A.R.S. tit. 33 ch. 4 — Arizona Revised Statutes Title 33 Chapter 4 — Conveyances And Deeds

33-401. Formal requirements of conveyance; writing; subscription; delivery; acknowledgment; defects A. No estate of inheritance, freehold, or for a term of more than one year, in lands or tenements, shall be conveyed unless the conveyance is by an instrument in writing, subscribed and delivered by the party disposing of the estate, or by his agent thereunto authorized by writing. B. Every deed or conveyance of real property must be signed by the grantor and must be duly acknowledged before some officer authorized to take acknowledgments as prescribed in title 41, chapter 2, article 1. C. In every deed or conveyance of real property in which the grantee is subject to regulation pursuant to title 6, 10 or 29, or would be subject to regulation pursuant to title 6, 10 or 29 if doing business in this state, the grantee's name and address and the state in which the grantee is incorporated, organized, licensed, chartered or registered shall be set forth fully, together with the name of the country under which the grantee is chartered or formed. The validity of any deed shall not be affected by any failure to comply with the requirements set forth in this subsection. D. For the purposes of this section, a deed or conveyance that contains any defect, omission or informality in the certificate of acknowledgment, or for which there is any failure to perform a duty or meet a requirement in the taking of the acknowledgment, and that has been recorded in the office of the county recorder of the county in which the property is located shall be deemed to have been duly acknowledged on and after the date of its recording. 33-402. Forms for conveyances; quit claim; conveyance; warranty; mortgage The following or other equivalent forms varied to suit circumstances are sufficient: 1. To quit claim: For the consideration of ______________, I hereby quit claim to A.B. all my interest in the following real property (describing it). 2. To convey: For the consideration of ______________, I hereby convey to A.B. the following real property (describing it). 3. To convey and warrant: The same as the preceding form, adding "and I warrant the title against all persons whomsoever" (or other words of warranty). 4. To mortgage: The same as to convey, adding the following: "To be void upon condition that I pay, etc." 33-403. Easement description; validity Notwithstanding any other provision of law, the description of easements and rights-of-way for public service corporation, telecommunications corporation or cable television system purposes reserved or conveyed in a conveyance document or other instrument executed prior to September 15, 1982 is not void for lack of a sufficient description of the course or width of the easement if the servient estate which is subject to the easement or right-of-way is sufficiently described. 33-404. Disclosure of beneficiary; recording; failure to disclose A. Notwithstanding section 33-411, subsection D, every deed or conveyance of real property, or an interest in real property, located in this state which is executed after June 22, 1976 in which the grantee is described as a trustee or acts as a trustee shall disclose the names and addresses of the beneficiaries for whom the grantee holds title and shall identify the trust or other agreement under which the grantee is acting or refer by proper description to the document number or the docket and page of an instrument or other writing which is of public record in the county in which the property so conveyed is located in which such matters are disclosed. B. Notwithstanding section 33-411, subsection D, every deed or conveyance of real property, or an interest in real property, located in this state which is executed after June 22, 1976 by a grantor who holds title to the property as a trustee, whether or not such capacity is identified on the document through which title was acquired, shall also disclose the names and addresses of the beneficiaries for whom the grantor held title to the property and shall identify the trust or other agreement under which the grantor is acting or refer by proper description to the document number or the docket and page of an instrument or other writing which is of public record in the county in which the property so conveyed is located in which such matters are disclosed. C. Notwithstanding section 33-411, subsection D, a grantee who holds title as a trustee under a trust or other agreement which is subject to the disclosure requirements of this section and who receives actual knowledge after August 18, 1987 of a change in beneficiary, within thirty days after receiving such actual knowledge, shall record with the county recorder of the county in which the property is located a notice of the change. The recording and any subsequent recording of any change in any beneficiary shall identify the trust or other agreement under which the grantee holds title and shall include the legal description of the property and a list of the then current names and addresses of the beneficiaries. D. Notwithstanding subsections A, B and C of this section, a trustee is not required to record a change of beneficiary if, upon the death of a beneficiary of a real property trust, the interests of the deceased beneficiary vest in the beneficiary's estate or in other beneficiaries identified in a previous recording. If the interest of the deceased beneficiary vests in a beneficiary not identified in a previous recording, the trustee shall comply with the recording requirements of this chapter within thirty days of receipt of both knowledge of the death and the name and address of the successor beneficiary or beneficiaries or within thirty days of the first distribution of income or principal to a successor beneficiary or beneficiaries, whichever occurs first. E. Any conveyance of real property or an interest in real property which does not include the disclosures required by this section with respect to the property so conveyed is voidable by the other party to the conveyance. Any action to void the conveyance shall be commenced within two years after the date of recordation of the document effecting the conveyance. F. If real property or any interest in real property, or any mortgage, deed of trust or other lien on real property, is acquired for value, the title, interest, mortgage, deed of trust or other lien is not impaired or in any way adversely affected by reason of the failure of any person to comply with the requirements of this section. G. As used in this section, "trustee" does not include an agent for a disclosed principal, a conservator, a guardian, a personal representative, an attorney-in-fact, a lessor or lessee under a lease, a trustee in a bankruptcy or receivership proceeding, a trustee under a deed of trust, a trustee under a business trust or a trustee under an indenture for security holders. 