Is the home in an HOA, condo, or co-op? (selling in Arizona)

HOA / condo resale disclosure. Planned Communities Act A.R.S. § 33-1806; Condominium Act A.R.S. § 33-1260. For communities under 50 units the member (seller) furnishes; for 50+ units the association furnishes — in either case within 10 days after receipt of written notice of a pending sale containing the buyer's name and address. Contents: bylaws, rules, declaration, dated statement of assessments and unpaid amounts, insurance, reserves, litigation, operating budget, financial report, reserve study. Fee caps (identical in both statutes): aggregate $400 for resale disclosure / lien estoppel / transfer services; $100 rush fee if performed within 72 hours; $50 update fee if 30+ days have passed since the original. Fees are collected no earlier than close of escrow; civil penalty up to $1,200 for an overcharge. This is a compilation of published state requirements, not legal advice, and no lawyer has reviewed it or your sale. Laws and forms change, counties and cities add their own rules, and whether any of this applies to you depends on facts we don't know. Treat every item as a starting point for a question, not as an answer. Confirm anything you plan to rely on against the official source we link, and run your list past a title company or an attorney licensed in your state.

Are you married? (selling in Arizona)

Marital status / spousal signature (Arizona's headline issue). A.R.S. § 25-214(C)(1) and § 33-452 require both spouses to execute and acknowledge the deed if the property is community property, even if only one spouse is on title. Presumption: property acquired during marriage is community (§ 25-211). Cure or structuring: a disclaimer deed converts to sole-and-separate; separate property (§ 25-213) needs only the owner-spouse (§ 33-451). This is a compilation of published state requirements, not legal advice, and no lawyer has reviewed it or your sale. Laws and forms change, counties and cities add their own rules, and whether any of this applies to you depends on facts we don't know. Treat every item as a starting point for a question, not as an answer. Confirm anything you plan to rely on against the official source we link, and run your list past a title company or an attorney licensed in your state.

Selling a house in Arizona: the paperwork

Every document an Arizona sale commonly touches, who usually produces it, and the law behind it. In most sales the seller's own share is small, and this page shows you which part that usually is.

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16 documents · 16 questions · about a 13 minute read · free, and we don't ask for your email

5documents are usually the seller's

out of 16 in an Arizona sale

Tell us about your sale

Answer what you know. Skip what you don't. Every answer takes something off your list or explains why it stays on.

The home

Was the home built before 1978?

Older homes carry a federal lead paint disclosure. It's the same in every state.

Is the home in an HOA, condo, or co-op?

The association has to produce a package, and they can take weeks. Worth knowing early.

Is there a well or septic system?

Private water and sewer get their own questions, and sometimes their own inspection.

Is the home on the water, or in a flood zone?

Waterfront and floodplain homes pick up extra disclosures in most states.

Are there solar panels?

Owned panels transfer with a warranty. Leased ones need the lease company's sign-off.

Is it a manufactured or mobile home?

These can still hold a vehicle title, which has to be retired before the land can transfer.

You and the title

Are you married?

Some states need a spouse's signature even when they're not on the title. Many don't.

Is the home owned by a trust, LLC, or company?

An entity needs paperwork showing who's allowed to sign for it.

Did you inherit the home, or is it in probate?

How the home came to you decides which deed you can sign.

Does anyone rent or live in the home besides you?

A lease and its deposit transfer with the sale, and the tenant has to be told.

Do you file U.S. taxes as a citizen or resident?

If you don't, the buyer has to hold back part of the price and send it to the IRS.

Will you be at the closing yourself?

Signing from a distance takes a power of attorney, and it has to be arranged early.

Its history

Have you claimed on your home insurance in the last five years?

Past claims show up on a report the buyer's insurer can pull. Better it comes from you.

Is there work on the house that was never permitted, or a permit still open?

An open permit can stop a closing. Closing one out takes time you'll want in hand.

Are there special assessments or a PACE loan on the property?

