Updated for the February 2023 Arizona Association of REALTORS® Seller’s Property Disclosure Statement (SPDS)
When selling a home in Arizona, you are legally required to tell the buyer about material (important) facts you know about the property — even if they don’t ask.
A material fact is any information that could affect a buyer’s decision to purchase or the price they would be willing to pay.
The Arizona Association of REALTORS® has created the Seller’s Property Disclosure Statement (SPDS) to help sellers make these disclosures clearly and avoid costly nondisclosure claims later.
Important: This guide is based on the February 2023 SPDS. Always confirm the latest requirements with your REALTOR® or a real estate attorney.
Quick Facts
- SPDS is a 10-page legal disclosure form.
- It’s about what you know, not just what happened while you owned the home.
- Arizona contracts require sellers to provide a 5-year insurance claims history.
- Buyers get 5 days to review HOA CC&Rs after receipt.
What Is the Seller’s Property Disclosure Statement (SPDS)?
The SPDS is a 10-page legal document used in Arizona real estate transactions.
It includes:
- Page 1 – Residential Seller Disclosure Advisory: Instructions and legal guidelines for sellers. Buyers should also read this page because it explains exactly what sellers are required to disclose — which may go beyond what is stated in the purchase contract.
- Pages 2–9 – The SPDS Questionnaire: Detailed sections covering property ownership, building and safety, utilities, environmental conditions, and other material facts that may not be addressed in other contract documents.
- Page 10 – Signature and Acknowledgment Page: Both seller and buyer sign to confirm the SPDS has been completed and received.
All 10 pages are important — sellers must answer every applicable question truthfully and provide explanations when needed, and buyers should review every page carefully to identify potential issues or needed inspections.
What “Knowing” Means in the SPDS
The SPDS is not limited to events that happened while you owned the property. It’s about what you know — from any source:
- Information you learned from the SPDS when you purchased the home.
- Details from your own home inspection before buying.
- Repairs or improvements done before or after your ownership, if you know about them.
- Conversations with contractors, neighbors, or prior owners about the property.
- Past insurance claims — whether filed by you or a prior owner — that you are aware of.
If you know about a past issue (for example, a roof leak repaired by the previous owner, a historic slab leak, or foundation repairs), you must disclose it, even if it was resolved before you bought the home.
Insurance Claims History Requirement
Under the Arizona Residential Resale Purchase Contract, the seller must deliver a five-year insurance claims history report (or for the length of ownership, if less) to the buyer within five (5) days of contract acceptance.
This report typically comes from your homeowner’s insurance company and lists any claims filed for the property.
Tip: If something on the claims history could raise questions for the buyer — such as a past water leak or roof damage — make sure you explain it clearly on your SPDS.
When Is the SPDS Provided?
If you’re using the Arizona Residential Resale Purchase Contract, the seller must deliver a completed SPDS to the buyer within three (3) days after contract acceptance.
The buyer then has an opportunity during their inspection period to investigate anything in the disclosure.
What’s Covered in the SPDS?
1. Property and Ownership
- Names of the legal owners
- Whether the property is in an HOA (mandatory or voluntary)
- Any known HOA violations, disputes, or litigation (SPDS Page 2, Lines 43–45)
- Assessments, liens, easements, or title issues
- Community Facilities District (CFD) fees if applicable
HOA Rules and Restrictions:
The SPDS does not require sellers to disclose HOA rules or short-term rental restrictions.
The most accurate and complete source for HOA rules is the current Covenants, Conditions & Restrictions (CC&Rs) and other governing documents provided directly by the HOA. These may have been updated since the seller purchased the property, and the seller may not be aware of the most recent changes.
Under the Arizona purchase contract, the buyer will receive the HOA documents after contract acceptance and has five (5) days from receipt to review and, if necessary, disapprove of the transaction.
2. Building and Safety Information
- Roof age, leaks, and repairs (plus warranty details)
- Foundation or structural issues
- Termite history and treatments
- Chimney, fireplace, or wall/ceiling/floor problems
- Damage from fire, flood, wind, soil movement, or other causes
3. Major Systems and Equipment
- Heating, cooling, and water systems (type, age, issues)
- Plumbing and water heater details
- Landscape watering systems
- Swimming pool/spa/hot tub/water feature condition
- Electrical system and wiring type
- Solar or alternative energy systems (owned or leased)
- Security systems and detectors
4. Utilities and Services
- Provider information for water, electric, gas, internet, trash, and cable/satellite
- Sewer or septic details, including inspection and repair history
- Water source type and any known drinking water issues
5. Environmental Conditions
- Soil settlement, drainage, erosion, fissures, or dampness
- Noise or odor sources nearby
- Proximity to airports or military facilities
- Hazardous materials (asbestos, radon, underground tanks, pesticides)
- Flood history and flood plain location
- Past or present mold issues
6. Other Material Facts
Anything else the seller knows that could affect the property’s value, desirability, or use — even if not specifically asked.
What’s Not Required to Disclose
Sellers are not required to disclose:
- A death on the property
- That the home was owned or occupied by someone with HIV/AIDS or another non–occupancy-transmissible disease
- That a registered sex offender lives nearby
Seller SPDS Prep Checklist
- Repair receipts and warranties
- HOA contact information and any violation notices
- Utility provider list
- Pest treatment history
- Solar system documents
- Insurance claims history report (with explanations)
- Septic/sewer inspection records
- Permits for remodels or additions
FAQs
Q: What is the Arizona SPDS form?
A: A 10-page legal document sellers complete to disclose known material facts about a property.
Q: When must sellers provide the SPDS?
A: Within 3 days of contract acceptance.
Q: Do sellers have to disclose HOA rules?
A: No. Buyers must get current CC&Rs from the HOA.
Q: What is a material fact in Arizona real estate?
A: Any information that could affect a buyer’s decision or offer price.
Want to avoid common disclosure mistakes that could cost you later?
Contact the Shirley Coomer Group at Keller Williams Realty Sonoran Living for expert guidance.
📞 Call or Text: 602-770-0643 📧 Email: scoomer@kw.com