33-405. Beneficiary deeds; recording; definitions A. A deed that conveys an interest in real property, including any debt secured by a lien on real property, to a grantee beneficiary designated by the owner and that expressly states that the deed is effective on the death of the owner transfers the interest to the designated grantee beneficiary effective on the death of the owner subject to all conveyances, assignments, contracts, mortgages, deeds of trust, liens, security pledges and other encumbrances made by the owner or to which the owner was subject during the owner's lifetime. B. A beneficiary deed may designate multiple grantees who take title as joint tenants with right of survivorship, tenants in common, a husband and wife as community property or as community property with right of survivorship, or any other tenancy that is valid under the laws of this state. Unless the beneficiary deed provides otherwise, the interest in real property conveyed by a beneficiary deed is the separate property of the named grantee beneficiary and is not community property. C. A beneficiary deed may designate a successor grantee beneficiary. If the beneficiary deed designates a successor grantee beneficiary, the deed shall state the condition on which the interest of the successor grantee beneficiary would vest. Unless the beneficiary deed provides otherwise, if there are no grantee beneficiaries named in the beneficiary deed who survive the owner, the beneficiary deed is void and section 14-2603 does not apply. D. If real property is owned as joint tenants with the right of survivorship or as community property with the right of survivorship, a deed that conveys an interest in the real property to a grantee beneficiary designated by all of the then surviving owners and that expressly states that the deed is effective on the death of the last surviving owner transfers the interest to the designated grantee beneficiary effective on the death of the last surviving owner. If a beneficiary deed is executed by fewer than all of the owners of real property owned as joint tenants with right of survivorship or community property with right of survivorship, the beneficiary deed is valid if the last surviving owner is one of the persons who executes the beneficiary deed. If the last surviving owner did not execute the beneficiary deed, the transfer shall lapse and the deed is void. An estate in joint tenancy with right of survivorship or community property with right of survivorship is not affected by the execution of a beneficiary deed that is executed by fewer than all of the owners of the real property, and the rights of a surviving joint tenant with right of survivorship or a surviving spouse in community property with right of survivorship shall prevail over a grantee beneficiary named in a beneficiary deed. E. A beneficiary deed is valid only if the deed is executed and recorded as provided by law in the office of the county recorder of the county in which the property is located before the death of the owner or the last surviving owner. A beneficiary deed may be used to transfer an interest in real property to the trustee of a trust even if the trust is revocable. F. A beneficiary deed may be revoked at any time by the owner or, if there is more than one owner, by any of the owners who executed the beneficiary deed. To be effective, the revocation must be executed and recorded as provided by law in the office of the county recorder of the county in which the real property is located before the death of the owner who executes the revocation. If the real property is owned as joint tenants with right of survivorship or community property with right of survivorship and if the revocation is not executed by all the owners, the revocation is not effective unless executed by the last surviving owner. G. If an owner executes and records more than one beneficiary deed concerning the same real property, the last beneficiary deed that is recorded before the owner's death is the effective beneficiary deed. H. This section does not prohibit other methods of conveying property that are permitted by law and that have the effect of postponing enjoyment of an interest in real property until the death of the owner. This section does not invalidate any deed otherwise effective by law to convey title to the interests and estates provided in the deed that is not recorded until after the death of the owner. I. The signature, consent or agreement of or notice to a grantee beneficiary of a beneficiary deed is not required for any purpose during the lifetime of the owner. J. A beneficiary deed that is executed, acknowledged and recorded in accordance with this section is not revoked by the provisions of a will. K. A beneficiary deed is sufficient if it complies with other applicable laws and if it is in substantially the following form: Beneficiary Deed I (we) _________________________ (owner) hereby convey to _______________ (grantee beneficiary) effective on my (our) death the following described real property: (Legal description) If a grantee beneficiary predeceases the owner, the conveyance to that grantee beneficiary shall either (choose one): [] Become null and void. [] Become part of the estate of the grantee beneficiary. _________________________ (Signature of grantor(s)) (acknowledgment). L. The instrument of revocation shall be sufficient if it complies with other applicable laws and is in substantially the following form: Revocation of Beneficiary Deed The undersigned hereby revokes the beneficiary deed recorded on ___________ (date), in docket or book __________ at page ________, or instrument number ____________, records of ________________ county, Arizona. Dated: _______________________ ______________________________ Signature (acknowledgment). M. For the purposes of this section: 1. "Beneficiary deed" means a deed authorized under this section. 2. "Owner" means any person who executes a beneficiary deed as provided in this section. 33-406. Disclosure of transportation of water to property by motor vehicle or train; definition A. Notwithstanding section 33-411, subsection D, a subdivider who sells a lot that was included in a plat approved by the legislative body of a city or town pursuant to an exemption authorized by section 9-463.01, subsection K or by the board of supervisors of a county pursuant to an exemption authorized by section 11-823, subsection B, paragraph 1 shall record with the plat a document that contains a legal description of the land that is subject to the subdivision plat and that contains a statement that the lots are served by a water supply that has been determined as inadequate and that the water must be hauled to the lot. B. For the purposes of this section, "subdivider" has the same meaning as prescribed in section 32-2101. 33-411. Invalidity of unrecorded instrument as to bona fide purchaser; acknowledgment required for proper recording; recording of instruments acknowledged in another state; exception A. No instrument affecting real property gives notice of its contents to subsequent purchasers or encumbrance holders for valuable consideration without notice, unless recorded as provided by law in the office of the county recorder of the county in which the property is located. B. An instrument shall not be deemed lawfully recorded unless it has been previously acknowledged in the manner prescribed in this chapter or title 41, chapter 2, article 1 except in the case of master mortgages as provided in section 33-415. C. For the purposes of this section, an instrument that affects real property containing any defect, omission or informality in the certificate of acknowledgment, or for which there is any failure to perform a duty or meet a requirement in the taking of the acknowledgment, and that has been recorded in the office of the county recorder of the county in which the property is located shall be deemed to have been lawfully recorded on and after the date of its recording. D. An instrument affecting real property in this state executed and acknowledged in accordance with the laws of any other state shall be valid and entitled to record as if executed and acknowledged in accordance with the laws of this state. E. Letters patent from the United States or any grant from the government, executed and authenticated pursuant to law, may be recorded without further acknowledgment. 