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Residential Seller Advisory
When in doubt – disclose!
Sellers are obligated by law to disclose all known material wood destroying organisms on the property, and whether
(important) facts about the property to the buyer. Arizona scorpions or other possible "pests" have ever been present
law requires that you disclose material facts about the property on the property. Although many sellers will answer
whether or not you are asked by the buyer or a real estate affirmatively to these questions, they were necessitated by
agent, or when asked to complete a disclosure form. There are lawsuits involving the alleged non-disclosure of these
also some very specific seller disclosures that you are required natural inhabitants.
by statute to make. For example, sellers are required to
disclose information on lead based paint in homes built prior to 3) Utilities: You are asked whether the property currently
1978, and if the property is in the vicinity of a military or public receives the listed utilities, and if so, to identify the provider.
airport. You may also be required to complete and record an The water source and any known information about drinking
affidavit of disclosure if you are selling property in an water problems should also be disclosed.
unincorporated area of a county.
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4) Environmental Information: A variety of environmental
information is requested. In addition to questions regarding
If the buyer asks you about an aspect of the property, you have environmental hazards, you are asked to disclose any
a duty to disclose the information, regardless of whether or not issues relating to soil settlement/expansion, drainagegrade,
you consider the information material. You also have a legal or erosion; noise from the surrounding area including airport
duty to disclose facts when disclosure is necessary to prevent a and traffic noise; and any odors or other nuisances. As a
previous statement from being misleading or misrepresented: result of recent lawsuits and potential health concerns, you
for example, if something changes. However, a seller does not
PL
generally have a legal obligation to correct defects in the
property, as long as the defects are disclosed. Any correction of
the defects is a matter of contract negotiation between you and
the buyer.
If you do not make the legally required disclosures, you may be
subject to civil liability. Under certain circumstances,
nondisclosure of a fact is the same as saying that the fact does
not exist. Therefore, nondisclosure may be given the same
legal effect as fraud.
The Arizona Association of REALTORS® Seller's Property
are asked specifically if you are aware of any past or
present mold growth on the property. Mold spores are
everywhere and when mold spores drop in places where
there is water damage or excessive moisture, or where
there has been flooding, mold will grow. Thus, you are
asked to disclose any conditions conducive to mold growth,
such as past or present dampness/moisture, flooding, and
water damage or water leaks of any kind.
5) Sewer/Wastewater Treatment: There are many questions
dealing with the topic of sewer or wastewater treatment as a
result of claims involving alleged misrepresentations that
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Disclosure Statement ("SPDS") is designed to assist you in the property was connected to a sewer, when in fact it was
making these legally required disclosures and to avoid not. You are asked if the entire property is connected to a
inadvertent nondisclosures of material facts. sewer and if so, whether the sewer connection has been
professionally verified. If the property is served by an
You should complete the SPDS by answering all questions as on-site wastewater treatment facility, i.e., a septic or
truthfully and as thoroughly as possible. Attach copies of any alternative wastewater system, a variety of additional
available invoices, warranties, inspection reports, and leases, information is required.
to insure that you are disclosing accurate information. Also, use 6) Other Conditions and Factors–Additional Explanations:
the blank lines to explain your answers. If you do not have the
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These blank lines provide space for you to disclose any
personal knowledge to answer a question, it is important not to other important information concerning the property that
guess — use the blank lines to explain the situation. might affect the buyer's decision-making process, the value
of the property, or its use, and to make any other necessary
The SPDS is divided into six general sections: explanations.
1) Ownership and Property: This section asks for general Please note: By law, sellers are not obligated to disclose that
information about the property, such as location, ownership the property is or has been: (1) the site of a natural death,
and occupancy. Any seller, whether or not that seller has suicide, homicide, or any other crime classified as a felony; (2)
actually lived in the property, should be able to answer owned or occupied by a person exposed to HIV, or diagnosed
most, if not all, of the questions in this section. as having AIDS or any other disease not known to be
transmitted through common occupancy of real estate; or (3)
2) Building and Safety Information: This section asks for located in the vicinity of a sex offender. However, the law does
information regarding the physical aspects of the property. not protect a seller who makes an intentional
You should disclose any past or present problems with the misrepresentation. For example, if you are asked whether there
property and any work or improvements made to the has been a death on the property and you know that there was
property. You are also asked specifically to disclose any such a death, you should not answer "no" or "I don't know";
knowledge of past or current presence of termites or other instead you should either answer truthfully or respond that you
are not legally required to answer the question.