These ride with the property or get paid off at closing, and buyers ask about them.

Are the mineral, oil, or gas rights separate from the land?

In some states these are sold off separately, and the deed has to say so.

Usually the seller's to produce

In most sales nobody else prepares these. Whether each one applies to you depends on your home, your title, and your buyer.

AAR Residential Resale Purchase ContractIn the purchase agreement itself
SPDS (AAR practice)Pre-listing packet
Affidavit of Disclosure (§ 33-422)Recorded with deed
Federal lead paint disclosure (pre-1978)Attached to PSAOn your list because was the home built before 1978
Disclaimer deed (spousal, when applicable)Recorded with or before deedOn your list because are you married

Usually drafted for you to sign

These commonly arrive already written. Read them, and ask about anything that looks wrong before you sign.

FIRPTA non-foreign affidavitClosing packet
HOA / condo resale disclosure packageHOA resale packageOn your list because is the home in an hoa, condo, or co-op

Usually somebody else's to prepare

Commonly handled by a title company, an attorney, a lender, or the county. Listed so none of them is a surprise.

Warranty or special warranty deedClosing packet / Recorded post-close
Escrow instructionsClosing packet
Settlement statement (ALTA)Closing packet
Payoff statement(s)Closing packet
Title commitment / policyClosing packet
1099-SFiled post-close
Wire-fraud advisoryPre-listing / Closing packet
Deed of trust (buyer's loan)Recorded post-closeOn your list because is the home owned by a trust, llc, or company
Deed of release and reconveyanceRecorded post-close

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How Arizona generally runs a sale

The broad shape of a sale there, as the research found it. Counties and cities add their own rules on top of all of this.

Closing model — Escrow / title-companyArizona real estate licensees may complete standard AAR forms without engaging in the unauthorized practice of law — a right rooted in the 1962 "Conveyancing Amendment" and reflected in the...

Community propertyA.R.S. Title 25, Ch. 3. § 25-211 — all property acquired during marriage is community property (exceptions: gift, devise, or descent; post-petition acquisitions).

Practical effectEven if only one spouse appears on title, community-property status means both must sign and acknowledge the deed.

HomesteadA.R.S. § 33-1101 et seq. Proposition 209 (the "Predatory Debt Collection Protection Act," approved Nov. 8, 2022, effective Dec.

Standard deed typeWarranty deed or special warranty deed are both common. Quitclaim for non-sale transfers.

Disclosure regimeNo state-statutory condition-disclosure form is mandated. Custom is the SPDS (Seller's Property Disclosure Statement), an Arizona Association of Realtors (AAR) member-only form — well-establ...

Transfer tax — NONEArizona Constitution art. IX, § 24 (Proposition 100, "Protect Our Homes Act," approved Nov. 4, 2008, effective 2009) prohibits the state or any political subdivision from imposing "any new t...

RON status — AuthorizedA.R.S. § 41-371 et seq. (SB 1030, 2019), effective July 1, 2020 (accelerated in practice by Executive Order 2020-26 on April 8, 2020). Administrative detail at A.A.C. R2-12-1308;

Recording actRace-notice. A.R.S. §§ 33-411, 33-412.

Recording officeCounty Recorder in each of Arizona's 15 counties.

Local overlaysSalt River Project (SRP) and Central Arizona Project (CAP) water districts; Central Arizona Groundwater Replenishment District (CAGRD); Community Facilities Districts (CFDs);

Other things Arizona asks about

These come up in Arizona and almost nowhere else. We don't ask them above because we can't answer them for you yet, but they're worth raising with your title company.

SRP or CAP water district?
Rural, unincorporated 5-lot-or-less unsubdivided parcel (§ 33-422 trigger)?
Property inside CAGRD?
Termite / wood-destroying-organism (WDO) report ordered?
Golf-course community assessments or membership transfer?
Assured Water Supply / Certificate of Assured Water Supply required?