33-411.01. Recording real estate documents; indemnification by transferor Any document evidencing the sale, or other transfer of real estate or any legal or equitable interest therein, excluding leases, shall be recorded by the transferor in the county in which the property is located and within sixty days of the transfer. In lieu thereof, the transferor shall indemnify the transferee in any action in which the transferee's interest in such property is at issue, including costs, attorney's fees and punitive damages. 33-412. Invalidity of unrecorded instruments as to bona fide purchaser or creditor A. All bargains, sales and other conveyances whatever of lands, tenements and hereditaments, whether made for passing an estate of freehold or inheritance or an estate for a term of years, and deeds of settlement upon marriage, whether of land, money or other personal property, and deeds of trust and mortgages of whatever kind, shall be void as to creditors and subsequent purchasers for valuable consideration without notice, unless they are acknowledged and recorded in the office of the county recorder as required by law. B. Unrecorded instruments, as between the parties and their heirs, and as to all subsequent purchasers with notice thereof, or without valuable consideration, shall be valid and binding. 33-413. Invalidity of unrecorded marriage contract as to bona fide purchaser or creditor No covenant or agreement made in consideration of marriage shall be valid against a purchaser for valuable consideration, or a creditor not having notice thereof, unless the covenant or agreement is duly acknowledged and recorded in the manner and form required for deeds and other conveyances. 33-414. Recording of judgments affecting title to real property; inadmissibility of unrecorded judgment A. Every judgment of a court by which title to real property is affected shall be recorded in the office of the county recorder of the county in which the property or part thereof is located, and until recorded, the judgment shall not be received in evidence in support of any right claimed by virtue thereof. B. It shall not be necessary to record the judgment in full, but an abstract thereof by the clerk of the court under his hand and seal, stating the title of the court and of the action, the date of judgment, a description of the property and the name of the party to whom it is decreed, shall be a sufficient record of the judgment. 33-415. Recording of master mortgages; including master mortgage provisions by reference in other mortgage A. Any person may record in the office of the county recorder of any county master mortgages of real property. Master mortgages are not required to be acknowledged or proved or certified to be recorded or entitled to be recorded. Such mortgages shall have noted upon the face thereof that they are master mortgages. B. The county recorder shall index and record master mortgages in the same manner as other mortgages are indexed and recorded and shall note on all indices and records thereof that they are master mortgages. C. Thereafter any provisions of a recorded master mortgage may be included for any and all purposes in a mortgage by reference therein to any of such provisions without setting them forth in full, if the master mortgage is of record in the county in which the mortgage adopting or including by reference any provisions thereof is recorded. D. The reference shall contain a statement: 1. As to each county in which the mortgage containing the reference is recorded. 2. The date such master mortgage was recorded. 3. The county recorder's office wherein the master mortgage is recorded. 4. The book, volume and page or pages or recording number of the records in the recorder's office where the master mortgage is recorded. 5. Paragraph numbers, or any other method, which will definitely identify the specific provisions of the master mortgage which are being adopted and included in the reference. E. Recording a master mortgage which has included therein any provisions by reference as provided in this section shall operate as constructive notice of the whole thereof, including its terms, as a part of the written contents of any such mortgage, and of any provisions so included by reference as though they were written in full therein. F. The parties bound, or to be bound, by provisions adopted and included by reference shall be bound thereby in the same manner and with like effect for all purposes as though such provisions were set forth in full in writing in such mortgage. 33-416. Record of instrument duly recorded as notice The record of a grant, deed or instrument in writing authorized or required to be recorded, which has been duly acknowledged and recorded in the proper county, shall be notice to all persons of the existence of such grant, deed or instrument, but a mortgage of real property may be recorded and constructive notice and the contents thereof given as provided in section 33-415. 33-417. Law governing validity of instruments; recording of instruments valid when executed; validity of instruments recorded prior to October 1, 1913 A. The execution, acknowledgment, form or record of a conveyance or other instrument, shall depend for its validity and legality upon the laws in force when the act was performed. B. Conveyances of real property made and acknowledged according to laws in force in this state at the time the conveyances were made and acknowledged shall have the same force as evidence, and may be recorded in the same manner and with like effect as conveyances executed and acknowledged pursuant to the provisions of this chapter. C. Instruments affecting real estate, duly signed and recorded in the office of the proper county recorder prior to October 1, 1913, are legal and valid to the same extent as if acknowledged and recorded as required by the provisions of this chapter. 33-418. Recording of conveyances recorded prior to 1865 or recorded in New Mexico or Republic of Mexico A. Deeds or other conveyances recorded prior to January 1, 1865 in the office of any probate court in the state may be transcribed from the records of such court by the county recorder, and records of conveyance of lands within this state heretofore recorded in the state of New Mexico or the Republic of Mexico, upon being properly certified by the officer having charge of such records, may be recorded by the county recorder in the appropriate county of this state. B. This section shall not affect or bind in any manner any person or party who has constructive notice of the existence of any deed or other instrument in writing as a recorded deed or instrument except after January 1, 1865. 33-419. Effect of record as notice of instrument affecting land located in subsequently created county Where an instrument has been recorded in the proper county, and any property conveyed or encumbered by the instrument is located within another county subsequently created, the prior record shall not be thereby invalidated or in any manner affected, but shall still continue to be notice of its contents to all persons. 33-420. False documents; liability; special action; damages; violation; classification A. A person purporting to claim an interest in, or a lien or encumbrance against, real property, who causes a document asserting such claim to be recorded in the office of the county recorder, knowing or having reason to know that the document is forged or groundless, contains a material misstatement or false claim or is otherwise invalid is liable to the owner or beneficial title holder of the real property for the sum of at least $5,000 or for treble the actual damages caused by the recording, whichever is greater, and reasonable attorney fees and costs of the action. B. The owner or beneficial title holder of the real property may bring an action pursuant to this section in the superior court in the county in which the real property is located for such relief as is required to immediately clear title to the real property as provided for in the rules of procedure for special actions. This special action may be brought based on the ground that the lien is forged or groundless, contains a material misstatement or false claim or is otherwise invalid. The owner or beneficial title holder may bring a separate special action to clear title to the real property or join such action with an action for damages as described in this section. In either case, the owner or beneficial title holder may recover reasonable attorney fees and costs of the action if the owner or beneficial title holder prevails. C. A person who is named in a document that purports to create an interest in, or a lien or encumbrance against, real property and who knows that the document is forged or groundless, contains a material misstatement or false claim or is otherwise invalid is liable to the owner or beneficial title holder for the sum of at least $1,000 or for treble actual damages, whichever is greater, and reasonable attorney fees and costs as provided in this section, if the person wilfully refuses to release or correct the document of record within twenty days after the date of a written request from the owner or beneficial title holder of the real property. D. A document purporting to create an interest in, or a lien or encumbrance against, real property not authorized by statute, judgment or other specific legal authority is presumed to be groundless and invalid. E. A person purporting to claim an interest in, or a lien or encumbrance against, real property, who causes a document asserting such claim to be recorded in the office of the county recorder, knowing or having reason to know that the document is forged or groundless, contains a material misstatement or false claim or is otherwise invalid, is guilty of a class 5 felony. 33-420.01. Suspension of line of credit; payoff demand statement; definitions A. A secured lender under a revolving line of credit against real property shall suspend the revolving line of credit for a minimum of forty-five days on receipt of a request for a payoff demand statement as defined in section 33-715 from an escrow agent who is licensed pursuant to title 6, chapter 7. B. This section shall not be construed to validate, invalidate or otherwise affect the foreclosure of a mortgage, the exercise of a trustee's power of sale or the exercise of a seller's right to a forfeiture under an agreement for sale of real property. C. For the purposes of this section: 1. "Revolving line of credit" means an open end revolving loan that is established pursuant to a written agreement between a borrower and a lender in which the lender agrees to lend the borrower money on a continuing basis for as long as the outstanding principal amount owed by the borrower does not exceed a specified amount. 2. "Secured lender" means any one of the following: (a) A mortgagee on a mortgage. (b) A beneficiary on a deed of trust. (c) A person who holds or retains legal title to real property as security for financing the purchase of the real property under an agreement for sale of real property. (d) A person who holds or retains a security interest in real property to secure the repayment of a loan. (e) The authorized agent of those listed in this paragraph. 3. "Suspend" means to forbid the borrower from increasing or incurring any additional debt on the revolving line of credit. 33-421. Recording of liens A. A nonconsensual lien, other than a lien recorded by a governmental entity or political subdivision or agency, a validly licensed utility or water delivery company, a mechanics' lien claimant or an entity created under covenants, conditions, restrictions or declarations affecting real property, shall not be recorded unless the lien is accompanied by an order or judgment from a court of competent jurisdiction authorizing the filing of the lien. B. If a nonconsensual lien is accepted for recording as described in subsection A, the recording officer shall accept for recording a notice of invalid lien that is signed and submitted by the attorney general or county attorney. The attorney general or county attorney shall mail a copy of the notice of invalid lien to the person who is designated as creditor and to the person who recorded the nonconsensual lien at the address of each as stated on the recorded document. The purported lien is conclusively presumed to be invalid when the invalid lien is recorded. C. The county recorder shall not record any lien except as prescribed in subsection A or otherwise authorized by law unless the lien is accompanied by the notarized signature of the debtor on a document acknowledging the filing and recording of the lien. D. A recording officer or a county is not liable for accepting for recording a lien pursuant to this section. E. A nonconsensual lien that is recorded with the county recorder and that is not recorded by an authorized entity pursuant to subsection A or that is not ordered by the superior court does not affect the marketability of title to the real property described in the nonconsensual lien and shall not constitute actual or constructive notice of any of the matters contained in the lien. 33-422. Land divisions; recording; disclosure affidavit A. A seller of five or fewer parcels of land, other than subdivided land, in an unincorporated area of a county and any subsequent seller of such a parcel shall complete and furnish a written affidavit of disclosure to the buyer at least seven days before the transfer of the property and the buyer shall acknowledge receipt of the affidavit. B. The affidavit must be written in twelve-point type. C. A release or waiver of a seller's liability arising out of any omission or misrepresentation contained in an affidavit of disclosure is not valid or binding on the buyer. D. The buyer has the right to rescind the sales transaction for a period of five days after the affidavit of disclosure is furnished to the buyer. E. The seller shall record the executed affidavit of disclosure at the same time that the deed is recorded. The county recorder is not required to verify the accuracy of any statement in the affidavit of disclosure. A subsequently recorded affidavit supersedes any previous affidavit. F. The affidavit of disclosure shall contain all of the following disclosures, be completed by the seller, meet the requirements of section 11-480 and follow substantially the following form: When recorded mail to: __________________________ __________________________ __________________________ __________________________ Affidavit of Disclosure Pursuant to A.R.S. § 33-422 I, ______________________________________________ (seller(s)) being duly sworn, hereby make this affidavit of disclosure relating to the real property situated in the unincorporated area of: _______________________, County, State of Arizona, located at: ______________________________________________________________ and legally described as: (Legal description attached hereto as exhibit "A") (property). 