SA 02/08
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PAGE 1
RESIDENTIAL SELLER’S PROPERTY R
DISCLOSURE STATEMENT (SPDS)
(TO BE COMPLETED BY SELLER)
The printed portion of this FORM has been approved by the Arizona Association of Realtors®. This is NOT intended to be a binding contract.
MESSAGE TO THE SELLER:
Sellers are obligated by law to disclose all known material (important) facts about the Property to the Buyer. The SPDS is designed to assist
you in making these disclosures. If you know something important about the Property that is not addressed on the SPDS, add that information
to the form. Prospective Buyers may rely on the information you provide.
-27869'8-327 (1) Complete this form yourself. (2) Answer all questions truthfully and as fully as possible. (3) Attach all available supporting
documentation. (4) Use explanation lines as necessary. (5) If you do not have the personal knowledge to answer a question, use the explanation
lines to explain. By signing below you acknowledge that the failure to disclose known material information about the Property may result in liability.
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MESSAGE TO THE BUYER:
Although Sellers are obligated to disclose all known material (important) facts about the Property, there are likely facts about the Property
that the Sellers do not know. Therefore, it is important that you take an active role in obtaining information about the Property.
-27869'8-327 (1) Review this form and any attachments carefully. (2) Verify all important information. (3) Ask about any incomplete or
inadequate responses. (4) Inquire about any concerns not addressed on the SPDS. (5) Review all other applicable documents, such as
CC&R's, association bylaws, rules, and the title report or commitment. (6) Obtain professional inspections of the Property.
(7) Investigate the surrounding area.
8,) *3003;-2+ %6) 6)46)7)28%8-327 3* 8,) 7)00)6 7
%2( %6) 238 :)6-*-)( &= 8,) &63/)6 7
36 %+)28 7
1. As used herein, ''Property'' shall mean the real property and all fixtures and improvements thereon and appurtenances incidental there-
2. to, plus fixtures and personal property described in the Contract.
3. 4634)68= %((6)77 7EQTPI *SVQ 3RP]
4.
5.
PL
OWNERSHIP AND PROPERTY
(STREET ADDRESS)
Is the Property located in an unincorporated area of the county?
(CITY)
Yes No -J ]IW ERH JMZI SV JI[IV TEVGIPW SJ PERH SXLIV XLER WYFHMZMHIH
PERH EVI FIMRK XVERWJIVVIH XLI 7IPPIV QYWX JYVRMWL XLI &Y]IV [MXL E [VMXXIR %JJMHEZMX SJ (MWGPSWYVI MR XLI JSVQ VIUYMVIH F] PE[
(STATE) (ZIP)
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6. 0)+%0 3;2)6 7
3* 4634)68= Date Purchased:
7. Is the legal owner(s) of the Property a foreign person or a non-resident alien pursuant to the Foreign Investment in Real Property
8. Tax Act (FIRPTA)? Yes No -J ]IW GSRWYPX E XE\ EHZMWSV QERHEXSV] [MXLLSPHMRK QE] ETTP]
9. Is the property located in a community defined by the fair housing laws as housing for older persons? Yes No
10. Explain:
11. Approximate year built: . -J 4VSTIVX] [EW FYMPX TVMSV XS 7IPPIV QYWX JYVRMWL XLI &Y]IV [MXL E PIEHFEWIH TEMRX HMWGPSWYVI JSVQ
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12. 238-') 83 &9=)6 -* 8,) 4634)68= -7 -2 % 79&(-:-7-32 % 49&0-' 6)4368 ;,-', '328%-27 % :%6-)8= 3* -2*361%8-32
13. %&398 8,) 79&(-:-7-32 %8 8,) 8-1) 8,) 79&(-:-7-32 ;%7 %4463:)( 1%= &) %:%-0%&0) &= '328%'8-2+ 8,) %6->32%
14. ()4%681)28 3* 6)%0 )78%8) 36 8,) ,31)&9-0()6 8,) 49&0-' 6)4368 -2*361%8-32 1%= &) 398(%8)(
15. The Property is currently: Owner-occupied Leased Estate Foreclosure Vacant If vacant, how long?
16. If a rental property, how long? Expiration date of current lease: (Attach a copy of the lease if available.)
17. If any refundable deposits or prepaid rents are being held, by whom and how much? Explain:
18.
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19. Have you entered into any agreement to transfer your interest in the Property in any way, including rental renewals
20. or options to purchase? Explain:
21. Are you aware if there are any association(s) governing this Property?
22. If yes, provide contact(s) information: Name: Phone #:
23. If yes, are there any fees? How much? $ How often?
24. Are you aware of any transfer fees or other fees due upon transfer of the Property? Explain:
25.
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Form SPDS 02/08 BUYER BUYER
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PAGE 2 R
26. Are you aware of any proposed or existing association assessment(s)? Explain:
27.
28. Are you aware of any pending or anticipated disputes or litigation regarding the Property or the association(s)?
29. Explain:
30. Are you aware of any of the following recorded against the Property? (Check all that apply):
31. Judgment liens Tax liens Other non-consensual liens
32. Explain:
33. Are you aware of any assessments affecting this Property? (Check all that apply):
34. Paving Sewer Water Electric Other
35. Explain:
36. Are you aware of any title issues affecting this Property? (Check all that apply):
37. Recorded easements Use restrictions Lot line disputes Encroachments
38. Unrecorded easements Use permits Other
39. Explain:
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40. Are you aware of any public or private use paths or roadways on or across this Property?
41. Explain:
42. Are you aware of any problems with legal or physical access to the Property? Explain:
43. The road/street access to the Property is maintained by the County City Homeowners' Association Privately
44. If privately maintained, is there a recorded road maintenance agreement? Explain:
45. Are you aware of any violation(s) of any of the following? (Check all that apply):
46.
47.
48.
49.
50.
51.
52.
53.
54.
55.
Zoning
Explain:
Explain: PL
Building Codes Utility Service
Covenants, Conditions, Restrictions (CC&R's)
Sanitary health regulations
Other (Attach a copy of notice(s) of violation if available.)
Are you aware of any homeowner's insurance claims having been filed against the Property?
238-') 83 &9=)6 =396 '0%-17 ,-7836= =396 '6)(-8 6)4368 8,) 4634)68= 7 '0%-17 ,-7836=
%2( 38,)6 *%'8367 1%= %**)'8 8,) -2796%&-0-8= 3* 8,) 4634)68= %2( %8 ;,%8 '378 92()6
%6->32% 0%; =396 -2796%2') '314%2= 1%= '%2')0 =396 ,31)3;2)6 7 -2796%2') ;-8,-2
(%=7 %*8)6 8,) )**)'8-:) (%8) '328%'8 =396 -2796%2') '314%2=
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BUILDING AND SAFETY INFORMATION
=)7 23
56. 7869'896%0
57. Are you aware of any past or present roof leaks? Explain:
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58.
59. Are you aware of any other past or present roof problems? Explain:
60.
61. Are you aware of any roof repairs? Explain:
62.
63. Is there a roof warranty? (Attach a copy of warranty if available.)
64. If yes, is the roof warranty transferable? Cost to transfer
65. 238-') 83 &9=)6 '328%'8 % 463*)77-32%0 83 :)6-*= 8,) '32(-8-32 3* 8,) 633*
66. Are you aware of any interior wall/ceiling/door/window/floor problems? Explain:
67.
68. Are you aware of any cracks or settling involving the foundation, exterior walls or slab? Explain:
69.
70. Are you aware of any chimney or fireplace problems, if applicable? Explain:
71.
Initials: /
Form SPDS 02/08 BUYER BUYER
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72. Are you aware of any damage to any structure on the Property by any of the following? (Check all that apply):
73. Flood Fire Wind Expansive soil(s) Water Hail Other
74. Explain:
75. ;33( -2*)78%8-32
76. Are you aware of any of the following:
77. Past presence of termites or other wood destroying organisms on the Property?
78. Current presence of termites or other wood destroying organisms on the Property?
79. Past or present damage to the Property by termites or other wood destroying organisms?
80. Explain:
81.
