A property disclosure statement is a written document provided by a seller of real property to the prospective buyer stating that the property has a material or significant problem or defect and disclosing the nature of the problem or defect—or stating the seller is unaware of any such problems or defects.
In Arizona, a property disclosure statement is a critical document in the process of selling real estate. Arizona law requires sellers to disclose material facts about the condition of the property that might influence the buyer's decision to purchase. This includes any significant problems or defects with the property. The Arizona Association of Realtors provides a Residential Seller's Property Disclosure Statement (SPDS) form that is commonly used for this purpose. While the law does not mandate the use of this specific form, it serves as a comprehensive guideline for the types of information that should be disclosed. Sellers are obligated to disclose known issues, but they are not required to conduct inspections to discover defects. If a seller intentionally conceals a defect or provides false information, they could be held liable for fraud. It is important for sellers to be honest and thorough in completing the disclosure statement to avoid future legal disputes.