📅 Last Updated: December 5, 2025 | Laws and requirements may change. Always verify current requirements with official sources or qualified professionals.

Seller Disclosures in Maricopa AZ: SPDS, Wells & Septic Guide

Key Takeaways

• Arizona law generally requires disclosure of all known material facts, even in "as-is" sales.
• The SPDS, inspection period, and septic transfer rules work together.
• Wells, shared wells, and horse property create extra disclosure considerations.
• Over-disclosing with good records usually lowers legal risk later.

Important Legal Notice: This article provides general educational information about Arizona real estate disclosure requirements as they commonly apply to Maricopa home sales. This content is not legal advice, and should not be relied upon as a substitute for consultation with a qualified Arizona real estate attorney. Real estate laws change, and specific circumstances vary. For guidance on your particular situation, consult with an Arizona-licensed attorney, tax advisor, and other appropriate professionals before making disclosure decisions.

Our stance is disclose, disclose, and disclose. We firmly believe in disclosing.

Arizona real estate law requires home sellers in Maricopa to disclose all known material facts using Arizona's Seller's Property Disclosure Statement (SPDS), even in "as-is" transactions, based on established Arizona case law such as Hill v. Jones. That includes defects, septic and well issues, and many horse-property risks. A strong local agent helps you disclose clearly and reduce future disputes.

How does Arizona disclosure law work when you sell in Maricopa?

Arizona case law, including Hill v. Jones (1986), established that Arizona follows a disclosure-based approach to real estate transactions rather than the traditional "caveat emptor" (buyer beware) doctrine. "As-is" language does not cancel this duty. The SPDS and the inspection period are the main tools buyers use to understand those facts before they close.

If something would matter to a reasonable buyer – like past water damage or septic troubles – it's a material fact you disclose. With the Arizona Association of REALTORS® (AAR) Residential Resale Real Estate Purchase Contract, sellers are typically required to deliver a completed SPDS within three days after contract acceptance, and buyers usually have around ten days to complete inspections unless a different period is negotiated.

Under Arizona law, "as-is" provisions in purchase contracts generally do not eliminate the seller's duty to disclose known material defects. Arizona courts have consistently held that sellers must disclose non-obvious defects even when selling property "as-is."

What are my basic disclosure obligations for a Maricopa home?

Arizona law generally requires sellers to disclose all known material facts and defects in good faith, particularly those that are not readily observable during a reasonable inspection. This disclosure duty is based on Arizona case law and real estate practice standards.

In plain terms: if you know something that would matter to a reasonable buyer or affect price, you disclose it. That includes past termite treatment, foundation repairs, roof leaks during monsoon storms, or a history of plumbing backups.

The AAR SPDS prompts you on structure, roof, plumbing, electrical, heating and cooling, environmental hazards, HOA, legal issues, and more. If you are not sure whether something is "big enough" to mention, the conservative approach in Arizona is almost always to disclose it rather than gamble on a later dispute.

How does the SPDS fit into the contract and inspection period?

The SPDS gives the buyer an organized snapshot of what you know; the inspection period lets them verify it. Complete SPDS disclosure combined with the buyer's inspection period can help establish that the buyer had an opportunity to discover property conditions before closing.

Read exactly how the AAR inspection period works for Maricopa sellers and understand the typical ten-day window buyers have to bring in inspectors, review documents, and request repairs or credits. When buyers proceed to closing after receiving complete disclosures and conducting inspections, they generally have fewer grounds to claim non-disclosure after the transaction closes.

That's why skipping questions or writing "no problems" when something comes to mind later is risky. Specific, factual notes ("Roof leak in 2021 over kitchen; repaired by licensed roofer, invoice attached") reduce surprises and help both sides make informed decisions.

How should I disclose repairs and contractor work?

Every significant repair should be disclosed with basic facts: what happened, when it was repaired, and whether a licensed contractor and permits were involved. Professional documentation usually helps you; pretending a fixed problem never existed can hurt you later.