82. Are you aware of past or present treatment of the Property for termites or other wood destroying organisms?
83. If yes, date last treatment was performed:
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84. Name of treatment provider:
85. Is there a treatment warranty? (Attach a copy of warranty if available.)
86. If yes, is the treatment warranty transferrable?
87. 238-') 83 &9=)6 '328%'8 78%8) 3* %6->32% 7869'896%0 4)78 '328630 '311-77-32
88. *36 4%78 8)61-8) 6)43687 36 86)%81)28 ,-7836=
89.
90.
91.
92.
93.
94.
95.
96.
97.
,)%8-2+
'330-2+
Heating: Type(s)
Cooling: Type(s)
Explain:
4091&-2+
If yes, identify:
PL
Are you aware of any past or present problems with the heating or cooling system(s)?
Are you aware of the type of water pipes, such as galvanized, copper, PVC, CPVC or polybutylene?
Are you aware of any past or present plumbing problems? Explain:
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98.
99. Are you aware of any water pressure problems? Explain:
100. Type of water heater(s): Gas Electric Solar Approx. age(s):
101. Are you aware of any past or present water heater problems? Explain:
102.
103. Is there a landscape watering system? If yes, type: automatic timer manual both
104. If yes, are you aware of any past or present problems with the landscape watering system?
105. Explain:
SA
106. Are there any water treatment systems? (Check all that apply):
107. water filtration reverse osmosis water softener Other
108. Is water treatment system(s) owned leased (Attach a copy of lease if available.)
109. Are you aware of any past or present problems with the water treatment system(s)?
110. Explain:
111. 7;-11-2+ 433074%,38 89&7%92%;%8)6 *)%896)
112. Does the Property contain any of the following? (Check all that apply):
113. Swimming pool Spa Hot tub Sauna Water feature
114. If yes, are either of the following heated? Swimming pool Spa If yes, type of heat:
115. Are you aware of any past or present problems relating to the swimming pool, spa, hot tub, sauna or water feature?
116. Explain:
Initials: /
Form SPDS 02/08 BUYER BUYER
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PAGE 4 R
117. )0)'86-'%0 %2( 38,)6 6)0%8)( 7=78)17
118. Are you aware of any past or present problems with the electrical system? Explain:
119.
120. Is there a security system? If yes, is it (Check all that apply):
121. Leased (Attach copy of lease if available) Owned Monitored Other
122. Are you aware of any past or present problems with the security system? Explain:
123.
124. Does the Property contain any of the following systems or detectors? (Check all that apply):
125. Smoke/fire detection Fire suppression (sprinklers) Carbon monoxide detector
126. If yes, are you aware of any past or present problems with the above systems? Explain:
127.
128. 1-7')00%2)397
129. Are you aware of or have you observed any of the following on the Property? (Check all that apply):
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130. Scorpions Rabid animals Bee swarms Rodents Reptiles Other:
131. Explain:
132. How often is the Property serviced or treated for pests, reptiles, insects or animals?
133. Name of service provider: Date of last service:
134. Are you aware of any work done on the Property, such as building, plumbing, electrical or other improvements?
135. -J RS WOMT XS PMRI
136.
137.
138.
139.
140.
141.
142.
143.
144.
145.
146.
Explain:
PL
Are you aware of any rooms added to the Property or converted to bedrooms?
Were permits for the work required? Explain:
If yes, were permits for the work obtained? Explain:
Was the work performed by a person licensed to perform the work? Explain:
Was approval for the work required by any association governing the property? Explain:
If yes, was approval granted by the association? Explain:
Was the work completed? Explain:
Are there any security bars or other obstructions to door or window openings? Explain:
Are you aware of any past or present problems with any built-in appliances? Explain:
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147. Are there any leased propane tanks, equipment or other systems on the Property? Explain:
148.
