Skip to content
ClosingCodeClosingCode
ENES

Arizona · A.R.S. §33-422Arizona affidavit of disclosure (A.R.S. §33-422) for unincorporated land

A seller of five or fewer parcels of land, other than subdivided land, in an unincorporated area of an Arizona county – and any later seller of such a parcel – must give the buyer a sworn affidavit of disclosure at least seven days before the transfer (A.R.S. §33-422). The buyer acknowledges receipt and may rescind within five days after it is furnished. The seller records the affidavit with the deed, and a waiver of the seller's liability for omissions or misrepresentations is not binding on the buyer.

The rules

  1. Who and when (§33-422(A))

    The seller of five or fewer parcels in an unincorporated area, and any subsequent seller, at least seven days before transfer; the buyer acknowledges receipt.

  2. Rescission (§33-422(D))

    The buyer may rescind the sale for five days after the affidavit is furnished.

  3. Recording (§33-422(E))

    The seller records the executed affidavit at the same time as the deed; a later affidavit supersedes earlier ones.

  4. No waiver (§33-422(C))

    A release or waiver of the seller's liability for omissions or misrepresentations is not valid or binding on the buyer. The affidavit is in 12-point type and notarized.

What the seller answers

  • Legal and physical access, a surveyor's or engineer's statement on two-wheel-drive access, and road maintenance.
  • FEMA regulatory floodplain, fissures or expansive soils.
  • Utilities, hauled water with the hauler's details, water provider or well type, and water rights adjudication claims.
  • On-site wastewater system, inspection and percolation test.
  • Leased or owned solar and battery storage devices with the leasing company.
  • County zoning, land division compliance (A.R.S. §11-831 and §32-2181) and title encumbrances.
  • Military airport clear zones, high noise or accident zones, restricted airspace, electronics ranges and influence areas.

What the TC tracks

  • Affidavit delivered and acknowledged at least 7 days before close of escrow.
  • The 5-day rescission window counted from delivery.
  • Notarized original sent to escrow for recording with the deed.

Questions about the Arizona affidavit of disclosure

When is an affidavit of disclosure required in Arizona?

For the sale of five or fewer parcels of land, other than subdivided land, in an unincorporated area of a county, including later resales of such a parcel (A.R.S. §33-422(A)).

How many days before closing must the affidavit be given?

At least seven days before the transfer of the property.

Can the buyer cancel after receiving the affidavit?

Yes. The buyer may rescind within five days after the affidavit is furnished (§33-422(D)).

Is the Arizona affidavit of disclosure recorded?

Yes. The seller records it at the same time as the deed (§33-422(E)).

Does it apply to trustee's sales?

No. Trustees selling at a trustee's sale and officers at execution sales are not sellers under §33-422(G).

Related guides

Set the 7-day delivery and the 5-day rescission window as tasks with owners and due dates in ClosingCode – they recompute if the closing date moves.

Start free trial

Source: Arizona Revised Statutes §33-422 (azleg.gov, read October 24, 2026).

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage.