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Home Disclosures

Posted by attorney Steven Rensch

After you put an offer on your perfect Arizona home it is then time to put in the work to make sure you are not buying a problem house. The first thing the home buyer should do in this process is examine all of the disclosures you receive. As required by law, when purchasing a home in Arizona, the home buyer will receive disclosures that describe the condition of the property. A buyer should examine these documents completely to help them understand the condition of the home and identify any problems that would make them rethink buying the home. The buyer should then validate all of the information provided and have a home inspection completed before completing the sale. The more work a home buyer does before the closing on a home the fewer problems they are likely to encounter in the future.

The following are some of the important documents a perspective buyer will receive:

Seller's Property Disclosure Statement

  • The seller of the home is required to disclose "known" defects in the property. It is important to remember that a real estate agent is not required to verify this information, so buyers should have each disclosure be independently verified.

Subdivision Disclosure Report

  • If you are buying a new home in a subdivision you will receive a Arizona Department of Real Estate Disclosure Report . This document will reveal draining and flooding issues along with information about neighboring property, utility providers, property taxes, and the homeowners association.

Condominium and Planned Community Disclosure

  • You should receive this disclosure if you are buying a home in a condominium complex or planned community. The disclosure should be received within 10 days of giving notice of a pending sale of a property. The information you will obtain is the association's bylaws and rules, copy of the declaration, any assessments, and finally any insurance, financial , and contact information of the association.

Airport Disclosure

  • A seller is required to disclose if his property is within the vicinity of a military or public airport.

Lead-Based Paint Disclosure

  • If the house you want to buy was built before 1978 you are required to be provided a federal lead-based paint disclosure.

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