UTILITIES
149. (3)7 8,) 4634)68= '966)280= 6)')-:) 8,) *3003;-2+ 7)6:-')7#
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=)7 23 463:-()6
150. Electricity: .....................................................
151. Fuel: Natural gas Propane Oil
152. Cable: ...........................................................
153. Telephone: ...................................................
154. Garbage Collection: .....................................
155. Fire: ..............................................................
156. Irrigation: ......................................................
157. Water Source: Public Private water co. Private well Shared well Hauled water
158. -J [EXIV WSYVGI MW E TVMZEXI SV WLEVIH [IPP GSQTPIXI ERH EXXEGL (31)78-' ;%8)6 ;)00;%8)6 97) %(()2(91
159. If source is public, a private water company, or hauled water, Provider is:
160. 238-') 83 &9=)6 -* 8,) 4634)68= -7 7)6:)( &= % ;)00 46-:%8) ;%8)6 '314%2= 36 %
161. 192-'-4%0 ;%8)6 463:-()6 8,) %6->32% ()4%681)28 3* ;%8)6 6)7396')7 1%= 238 ,%:) 1%()
162. % ;%8)6 79440= ()8)61-2%8-32 *36 136) -2*361%8-32 %&398 ;%8)6 79440=
163. '328%'8 8,) ;%8)6 463:-()6
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Form SPDS 02/08 BUYER BUYER
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164. Are you aware of any past or present drinking water problems? Explain:
165.
166. Are there any alternate power systems serving the Property? If yes, indicate type (Check all that apply):
167. Solar Wind Generator Other
168. If yes, are you aware of any past or present problems with the alternate power system(s)? Explain:
169.
ENVIRONMENTAL INFORMATION
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170. Are you aware of any past or present issues or problems with any of the following on the Property? (Check all that apply):
171. Soil settlement/expansion Drainage/grade Erosion Fissures Dampness/moisture Other
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172. Explain:
173. Are you aware of any past or present issues or problems in close proximity to the Property related to any of
174. the following? (Check all that apply):
175. Soil settlement/expansion Drainage/grade Erosion Fissures Other
176. Explain:
177. 238-') 83 &9=)6 8,) %6->32% ()4%681)28 3* 6)%0 )78%8) 463:-()7 )%68, *-7796) 1%47 83
178.
179.
180.
181.
182.
183.
184.
185.
186.
187.
%8 [[[E^VIKSZ
Airport noise
Odors
Explain:
Explain:
PL
%2= 1)1&)6 3* 8,) 49&0-' -2 46-28)( 36 )0)'8632-' *361%8 9432 6)59)78 %2( 32 -87 ;)& 7-8)
Are you aware if the Property is subject to any present or proposed effects of any of the following? (Check all that apply):
Traffic noise
Nuisances
Rail line noise
Sand/gravel operations
Neighborhood noise
Other
Landfill Toxic waste disposal
Are you aware if the Property is located in the vicinity of an airport (military, public, or private)?
238-') 83 7)00)6 %2( &9=)6 49679%28 83 %6->32% 0%; % 7)00)6 7,%00 463:-() % ;6-88)2
(-7'03796) 83 8,) &9=)6 -* 8,) 4634)68= -7 03'%8)( -2 8)66-836= -2 8,) :-'-2-8= 3* % 1-0-8%6=
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188. %-64368 36 %2'-00%6= 1-0-8%6= *%'-0-8= %7 ()0-2)%8)( 32 % 1%4 46)4%6)( &= 8,) 78%8) 0%2(
189. ()4%681)28 8,) ()4%681)28 3* 6)%0 )78%8) %073 -7 3&0-+%8)( 83 6)'36( % (3'91)28 %8 8,)
190. '3928= 6)'36()6v7 3**-') (-7'037-2+ -* 8,) 4634)68= -7 92()6 6)786-'8)( %-6 74%') %2( 83
191. 1%-28%-2 8,) 78%8) 0%2( ()4%681)28 1-0-8%6= %-64368 1%4 32 -87 ;)&7-8) %8 [[[E^VIKSZ
192. Are you aware of the presence of any of the following on the Property, past or present? (Check all that apply):
193. Asbestos Radon gas Lead-based paint Pesticides Underground storage tanks Fuel/chemical storage
194. Explain:
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195. Are you aware if the Property is located within any of the following? (Check all that apply):
196. Superfund/ WQARF/ CERCLA Wetlands area
197. Are you aware of any open mine shafts/tunnels or abandoned wells on the Property?
198. If yes, describe location:
199. Are you aware if any portion of the Property is in a flood plain/way? Explain:
200.