Good news – when a licensed contractor did the work (especially roof, HVAC, or foundation), buyers here usually see it as a plus. Attach invoices and any transferrable warranties so the buyer can see what was done, by whom, and when. This often shifts future performance questions to the contractor or manufacturer rather than you.

When work required permits, it is safer to say "Permits obtained" only if you have or can get copies. If you are unsure, "Permit status unknown; buyer to verify" is more honest than guessing wrong.

What don't I have to disclose under Arizona law?

Under ARS § 32-2156, Arizona sellers are generally not required to volunteer information about deaths, crimes, or certain medical conditions associated with the property. But you still cannot lie if someone asks you a direct question about those topics.

This statute protects sellers and brokers from lawsuits for not disclosing that the property was the site of a natural death, suicide, homicide, or other felony, or that an occupant had HIV/AIDS or another disease not transmitted through normal occupancy.

However, if a buyer asks, "Has anyone ever died in this home?" answering falsely is still misrepresentation. Many sellers choose a neutral response such as "I'm not required to answer that; you may wish to research public records" rather than giving details or making statements they cannot fully verify.

How do wells and shared wells affect my disclosure duties?

For properties with private or shared wells, you should disclose the type of well, any written well-sharing agreements, known capacity or reliability issues, and any past water quality problems. You also help by providing information needed for the ADWR well transfer form.

In rural or fringe areas around Maricopa, many homes do not have municipal water. Instead, they use individual or shared wells registered with the Arizona Department of Water Resources (ADWR). The Arizona Department of Water Resources (ADWR) requires well registration updates when ownership changes, typically using ADWR Form 55-71A ("Request to Change Well Information").

On your SPDS, note whether the property uses a private well or is part of a shared system, list any known issues (pump replacements, periods when the well ran low, or storage tanks needed to manage flow), and provide copies of any well logs or service records you have.

What are my responsibilities for septic and on-site wastewater systems?

Arizona's Department of Environmental Quality (ADEQ) administers the Transfer of Ownership program for on-site wastewater systems. For Pinal County properties with septic systems, this program typically requires:

1. A qualified inspection within six months before transfer
2. Delivery of the Report of Inspection to the buyer before closing
3. Buyer submission of the Notice of Transfer form and applicable fee within 15 days after closing

Sellers should verify current requirements with ADEQ or their county environmental health department.

The Transfer of Ownership inspection is generally required under Arizona law for properties with on-site wastewater systems, with limited exceptions. Buyers typically submit the Notice of Transfer form and applicable fee to ADEQ or the delegated county agency within 15 days after closing. Current fee schedules are available from ADEQ or the local county environmental health department.

What extra risks come with horse property in and around Maricopa?

Horse properties add zoning, dust, odor, and drainage issues that are often material to buyers. You should disclose known zoning limits, prior dust or manure complaints, and any floodplain or drainage challenges on arenas or pastures.

Inside Maricopa city limits and in nearby county areas, you must comply with local zoning and animal-keeping regulations. Buyers often choose Maricopa to gain space for horses while accepting a longer SR-347 commute into Phoenix, so misrepresenting "horse-ready" status can create serious disputes later.

If you have had any notices from Pinal County about dust, drainage, or manure conditions, those should be disclosed. Buyers need a realistic picture of what it takes to manage arenas, corrals, and turnouts in this climate.

How will a Maricopa real estate agent help me manage SPDS risk?

A strong Maricopa agent walks you line-by-line through the SPDS, helps you gather documents, flags vague wording, and reminds you when an issue is serious enough to warrant legal advice. They cannot answer for you, but they do manage the process and timing.

When you work with experienced Maricopa real estate agents like James Sanson (Realtor since 2002, thousands of homes sold, hundreds of five-star reviews), you get coaching on where to attach invoices, how to word explanations factually, and when to add separate addenda for complex issues.

