Arizona Real Estate Law
Regulator: Arizona Department of Real Estate
Agency Relationships
- Agents may represent the buyer, the seller, or, with written consent, both parties.
- Fiduciary duties — loyalty, confidentiality, full disclosure — apply to clients but not to customers.
- Ask every agent to explain, in writing, who they represent before you share personal or financial details.
Property Disclosures
- Sellers complete the state-standard SPDS (Seller Property Disclosure Statement).
- Arizona's groundwater laws require disclosure of the property's water provider and, in certain Active Management Areas, an assured or adequate water supply report.
- Flood zones, wells, and unpermitted additions must be disclosed if known.
Contract Nuances
- Real estate contracts must be in writing to be enforceable.
- Review deadlines for inspection, financing, and closing carefully — missed dates can cost your earnest money.
- You may hire an independent attorney to review any contract, even if the state does not require one.
Closing & Costs
- Closings are handled by escrow agents at title companies. No attorney is required.
- Local custom: the seller usually pays for the owner's title policy; buyer pays the lender's policy and escrow fee is typically split.
- Arizona has no state real estate transfer tax — only a small recording fee per document.
- Property taxes are billed in arrears and prorated to the day of closing.
- Wire instructions for the closing should be verbally confirmed with your escrow officer using a phone number you already trust.
Buyer-Agent Compensation (post-2024)
- Since August 17, 2024, multiple-listing services (MLS) can no longer publish offers of buyer-agent compensation. Sellers may still choose to pay a buyer's agent, but it is now negotiated separately and disclosed off-MLS.
- Buyers must sign a written representation agreement with their agent before touring a home. The agreement must state how the agent is paid and how much. Read it carefully — the fee is between you and your agent now, not automatically covered by the seller.
- If you are buying, ask whether the seller is offering to pay your agent's commission, who else might pay it, and exactly what services are included.
- If you are selling, you are no longer required to offer a buyer's agent commission. Your listing agent should explain the trade-offs of doing so anyway.
Tenant & Landlord Rights
- Security deposits are regulated; landlords must return them within a set number of days after move-out.
- Evictions require proper written notice and, in most cases, a court order.
- Retaliation against tenants who exercise legal rights is prohibited.
Educational information only. Not legal advice. Laws change; verify with the official sources above or consult a licensed attorney.