1. There ◻ is ◻ is not . . . . legal access to the property, as defined in A.R.S. § 11-831 . . . . ◻ unknown Explain: ____________________________________________________ ______________________________________________________________ ______________________________________________________________ 2. There ◻ is ◻ is not . . . . physical access to the property. ◻ unknown Explain: ____________________________________________________ ______________________________________________________________ ______________________________________________________________ 3. There ◻ is ◻ is not . . . . a statement from a licensed surveyor or engineer available stating whether the property has physical access that is traversable by a two-wheel drive passenger motor vehicle. 4. The legal and physical access to the property ◻ is ◻ is not . . . . the same....◻ unknown ◻ not applicable. Explain: ____________________________________________________ ______________________________________________________________ ______________________________________________________________ If access to the parcel is not traversable by emergency vehicles, the county and emergency service providers may not be held liable for any damages resulting from the inability to traverse the access to provide needed services. 5. The road(s) is/are ◻ publicly maintained ◻ privately maintained ◻ not maintained ◻ not applicable. If applicable, there ◻ is ◻ is not . . . . a recorded road maintenance agreement. If the roads are not publicly maintained, it is the responsibility of the property owner(s) to maintain the roads and roads that are not improved to county standards and accepted for maintenance are not the county's responsibility. 6. A portion or all of the property ◻ is ◻ is not . . . . located in a FEMA designated regulatory floodplain. If the property is in a floodplain, it may be subject to floodplain regulation. 7. The property ◻ is ◻ is not subject to ◻ fissures or ◻ expansive soils. ◻ unknown Explain: ____________________________________________________ ______________________________________________________________ ______________________________________________________________ 8. The following services are currently provided to the property: ◻ water ◻ sewer ◻ electric ◻ natural gas ◻ single party telephone ◻ cable television services. 9. The property ◻ is ◻ is not . . . . served by a water supply that requires the transportation of water to the property. If the property is served by a water supply that requires the transportation of water to the property, the seller shall disclose the name and contact information of the water hauler or water hauling company that is currently providing the transportation services to the property and the name and location of the water supply from which the water is currently being transported. Water hauler name: ______________ Phone:__________ Water supply: __________________ Location:_________ 10. The property is served by ◻ a private water company ◻ a municipal water provider ◻ a private well ◻ a shared well ◻ no well. If served by a shared well, the shared well ◻ is ◻ is not . . . . a public water system, as defined by the safe drinking water act (42 United States Code § 300f). Notice to buyer: If the property is served by a well, a private water company or a municipal water provider the Arizona department of water resources may not have made a water supply determination. For more information about water supply, contact the water provider. 11. The property or the water used on the property ◻ is ◻ is not the subject of a statement of claimant for the use of water in a general adjudication of water rights. ◻ unknown. This is a lawsuit to determine the use of and relative priority of water rights. A map of adjudicated areas is available at the website of the department of water resources. 12. The property ◻ does have ◻ does not have . . . . an on-site wastewater treatment facility (i.e., standard septic or alternative system to treat and dispose of wastewater). ◻ unknown. If applicable: a) The property ◻ will ◻ will not . . . . require installation of an on-site wastewater treatment facility; b) The on-site wastewater treatment facility ◻ has ◻ has not been inspected. 13. The property ◻ has been ◻ has not been . . . . subject to a percolation test. ◻ unknown. 14. The property ◻ does have ◻ does not have one or more solar energy devices that are ◻ leased ◻ owned. If the solar energy devices are leased, the seller shall disclose the name and contact information of the leasing company. Leasing company name: _______________ Phone: _______________ 15. The property ◻ does have ◻ does not have one or more battery energy storage devices that are ◻ leased ◻ owned. If the battery energy storage devices are leased, the seller shall disclose the name and contact information of the leasing company. Leasing company name: _________________ Phone: ____________ 16. The property ◻ does ◻ does not . . . . meet the minimum applicable county zoning requirements of the applicable zoning designation. 17. The sale of the property ◻ does ◻ does not . . . meet the requirements of A.R.S. § 11-831 and § 32-2181 regarding land divisions. If those requirements are not met, the property owner may not be able to obtain a building permit. It is unlawful pursuant to § 11-831, subsection F and § 32-2181, subsection D for a person or group of persons to attempt to avoid the subdivision laws of this state by acting in concert to divide a parcel of land into six or more lots or parcels. The county where the land division occurred or the state real estate department may investigate and enforce the prohibition against acting in concert to unlawfully divide a parcel of land into six or more lots or parcels. The seller or property owner shall disclose each of the deficiencies to the buyer. Explain: ____________________________________________________ ______________________________________________________________ ______________________________________________________________ 18. The property ◻ is ◻ is not located in the clear zone of a military airport or ancillary military facility, as defined in A.R.S. § 28-8461. (Maps are available at the state real estate department's website.) 19. The property ◻ is ◻ is not located in the high noise or accident potential zone of a military airport or ancillary military facility, as defined in A.R.S. § 28-8461. (Maps are available at the state real estate department's website.) 20. Notice: If the property is located within the territory in the vicinity of a military airport or ancillary military facility, the property is required to comply with sound attenuation standards as prescribed by A.R.S. § 28-8482. (Maps are available at the state real estate department's website.) 