Before you rely on any of this

This is a compilation of published state requirements, not legal advice, and no lawyer has reviewed it or your sale. Laws and forms change, counties and cities add their own rules, and whether any of this applies to you depends on facts we don't know. Treat every item as a starting point for a question, not as an answer. Confirm anything you plan to rely on against the official source we link, and run your list past a title company or an attorney licensed in your state.

These counts describe a typical sale, not yours. Which documents you need turns on facts about your home, your title, your buyer, and your county, and one unusual answer can add several or remove them.

Who prepares each document is what usually happens, not a rule. Practice differs between states, between counties, and between one title company and the next, and your contract can move work from one side to the other.

Keighbor is not a real estate brokerage and does not represent you. Nobody here is your agent. We don't negotiate, set your price, recommend a course of action, or take a commission. We provide software that helps you organize your side of the sale.

The full Arizona reference

The rest of the research, with every citation kept. This is the same material our own product is built on, and nothing is held back for paying customers. It describes the law as the research found it, not as it applies to your sale.

ALWAYS-required documents (every transaction)

PSA. AAR Residential Resale Real Estate Purchase Contract (member form). FSBO sellers use an attorney-drafted or generic contract satisfying the Statute of Frauds. [SELLER] / [BUYER].
Deed (warranty or special warranty). Notarized; recorded with the County Recorder. Community property requires both spouses' signatures and acknowledgments (§ 33-452). [TITLE/ESCROW]-prepared in practice.
Federal lead paint disclosure (pre-1978 target housing): verbatim Lead Warning Statement, disclosure of known hazards, records list, EPA pamphlet, 10-day inspection opportunity, signatures. [SELLER]; attached to PSA.
FIRPTA affidavit. Non-foreign-seller affidavit under IRC § 1445; 15% withholding on a foreign seller's amount realized unless exempt. [SELLER] / [TITLE/ESCROW].
1099-S. IRC § 6045(e); the closing/settlement agent is the reporting person.
Wire-fraud advisory. Industry standard; [TITLE/ESCROW]-delivered at escrow open.
Payoff statements. Ordered by escrow from each lienholder.
Settlement statement. ALTA settlement statement; Closing Disclosure for TRID-covered loans.
Escrow instructions. Signed by both parties.
SPDS. Not statutory but expected practice.

SOMETIMES-required documents (trigger-gated)

Marital status / spousal signature (Arizona's headline issue). A.R.S. § 25-214(C)(1) and § 33-452 require both spouses to execute and acknowledge the deed if the property is community property, even if only one spouse is on title. Presumption: property acquired during marriage is community (§ 25-211). Cure or structuring: a disclaimer deed converts to sole-and-separate; separate property (§ 25-213) needs only the owner-spouse (§ 33-451).
Property held in trust. Certification of trust, A.R.S. § 14-11013; trustee's deed.
LLC / corp. Authorizing resolution plus certificate of good standing (Arizona Corporation Commission).
Power of attorney. Durable POA (A.R.S. § 14-5501); must be recorded to support a recorded conveyance.
Foreign seller. FIRPTA only — Arizona has no state nonresident real estate withholding.
Inherited / probate. Personal representative's deed plus letters; small-estate affidavit for real property under A.R.S. § 14-3971 (real-property equity threshold; 6-month wait).
HOA / condo resale disclosure. Planned Communities Act A.R.S. § 33-1806; Condominium Act A.R.S. § 33-1260. For communities under 50 units the member (seller) furnishes; for 50+ units the association furnishes — in either case within 10 days after receipt of written notice of a pending sale containing the buyer's name and address. Contents: bylaws, rules, declaration, dated statement of assessments and unpaid amounts, insurance, reserves, litigation, operating budget, financial report, reserve study. Fee caps (identical in both statutes): aggregate $400 for resale disclosure / lien estoppel / transfer services; $100 rush fee if performed within 72 hours; $50 update fee if 30+ days have passed since the original. Fees are collected no earlier than close of escrow; civil penalty up to $1,200 for an overcharge.
Well and septic. Wells registered with Arizona Department of Water Resources (ADWR); septic / on-site wastewater transfer inspection through ADEQ and county health (transfer-of-ownership inspection required).
Tenant-occupied. Arizona Residential Landlord and Tenant Act (A.R.S. Title 33, Ch. 10); security-deposit transfer.
Solar panels (heavy AZ market). Owned systems — run a UCC-1 fixture-filing / lien search; any financing lien must be cleared or subordinated. Leased or PPA systems — lease assignment plus estoppel; buyer credit qualification.
CLUE / recent insurance claims. Ordered from insurer via LexisNexis (voluntary).
Open building permits. County or city permit search.
Waterfront. Colorado River frontage (Mohave / La Paz counties) — ADWR and reclamation considerations.
Historic district. Local municipal historic overlays; certificate of appropriateness.
Mineral / oil-gas rights. A.R.S. § 27-501 et seq.; severance history in some counties.
Manufactured / mobile home. Affidavit of affixation (A.R.S. § 33-1501 / § 42-15203 title-deactivation process).
Special assessments. Community Facilities Districts (CFDs).
Affidavit of Disclosure (§ 33-422). Unincorporated 5-lot-or-less unsubdivided land — see § 6.