A good agent also tracks deadlines: SPDS delivery, buyer response dates, septic inspection scheduling, and well or septic transfer paperwork. The goal is a clean file that shows you were straight-up honest the whole way.

Frequently Asked Questions About Maricopa AZ Seller Disclosures

Do I have to disclose past repairs if a licensed contractor fixed the problem?

Yes, Arizona sellers should disclose significant past repairs with basic facts: what was fixed, when, and by whom. Attaching contractor invoices and warranties shows responsible maintenance and helps buyers understand the home's history, which generally reduces future dispute risk.

What don't I have to disclose when selling a home in Arizona?

Under ARS § 32-2156, Arizona sellers are generally not required to disclose deaths, crimes, or certain occupant health conditions. However, you cannot lie if asked directly. Always focus on the property's physical condition and legal status in your SPDS disclosures.

How are wells and shared wells handled in Maricopa AZ disclosures?

You must disclose whether the property uses a private or shared well, provide any written well-sharing agreements, and share known capacity or quality issues. For private wells, provide information needed to complete ADWR's well transfer form after closing.

What must I disclose about a septic tank or on-site wastewater system?

For Pinal County homes with septic, Arizona's Transfer of Ownership program requires a qualified inspection within six months before closing. You must provide the inspection report to the buyer and disclose any known history of backups, repairs, or system concerns.

What happens if I forget to disclose something on the SPDS?

If you remember missing information during escrow, update your disclosures immediately. Your duty to provide accurate information continues until closing. Prompt correction is better than risking post-closing claims for misrepresentation.

How can a Maricopa real estate agent help me with disclosures?

A local agent helps organize your documents, walks you through each SPDS section, flags vague wording, and ensures proper timing. They can't give legal advice but can connect you with Arizona real estate attorneys for complex situations.

What special disclosures apply to horse properties around Maricopa?

Disclose zoning compliance, any dust permit history for arenas, manure management practices, and drainage conditions. Buyers choosing Maricopa for horses need realistic expectations about maintenance, odors, and local regulations.

Are floodplain or soil issues material facts in Maricopa?

Yes. Known floodplain status, significant settlement, or earth fissure proximity should be disclosed as they affect insurance, building options, and value. Provide any elevation certificates or engineering reports you have.

Helpful Resources for Maricopa Sellers

The following official resources can help you complete your seller disclosures accurately:

• Arizona Association of REALTORS® Forms: Your agent can provide the official AAR SPDS form and Seller Disclosure Advisory through the AAR forms library (available to AAR members)
• ADWR Well Registration: Form 55-71A (Request to Change Well Information) available on the Arizona Department of Water Resources website
• ADEQ Septic Transfer: Transfer of Ownership forms and qualified inspector lists available on the Arizona Department of Environmental Quality website
• Pinal County Permits: Information on dust control permits and building permits available through Pinal County Development Services
• Arizona Registrar of Contractors: Verify contractor licenses and check owner-builder rules on the ROC website

Authoritative Sources for Arizona Seller Disclosures

This guide references Arizona statutes, regulations, and industry standards from the following authoritative sources:

• Arizona Revised Statutes (ARS): Arizona State Legislature official statutes, including ARS § 32-2156 (disclosure requirements) and ARS § 32-1121 (contractor licensing)
• Hill v. Jones, 151 Ariz. 81 (1986): Arizona Supreme Court case establishing seller disclosure duties
• Arizona Association of REALTORS® (AAR): Standard forms including Residential Resale Purchase Contract, SPDS, and Seller Disclosure Advisory
• Arizona Department of Water Resources (ADWR): Well registration and transfer requirements
• Arizona Department of Environmental Quality (ADEQ): On-site wastewater (septic) Transfer of Ownership program
• Pinal County Air Quality Control District: Dust control permit requirements
• Arizona Registrar of Contractors (ROC): Contractor licensing and owner-builder regulations

Readers should consult these official sources or qualified professionals for the most current requirements and guidance.