21. The property ◻ is ◻ is not located under military restricted airspace. ◻ unknown. (Maps are available at the state real estate department's website.) 22. The property ◻ is ◻ is not located in a military electronics range as defined in A.R.S. § 9-500.28 and § 11-818. ◻ unknown. (Maps are available at the state real estate department's website.) 23. The property ◻ is ◻ is not located within the influence area of a military installation or range or Arizona national guard site as defined in sections 9-500.50 and 11-818.01 (Maps are available at the state real estate department website.) 24. Use of the property ◻ is ◻ is not limited in any way relating to an encumbrance of title due to a lis pendens, a court order or a state real estate department order or a pending legal action. If the use of the property is limited due to an encumbrance of title, the seller or property owner shall disclose the limitations to the buyer. Explain: ____________________________________________________ ______________________________________________________________ ______________________________________________________________ This affidavit of disclosure supersedes any previously recorded affidavit of disclosure. I certify under penalty of perjury that the information contained in this affidavit is true, complete and correct according to my best belief and knowledge. Dated this (date) __ day of (year) by: Seller's name (print): ______________ Signature: _____________ Seller's name (print): ______________ Signature: _____________ State of Arizona ) ) ss. County of _________) Subscribed and sworn before me this _ (date) __ day of (year) , by ________________________________________. __________________________ Notary public My commission expires: (date) Buyer(s) hereby acknowledges receipt of a copy of this affidavit of disclosure this (date) day of (year) Buyer's name (print): _______________ Signature: _____________ Buyer's name (print): _______________ Signature: _____________ G. For the purposes of this section, seller and subsequent seller do not include a trustee of a deed of trust who is selling property by a trustee's sale pursuant to chapter 6.1 of this title or any officer who is selling property by execution sale pursuant to title 12, chapter 9 and chapter 6 of this title. If the seller is a trustee of a subdivision trust as defined in section 6-801, the disclosure affidavit required by this section shall be provided by the beneficiary of the subdivision trust. 33-423. Disclosure; reports; indemnity; applicability; violation; classification A. A disclosure report pursuant to this section may be provided to the buyer or seller of real property by a third party as authorized by the buyer or seller and shall be based on officially adopted and electronically posted or otherwise readily available governmental maps or information that discloses whether the real property is subject to one or more of the following: 1. Special flood hazard areas designated by the federal emergency management agency pursuant to 42 United States Code chapter 50. 2. Military airports and ancillary military facilities as defined in section 28-8461 or as disclosed pursuant to section 28-8484 or 32-2113. 3. Military training routes as shown in the map produced pursuant to section 37-102 and military restricted airspace as shown in the map produced pursuant to section 37-102. 4. Public and private airports that are approved by the federal aviation administration. 5. Expansive soils as shown on maps issued by the natural resource conservation service or on other officially adopted and readily available governmental maps. 6. Fissures as shown on earth fissure maps issued by the Arizona geological survey pursuant to section 27-106, subsection A, paragraph 3. 7. Special tax assessment areas or taxing authority and amount of special assessments in addition to ad valorem taxes as shown in the current tax records of the applicable county assessor. 8. Radon gas potential zones as shown on current maps issued by the United States environmental protection agency. 9. Environmental hazard superfund sites including the sites listed in the Arizona superfund program list and the water quality assurance revolving fund registry, or listed by the United States environmental protection agency including the national priorities list, the comprehensive environmental response compensation and liability information system database or on maps issued by the department of environmental quality or equivalent databases of those sites. 10. Any other condition that affects the real property that the buyer or seller authorizes and the third-party provider agrees to provide in a third-party provider disclosure report. B. For any third-party provider of information as prescribed by this section, the following apply: 1. A seller or buyer shall not be required to provide the written disclosure provided by this section to an insurance company, a lender or a governmental agency. 2. The third-party provider shall carry errors and omissions insurance coverage with limits of at least one million dollars per occurrence and in an aggregate of at least ten million dollars. A person who violates this paragraph is guilty of a class 1 misdemeanor. C. If an action is brought as a result of an error, inaccuracy or omission in the disclosure made only by a third-party provider who provides information pursuant to subsection A of this section, the third-party provider shall provide a defense against the action, shall indemnify the buyer or seller who authorized the disclosure report and persons licensed pursuant to title 32, chapter 20 who represent the buyer or seller for any judgment rendered and shall reimburse reasonable attorney fees and costs incurred in defending the action, unless the buyer, seller or agent for the buyer or seller had knowledge of the error, inaccuracy or omission or the buyer, seller or agent for the buyer or seller modified the disclosure and the modification resulted in the error, inaccuracy or omission. This section does not prohibit a third-party provider of information from agreeing by contract that the third-party provider shall indemnify a person to a greater extent than is required by this section. D. If information that is disclosed pursuant to this section is subsequently rendered inaccurate as a result of any governmental action, map revision, changed information or other act or occurrence after the delivery of the disclosure, no person is liable for the information that was disclosed unless the person had knowledge of the error, inaccuracy or omission. E. This section shall not be construed to create a cause of action for the use of maps or other information pursuant to this section. This section does not apply to the sale of real property by any person pursuant to section 32-2183 or section 32-2195.03, or any affiliate of that person. F. This section does not obligate any person to provide or purchase a disclosure report that is the subject of this section. G. The listing of a condition in subsection A of this section or in a third-party provider disclosure report does not by itself make that condition material or immaterial to a particular real estate transaction. The materiality of any disclosure is governed as otherwise provided by law. 33-424. Representation of legal requirement; enforcement; private action; damages; violation; classification A. It is unlawful for a third party provider offering a disclosure report pursuant to section 33-423 to represent in marketing materials, contracts or by any other means any of the following: 1. That such a disclosure report is required by any law to be purchased. 