Is Arizona a disclosure state? Yes. Arizona sellers must disclose known material facts about their property, even if no one asks. The Arizona REALTORS® seller advisory is blunt: nondisclosure "may be given the same legal effect as fraud," and the disclosures are warranties that survive closing.
How do sellers disclose? Most use the Residential Seller's Property Disclosure Statement (SPDS). Under the standard Arizona REALTORS® resale contract, the seller delivers it within three days after contract acceptance. Below: what the form covers, what the law says you don't have to disclose, and two items specific to many 85250 homes.
Data note: Form details come from the Arizona REALTORS® SPDS (updated February 2023) and resale purchase contract (November 2025 sample). Statutes from azleg.gov. The 85250 Superfund details come from the City of Scottsdale (fact sheet updated June 2025). This is general information, not legal advice.
What the SPDS Covers
The SPDS walks you through the house, section by section:
Property & Ownership
- Occupancy, leases and rental rules
- HOA name, fees, and any violation notices or disputes
- Liens, assessments, easements and title issues
- Approximate year built (homes built before 1978 trigger the federal lead-based paint disclosure)
- Whether the home is in a historic district
Building & Safety
- Roof: approximate age, leaks, repairs and warranty
- Wood infestation: past or present termites, damage, treatments and transferable warranties
- Heating & cooling types and ages; plumbing pipe type (galvanized, copper, PEX, polybutylene and others)
- Pool & spa: problems, leased equipment, and whether a pool was removed, capped or filled
- Electrical: wiring type, including aluminum
- Work performed: permits, licensed contractors and HOA approvals
Utilities, Sewer & Environment
- Water source, solar (owned or leased) and other systems
- Sewer connection and any verification
- Drainage, soil settlement, flooding, water damage and mold
- Nearby noise, airports and Superfund/WQARF areas
Separate Contract Disclosures
- A five-year insurance claims history, due within five days of acceptance
- Prompt written notice of changes during escrow, which count as SPDS updates
What You Don't Have to Disclose
Arizona's stigmatized-property statute, A.R.S. § 32-2156, says no criminal, civil or administrative action may be brought against a seller, landlord or agent for failing to disclose that a property:
- Was the site of a natural death, suicide, homicide or other felony
- Was owned or occupied by someone exposed to HIV or diagnosed with AIDS or another disease not known to spread through common occupancy
- Is located near a sex offender
The catch: the law doesn't protect an intentional misrepresentation. If a buyer asks, the AAR advisory says to answer truthfully or say you're not legally required to answer, never "no" when the answer is yes. The contract puts the burden on buyers to investigate these items during the inspection period if they matter.
Two 85250-Specific Disclosure Items
The North Indian Bend Wash Superfund Site
- What it is: a groundwater contamination site, primarily the industrial solvent TCE, found in Scottsdale-area drinking water wells in 1981
- Where: the City describes it as generally extending from McDonald Drive south to McKellips Road, between Scottsdale Road and Granite Reef Road. That takes in the area around Chaparral Park.
- Your water: Scottsdale Water treats water from the site's wells to remove TCE to non-detect levels (under 0.5 parts per billion), far below EPA's 5 ppb standard
- Liability: the City says homeowners who didn't cause the contamination are not liable for cleanup
- Disclosure: the City says Superfund designation should be disclosed by the seller or broker at the first discussion about the property. Not sure if your home is inside the site? Call the City at 480-312-8712.
Historic Districts
Villa Monterey and Sands North are designated historic districts in 85250, and the SPDS asks about historic status. See my guide to mid-century homes and historic districts.
“The sellers who sleep well after closing are the ones who over-disclosed. In 85250, that usually means a few honest lines about an older roof, a termite treatment from years ago, and the Superfund question, which buyers' agents here know to expect. I sit down with every seller and go through the SPDS line by line, with their permits and receipts in hand, before we ever go live.”
— Elizabeth Vijan, Tackett Team, eXp Realty
FAQ: Arizona Seller Disclosure
Is Arizona a disclosure state for real estate?
Yes. Sellers must disclose known material facts, asked or not, and those disclosures survive closing.
What is an SPDS in real estate?
The Arizona REALTORS® Residential Seller's Property Disclosure Statement, delivered within three days of acceptance under the standard contract.
Do you have to disclose a death in a house in Arizona?
No, under A.R.S. § 32-2156. But never lie if asked.
What happens if a seller doesn't disclose in Arizona?
Possible civil liability. Nondisclosure can be treated like fraud, and a missing SPDS can let the buyer cancel.
Get Your SPDS Right the First Time
Before you list, I'll help you gather the permits, receipts, termite history and HOA documents behind every answer, and show you which 85250-specific items buyers will ask about, so your disclosure is complete before the first showing.
Elizabeth Vijan | Tackett Team, eXp Realty
Chaparral Park Resident & 85250 Real Estate Expert
Book My Pre-Listing Disclosure Review · Call or text 602-885-7752
Sources: Arizona REALTORS® SPDS with seller advisory (PDF) · Arizona REALTORS® resale purchase contract sample (PDF) · A.R.S. § 32-2156 · City of Scottsdale NIBW Superfund fact sheet (PDF) · Scottsdale Historic Preservation Program
Disclaimer: This is a plain-English summary, not legal advice. Forms and laws change; confirm with your own attorney and your current contract forms. Information deemed reliable but not guaranteed. Equal Housing Opportunity.
