Is a Home seller in AZ required to give a Sellers Property Disclosure?

Real Estate Broker/Owner with Phoenix Property Shoppe AZ Broker BR030809000

Is a Home seller in AZ required to give a Sellers Property Disclosure?


Per the AAR residential sales contract a home seller is required to give the buyer a copy of the Sellers Property Disclosure (SPDS) within 5 days of an accepted contract:

Sellers Property Disclosure in Arizona
'Seller Property Disclosure Statement (SPDS). Seller shall deliver a completed AAR Residential SPDS form to  the buyer within five (5) days after contract acceptance. Buyer shall provide notice of any items disapproved within the inspection period of five (5) days after receipt of the SPDS whichever is later'.


However this is not always the case in our current real estate market for several reasons:

  • The home is bank owned property (foreclosure) and the seller/bank has no knowledge of the property or it's condition. The seller/bank will always delete the SPDS from the contract.

  • The home was purchased by an investor and then 'flipped' for sale. The seller generally has no knowledge of the property or it's condition. They typically will require that the SPDS be deleted from the contract.

  • The home owner has died and left the home to relatives or it's in a trust. Often time the family or trustee has little to no knowledge of the property or it's condition. They typically will fill out the SPDS to the best of the knowledge or they will require that the SPDS be deleted from the contract. 
Should I be concerned if the seller refused to deliver a SPDS?
Not Really.  Would it be good to receive a SPDS?  Yes, if possible.  But I don't get overly concerned (after 5 years of dealing with this issue) when a SPDS is deleted from a contract.   
Why don't I get overly concerned?  Because a home inspection is conducted for all of our buyers home purchases.  And a home inspection is a much better indicator of the property's condition. The inspector is trained to thoroughly inspect a home from top to bottom and in most instances knows more about the home then a seller who lived in the home would ever know. Sellers are many times very surprised to find out what issues are going on with their home.
If you have further questions regarding the AZ Sellers Property Disclosure
or Buying a Phoenix Metro Home feel free to contact
Anna 'Banana' Kruchten @ 602-380-4886

Is a Home seller in AZ required to give a Sellers Property Disclosure?



Real Estate and Working with my Clients is my Passion!

I take my clients trust in me very seriously. I'm known for 'telling' it like it is, not what folks might want to hear or  think it should look like. Now that may sound kind of tough, but think about it, in the long run if you want to buy or sell a home you need to know the real facts in order to make a wise choice.

If you want the truth and the whole truth, I am the 
Phoenix Real Estate Broker for You.

When you are ready to buy or sell a Phoenix Area Home, I will be your advocate, guide, and fierce negotiator. I will work hard to make your buying or selling a home as smooth and stress-free as I possibly can - even if it's a short sale.  Guaranteed.


Call me and we'll create a plan of action to buy a home or sell your home! 




Anna 'Banana' Kruchten








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Anna "Banana" Kruchten
Designated Broker & Owner

Phoenix Homes For Sale


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Kathy Sheehan
Bay Equity, LLC 770-634-4021 - Atlanta, GA
Senior Loan Officer

Great information Anna.  Most of the foreclosures here never have the seller disclosures statement.

Jun 02, 2012 10:59 AM #1
Anna Banana Kruchten CRB, CRS, Broker
Phoenix Property Shoppe - Phoenix, AZ
Arizona's Top Banana of Real Estate!

Kathy yes it never happens here either.  We've learned to work around this issue the best we can with our excellent home inspectors.

Jun 02, 2012 11:09 AM #2
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