ADRE Model Broker Policy Manual-Disclosure

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Fissure Maps

93a7cb524ba052bcdbb8d9c90daecd0532-2117. Earth fissure maps; posting; immunity

A. On receipt of maps from the Arizona Geological survey, the state real estate department shall provide any earth fissure map to any member of the public in printed or electronic format on request and provide access on its website to the earth fissure maps prepared by the Arizona Geological survey under section 27-106, paragraph 3. The following notice shall be displayed below each map.

Notice

The state of Arizona had made a reasonable effort to ensure the accuracy of this map when it was produced, but errors may be present, and the state of Arizona does not guarantee its accuracy. The map supplements, and is not a substitute for, a professional inspection of property for defects and conditions.

B. Nothing in this section shall be construed as denying a person rights guaranteed by the Arizona Constitution, and notwithstanding any other law, a subdivider, owner or licensee is not liable to any person or governmental entity for any act or failure to act in connection with:

1. The disclosure of real estate subject to earth fissures if the subdivider, owner or licensee provides a written disclosure or includes the notice in a public report, issued under section 32-2183 or 32-2195.03, with respect to real estate subject to earth fissures, of the map and website described in subsection A of this section. The written disclosure or notice in a public report, issued under section 32-2183 or 32-2195.03, of the map and website does not create an independent cause of action.

2. Any disclosure that occurred before the date the map described in subsection A of this section is posted on the website if the subdivider, owner or licensee had no actual knowledge that the land was subject to earth fissures before the map was posted.

Quick Quiz

Fill in the Blank:
The of Arizona has made a reasonable effort to ensure the accuracy of this map when it was produced, but may be present and the state of Arizona does not guarantee its .

Earth Fissures in Arizona

Earth Fissures Brochure

Earth Fissures Viewer

• Arizona’s Earth Fissure Center

Earth Fissures Planning Maps

Earth Fissures Study Area Maps

Earth Fissure Resources

Land Subsidence in Arizona

Lead Based Paint

This section should include:

  • The requirement by the U.S. Department of Housing and Urban Development (HUD) requires that every seller of residential property built prior to 1978 disclose to the potential buyer/tenant the possibility for or the existence of lead-based paint on the property.
  • That every buyer/tenant is to receive a copy of the pamphlet “Protect Your Family From Lead In Your Home” and the Lead-Based Paint Disclosure Addendum, available 
  • Buyer initials or signatures are required to acknowledge receipt of notice.
  • Sales Associates are required to initial and sign the receipt.
  • HUD Lead-Based Paint Information and Brochure
  • This is the only form that cannot be executed in counter parts. All parties must sign and initial on one Lead Based Paint Addendum. The listing and selling agents must initial and sign also.

Pool Barriers

This section should includeblack-fence

  • Ensuring that the seller comply with provisions of A.R.S. § 36-1681(E) by providing the buyer, lessee, or renter with a notice, approved by the Department of Health Services, explaining safety education and responsibilities of pool ownership (Click Here)

36-1681. Pool enclosures; requirements; exceptions; enforcement

E. A person on entering into an agreement to build a swimming pool or contained body of water or sell, rent or lease a dwelling with a swimming pool or contained body of water shall give the buyer, lessee or renter a notice explaining safety education and responsibilities of pool ownership as approved by the department of health services.

Quick Quiz

Fill in the Blank:
A on entering into an agreement to build a swimming pool or contained body of or sell.

ADDITIONAL COMMENT: This section should be written to communicate that it is important to ensure that the seller comply with the provisions of ARS 36-1681E by providing the buyer, lessee, or renter with a notice, approved by the Arizona Department of Health Services, explaining safety education and responsibilities of pool ownership.  While this notice is required only if the property being transferred has a permanent body of water intended for swimming, however, most brokers provide this notice to the buyers whether or not the property has such a body of water.

Seller’s Property Disclosure Statement

This section should include:

  • Whether the Company requires all sellers complete a Seller’s Property Disclosure Statement (“SPDS”) on every listing, including properties listed for sale “AS IS”; any exceptions (perhaps for new construction not complete at the time of listing, estate sale, bank-owned property, family trust, etc., and how to indicate in the purchase contract that the seller is not providing a SPDS).
  • How the Sales Associate is to handle any questions that are not answered, appear to be inaccurate, inconsistencies and red flags, or if the seller refuses to complete the SPDS.

 ADDITIONAL COMMENT:  By law, a seller must disclose all known material facts about their property to all parties in the transaction.  However, the seller is not required by law to provide a SPDS to the buyer.  However, the AAR Residential Purchase Contract does require the seller to provide one to the buyer.

Additional issues that should be addressed include the use of the SPDS form in resales; when a seller should provide an updated SPDS; and how it will not be used for new home sales.  Other issues that should be included are the SPDS and prior property inspections; assisting the owner in completing a SPDS; how to handle any questions not answered on the SPDS; answers that appear to be answered inaccurately; inconsistencies with red flags on the property or if the seller refuses to complete the SPDS.

Superfund & Water Quality Assurance Revolving Fund (WQARF)

This section should include:

  • Information about areas that have been designated by the Federal Government and by the State of Arizona as environmentally impacted.
  • Where information or maps regarding these areas can be obtained, such as from the Arizona Department of Environmental Quality Web site, www.azdeq.gov.
  • When and how to fully disclose to prospective buyers that a property is located in these areas.
Quick Quiz

Fill in the Blank:
Information about that have been designated by the Federal Government and by the State of Arizona as environmentally .

Most material concerns that the buyer may have can be found in the Buyer Advisory.

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