Skip to content

Arizona · A.R.S. §33-443Arizona foreign adversary land ban: who is covered, what counts as an interest, and the closing side

Arizona's rule reaches any real property in the state, not only farmland. A foreign adversary nation or foreign adversary agent may not, directly or indirectly, purchase, own, lease, acquire by grant or devise, obtain a concession over, or obtain a current or future substantial interest in real property – including options, warrants, rights of first refusal, remainders and convertible debt that could lead to property rights (A.R.S. §33-443(A)). A foreign adversary nation is a country named as a national security risk in each of the three latest U.S. intelligence threat assessments or designated by the Commerce Department under 15 C.F.R. §791.4; agents include state-owned enterprises, entities the nation controls, party and government leaders, and businesses headquartered there and controlled by it (§33-443(N)(7)–(8)). A substantial interest is 15% or more, counting contingent interests as exercised, but not a passive stake without power to direct the property decisions (§33-443(N)(11)). Shells, trusts and restructuring to slip under 15% are covered (§33-443(C)); transactions cleared by CFIUS or under a CFIUS mitigation agreement are excluded (§33-443(E)). Land taken by devise, descent, security enforcement or debt collection is allowed only if sold within 120 days (§33-443(K)). The attorney general enforces; a court that finds a violation orders divestment and a county sale, paying lienholders first (§33-443(F), (H)). Title insurers, title agents, escrow agents and real estate licensees can't be held liable, and a violation can't be the basis of a title insurance claim (§33-443(I)–(J)).

The rules

  1. 1. Scope (§33-443(A))

    Any real property: purchase, ownership, lease, concession or a substantial interest.

  2. 2. Who (§33-443(N)(7)–(8))

    Foreign adversary nations named by U.S. intelligence or Commerce, and their agents and controlled businesses.

  3. 3. 15% (§33-443(N)(11))

    Substantial interest counts contingent interests; passive stakes excluded.

  4. 4. Exceptions (§33-443(E), (K))

    CFIUS-cleared deals; inheritance or foreclosure if sold within 120 days.

  5. 5. Closing side (§33-443(I)–(J))

    Title, escrow and licensees not liable; no title insurance claim based on a violation.

What the TC can do

  • If the buyer may be tied to a foreign government, flag it to the agent and the closing attorney before the contract.
  • Watch for options, rights of first refusal and leases – they count, not only deeds.

Questions about Arizona's foreign adversary law

Does Arizona's foreign adversary law cover houses, not only farmland?

Yes. It covers any real property in Arizona, and leases, options and rights of first refusal as well as ownership (A.R.S. §33-443(A)).

Is the escrow or title agent liable if a covered buyer closes in Arizona?

No. A title insurer, title agent, escrow agent or real estate licensee may not be held liable for a violation (A.R.S. §33-443(I)).

Add a task in ClosingCode to flag a potentially covered buyer to the agent and the closing attorney before the contract.

Start free trial

Source: A.R.S. §33-443 (azleg.gov, read October 28, 2026).

General information, not legal advice. Whether a buyer is covered is a legal question for an attorney in that state. ClosingCode is software; it is not a law firm or title company. This guide is not a substitute for the advice or services of an attorney.