile)
12. Former Department of Defense Sites (within 1/4 mile)
13. Manufactured Gas Plants (within 1/4 mile)
14. Radioactive Material Activity Sites (within 1/4 mile)