2. That a buyer, a seller or a person licensed pursuant to title 32, chapter 20 who represents a buyer or seller is required to comply with section 33-423 by purchasing a third party disclosure report. 3. That the third party provider offers protection from liability for or provides information about property conditions that are not the subject of the third party provider report or that are not within the current ability of the third party provider to provide. B. An act or practice in violation of this section or section 33-423, subsection B, paragraph 2 is subject to enforcement through private action and prosecution by the attorney general or by the county attorney of the county in which the real property is located. C. A person who receives marketing materials, contracts or other communication in violation of this section may bring an action pursuant to this section in any court of competent jurisdiction in the county in which the real property is located. D. In addition to any other remedies provided by law, a third party provider who offers a disclosure report pursuant to section 33-423 and who is found to have violated this section is liable to the party receiving the marketing materials, contracts or other communication for damages of not more than two thousand dollars per occurrence. In any action brought pursuant to this section the prevailing party shall be awarded reasonable attorney fees and costs. E. A person who violates subsection A of this section is guilty of a class 1 misdemeanor. 33-431. Grants and devises to two or more persons; estates in common; community property with right of survivorship; joint tenants with right of survivorship A. Except as otherwise provided in this section, all grants and devises of real property made to two or more persons create estates in common and not in joint tenancy, except grants or devises in trust, or to executors, or to husband and wife. B. A grant or devise to two or more persons may by express words vest the estate in the survivor on the death of a grantee or devisee when expressly declared in the grant, transfer or devise to be a joint tenancy with right of survivorship. An estate in joint tenancy with right of survivorship may also be created by grant or transfer from a sole owner to himself and others, or from two or more owners to themselves or to one or more of them and others. C. A grant or devise to a husband and wife may by express words vest the estate in the surviving spouse on the death of one of the spouses when expressly declared in the grant, transfer or devise to be an estate in community property with right of survivorship. An estate in community property with right of survivorship may also be created by grant or transfer from a husband and wife, when holding title as community property or otherwise, to themselves or from either husband or wife to both husband and wife. D. In the case of real property owned by a husband and wife as community property with right of survivorship, the right of survivorship is extinguished as provided in section 14-2804 or on the recordation in the office of the recorder of the county or counties where the real property is located an affidavit entitled "affidavit terminating right of survivorship" executed by either spouse under oath that sets forth a stated intent by the spouse to terminate the survivorship right, a description of the instrument by which the right of survivorship was created including the date the instrument was recorded and the county recorder's book and page or instrument reference number and the legal description of the real property affected by the affidavit. The recordation shall not extinguish the community interest of either spouse. E. In the case of real property owned as joint tenants with right of survivorship, the right of survivorship is extinguished as provided in section 14-2804 or on the recordation in the office of the recorder of the county or counties where the real property is located an affidavit entitled "affidavit terminating right of survivorship" executed by any joint tenant under oath that sets forth a stated intent by that joint tenant to terminate the survivorship right, a description of the instrument by which the right of survivorship was created including the date the instrument was recorded and the county recorder's book and page or instrument reference number and the legal description of the real property affected by the affidavit. If there are more than two joint tenants, the recordation of the affidavit shall extinguish only the joint tenancy and survivorship right of the person who executes the affidavit, and the joint tenancy and survivorship right shall continue among all remaining joint tenants who have not executed an affidavit of termination. F. With respect to a deceased joint tenant, the termination or extinguishment by death of that tenant's joint tenancy with right of survivorship may be evidenced by the recordation of both of the following items in the office of the recorder of the county or counties where the real property is located: 1. An affidavit executed by one or more of the surviving joint tenants that includes the name of the deceased joint tenant, the date of death of the deceased joint tenant, a description of the instrument by which the right of survivorship was created including the date the instrument was recorded and the county recorder's book and page or instrument reference number, the legal description of the real property affected by the affidavit, and the cause of death of the deceased joint tenant. 2. An attached death certificate of the deceased joint tenant. 33-432. Presumption of intention to convey fee A. Every estate in lands granted, conveyed or devised, although other words necessary at common law to transfer an estate in fee simple are not added, shall be deemed a fee simple if a lesser estate is not limited by express words or does not appear to have been granted, conveyed or devised by construction or operation of law. B. In this chapter, unless the context otherwise requires, "land" means and includes mines and mining claims. 33-433. Effect of alienation purporting to pass greater right than possessed by person making alienation Alienations of real property, made by any person purporting to pass or assure a greater right or estate than such person may lawfully pass or assure, shall operate as alienations of as much of the right and estate in the lands, tenements or hereditaments as the person might lawfully convey, but such alienations shall not pass or bar the residue of the right or estate purporting to be conveyed or assured. 33-434. Covenants between purchaser and seller No person shall be obliged to insert the covenant of warranty, or restrained from inserting any clause in a conveyance which is deemed proper and advisable by the purchaser and seller, and forms not contravening laws of the land shall not be invalidated. 