201. Are you aware of any portion of the Property ever having been flooded? Explain:
202.
203. Are you aware of any water damage or water leaks of any kind on the Property? Explain:
204.
205. Are you aware of any past or present mold growth on the Property? If yes, explain:
206.
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Form SPDS 02/08 BUYER BUYER
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SEWER/WASTEWATER TREATMENT
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207. Is the entire Property connected to a sewer? Explain:
208. If yes, has a professional verified the sewer connection? If yes, how and when:
209. 238-') 83 &9=)6 '328%'8 % 463*)77-32%0 83 '32(9'8 % 7);)6 :)6-*-'%8-32 8)78
210. Type of sewer: Public Private Planned and approved sewer system, but not connected
211. Name of Provider
212. Are you aware of any past or present problems with the sewer? Explain:
213. Is the Property served by an On-Site Wastewater Treatment Facility? -J RS WOMT XS PMRI
214. If yes, the Facility is: Conventional septic system Alternative system; type:
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215. If the Facility is an alternative system, is it currently being serviced under a maintenance contract?
216. If yes, name of contractor: Phone #:
217. Approximate year Facility installed: (Attach copy of permit if available.)
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218. Are you aware of any repairs or alterations made to this Facility since original installation?
219. Explain:
220.
221. Approximate date of last Facility inspection and/or pumping of septic tank:
222. Are you aware of any past or present problems with the Facility? Explain:
223.
224.
225.
226.
227.
228.
229.
PL
238-') 83 7)00)6 %2( &9=)6 8,) %6->32% ()4%681)28 3* )2:-6321)28%0 59%0-8= 6)59-6)7 %
46)86%27*)6 -274)'8-32 3* 327-8) ;%78);%8)6 86)%81)28 *%'-0-8-)7 32 6)7%0) 4634)68-)7
OTHER CONDITIONS AND FACTORS
What other material (important) information are you aware of concerning the Property that might affect the buyer's decision-making
process, the value of the Property, or its use? Explain:
ADDITIONAL EXPLANATIONS
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230.
231.
232.
233. 7)00)6 ')68-*-'%8-32 Seller certifies that the information contained herein is true and complete to the best of Seller's
234. knowledge as of the date signed. Seller agrees that any changes in the information contained herein will be disclosed in writing by
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235. Seller to Buyer prior to Close of Escrow, including any information that may be revealed by subsequent inspections.
236.
SELLER MO/DA/YR SELLER MO/DA/YR
237. 6IZMI[IH ERH YTHEXIH -RMXMEPW /
SELLER SELLER MO/DA/YR
238. &9=)6 7 %'/23;0)(+)1)28 Buyer acknowledges that the information contained herein is based only on the Seller's actual
239. knowledge and is not a warranty of any kind. Buyer acknowledges Buyer's obligation to investigate any material (important) facts in
240. regard to the Property. Buyer is encouraged to obtain Property inspections by professional independent third parties and to
241. consider obtaining a home warranty protection plan.
242. 238-') Buyer acknowledges that by law, Sellers, Lessors and Brokers are not obligated to disclose that the Property is or has been: (1) the site of a
243. natural death, suicide, homicide, or any other crime classified as a felony; (2) owned or occupied by a person exposed to HIV, diagnosed as having
244. AIDS or any other disease not known to be transmitted through common occupancy of real estate; or (3) located in the vicinity of a sex offender.
245. &] WMKRMRK FIPS[ &Y]IV EGORS[PIHKIW VIGIMTX SRP] SJ XLMW 74(7 -J &Y]IV VIEWSREFP] HMWETTVSZIW SJ ER] MXIQW TVSZMHIH LIVIMR &Y]IV
246. WLEPP HIPMZIV XS 7IPPIV [VMXXIR RSXMGI SJ XLI MXIQW HMWETTVSZIH EW TVSZMHIH MR XLI 'SRXVEGX
247.
BUYER MO/DA/YR BUYER MO/DA/YR
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Form SPDS 02/08 BUYER BUYER
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