Prescribed-language items (substance-over-form)

A.R.S. § 33-422(F): the Affidavit of Disclosure must "follow substantially the following form" — statutorily enumerated content on legal access (as defined in A.R.S. § 11-831), physical access and whether traversable by a two-wheel-drive vehicle, road maintenance / public vs. private, water supply and whether water must be hauled, wastewater / septic, floodplain, and more. Written in 12-point type (§ 33-422(B)). A non-Realtor seller obtains the substantially-conforming template directly from the statute; the SPDS does not substitute for it.
A.R.S. § 32-2185.05: delivery of the subdivision public report to buyers of lots in new subdivisions.
Federal lead paint verbatim Lead Warning Statement (24 CFR § 35.92) for pre-1978 housing.

Bottom line: Arizona has no state-mandated verbatim PSA disclosure language of the NC Chapter 47E or SC Chapter 27-50 variety, but the § 33-422 Affidavit is a hard statutory content requirement for the unincorporated-land trigger.

Local / municipal overlays

Maricopa County (Phoenix) and Pima County (Tucson) recorder formatting and e-recording quirks.
CAGRD enrollment fees for certain subdivisions in AMAs.
Community Facilities Districts (special districts financing infrastructure) — assessment disclosure.
Assured Water Supply documentation requirements inside AMAs.

Notable examples only; not exhaustive.

Post-closing obligations

Recording. Deed with the County Recorder (no transfer tax, no state Declaration of Value among Arizona's filings). Immediate recording protects against later BFPs under the race-notice statute.
Mortgage discharge. Arizona uses deeds of trust — mechanism is a deed of release and reconveyance (A.R.S. § 33-707), not a mortgage satisfaction.
1099-S. Filed by the closing agent.
Capital gains / Arizona income tax. Capital gains are taxed as ordinary income at the flat 2.5% rate (effective tax year 2023).

Federal overlays (cross-reference)

Cross-reference master methodology § 8 (FIRPTA; 1099-S; federal lead paint; wire-fraud advisory; FinCEN Residential Real Estate Rule and its 2026 vacatur — see § 10).

Recent changes flagged (2023–2026)

Prop 209 (2022): homestead to $400,000 base; CPI-indexed to $437,600 for 2026. SB 1540 (2025, Ch. 111) re-codified and expanded the homestead definition to include mobile / manufactured / park-model homes plus land.
Notary competency exam mandatory since July 1, 2025 (A.R.S. § 41-270).
FinCEN Residential Real Estate Rule (31 CFR § 1031.320). Effective March 1, 2026; vacated nationwide March 19, 2026 in Flowers Title Companies, LLC v. Bessent, No. 6:25-cv-127-JDK (E.D. Tex.); reports not currently required pending appeal.

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