33-434.01. Seller's duty to disclose; soil remediation; definition A. An owner of property that has been subject to soil remediation conducted pursuant to section 49-104, subsection B, paragraph 16 shall, prior to transferring ownership of the property, give written notice of the remediation to the purchaser, if the owner has actual knowledge that the property has been subject to soil remediation. Written notice is not required where soil remediation attains standards for residential uses in accordance with rules adopted pursuant to section 49-104, subsection B, paragraph 16. B. Actions brought under this section for failure of the seller to provide such written notice to the purchaser shall proceed as other civil actions. C. For the purposes of this section, the term "residential use" means those uses of remediated property upon which there are dwellings where residents may reasonably be expected to be in frequent, repeated contact with soil, or other uses where natural persons are reasonably expected to be in similar contact, such as child care centers and elementary schools. 33-435. Covenants implied from word "grant" or "convey" A. If the word "grant" or the word "convey" is used in a conveyance by which an estate of inheritance or fee simple is to be passed, the following covenants and none other, on the part of the grantor for himself and his heirs, to the grantee and his heirs and assigns, are implied unless restrained by express terms contained in the conveyance: 1. That previous to the time of execution of the conveyance the grantor has not conveyed the same estate or any right, title or interest therein, to any person other than the grantee. 2. That the estate is at the time of execution of the conveyance free from encumbrances. B. As used in this section, the term "encumbrances" includes taxes, assessments and all liens on real property. C. The implied covenants may be sued upon in the same manner as if they had been expressly inserted in the conveyance. 33-436. Effect of insubstantial conditions in conveyance When a condition annexed to a grant or conveyance of land is merely nominal and without actual and substantial benefit to the party to whom or in whose favor it is to be performed, it may be wholly disregarded, and a failure to perform the condition shall not forfeit the lands conveyed subject thereto. 33-437. Defective conveyance as contract to convey When an instrument in writing, intended as a conveyance of real property or some interest therein, fails wholly or in part to take effect as a conveyance by virtue of the provisions of this chapter, it is valid nevertheless and effectual as a contract upon which a conveyance may be enforced, as far as rules of law permit. 33-438. Sale of property subject to certain liens and encumbrances A. As used in this section, "lien or encumbrance" does not include taxes or assessments, reservations in patents, easements, rights-of-way, reservation of mineral rights, covenants, conditions or restrictions. B. The sale of any lot or parcel of property which is subject to a lien or encumbrance or when the interest of the seller is held under option or contract of purchase or in trust, shall be voidable by the buyer, unless there is a provision in the instrument evidencing the lien, encumbrance, option, contract or trust agreement, or in a valid supplementary agreement, assuring that the buyer will receive title free of the lien, encumbrance, option, contract or trust agreement, upon completion of all payments and performances of all the terms and provisions required to be made or performed by the buyer. C. The buyer's right to void such sale may not be exercised if he has in fact received title, free of such lien, encumbrance, option, contract or trust. Any action to void such sale shall be commenced either within two years after discovery or after completion of all payments and performance of all terms and provisions required to be made or performed by the buyer, whichever occurs first, and not thereafter. D. The buyer's right to void such sale shall be in addition to and shall not affect any other legal or equitable remedy. 33-439. Restrictions on installation or use of solar energy devices invalid; exception A. Any covenant, restriction or condition contained in any deed, contract, security agreement or other instrument affecting the transfer or sale of, or any interest in, real property which effectively prohibits the installation or use of a solar energy device as defined in section 44-1761 is void and unenforceable. B. A deed, contract, security agreement or other instrument affecting the transfer or sale of, or any interest in, real property entered into before April 17, 1980 shall not be subject to the provisions of this section. 33-440. Enforceability of private covenants; amendment of declaration; definitions A. An owner of real property may enter into a private covenant regarding that real property and the private covenant is valid and enforceable according to its terms if all of the following apply: 1. The private covenant is not prohibited by any other existing private covenant or declaration affecting the real property and does not violate any statute governing the subject matter of the private covenant that is in effect before September 26, 2008. 2. The owner of the real property affected by the private covenant and any person on whom the private covenant imposes any liability or obligation have consented to the private covenant. 3. Any consent requirements contained in the express provisions of any existing private covenant or declaration affecting the real property have been met. B. A private covenant is deemed not to constitute an amendment to any existing private covenant or declaration unless the private covenant expressly violates an express provision of the existing private covenant or declaration. C. Except during the period of declarant control, or if during the period of declarant control with the written consent of the declarant in each instance, the following apply to an amendment to a declaration: 1. The declaration may be amended by the association, if any, or, if there is no association or board, the owners of the property that is subject to the declaration, by an affirmative vote or written consent of the number of owners or eligible voters specified in the declaration, including the assent of any individuals or entities that are specified in the declaration. 2. An amendment to a declaration may apply to fewer than all of the lots or less than all of the property that is bound by the declaration and an amendment is deemed to conform to the general design and plan of the community, if both of the following apply: (a) The amendment receives the affirmative vote or written consent of the number of owners or eligible voters specified in the declaration, including the assent of any individuals or entities that are specified in the declaration. (b) The amendment receives the affirmative vote or written consent of all of the owners of the lots or property to which the amendment applies. 3. Within thirty days after the adoption of any amendment pursuant to this subsection, the association or, if there is no association or board, a property owner that is authorized by the affirmative vote on or the written consent to the amendment shall prepare, execute and record a written instrument setting forth the amendment. 4. Notwithstanding any provision in the declaration that provides for periodic renewal of the declaration, an amendment to the declaration is effective immediately on recordation of the instrument in the county in which the property is located. D. Subsection C of this section does not apply to a condominium as defined in section 33-1202 or a timeshare plan or association as defined in section 33-2202. E. For the purpo