When you sell a home or land in Mohave County, part of the paperwork is telling the buyer what you know about the property. This guide covers the disclosures and filings set by Arizona statute, federal rule and the county.
This guide covers the disclosures the law spells out, the short list of facts Arizona says a seller can’t be sued for leaving out, and the extra steps when a property has a septic system or a well. It’s general information, not legal advice. If you have a question about your own liability, talk to a real estate attorney.
Key Takeaways
– Sellers of five or fewer parcels of land, other than subdivided land, in an unincorporated area owe the buyer a sworn affidavit of disclosure at least seven days before the transfer.
– Most homes built before 1978 come with federal lead-based paint disclosures.
– In an HOA or condo, the resale package arrives within ten days: from you after an accepted offer in a community under fifty properties, or from the association after your written notice in a larger one. The association’s fees are capped.
Which disclosures and filings does Arizona law require when you sell?
It depends on what you’re selling, and each rule has its own source:
| If the property is… | The rule | Where it comes from |
|---|---|---|
| Five or fewer parcels of land, other than subdivided land, in an unincorporated area | Affidavit of disclosure, at least seven days before transfer | A.R.S. 33-422 |
| A home built before 1978 | Lead-based paint disclosure, pamphlet and warning statement | EPA Lead-based Paint Disclosure Rule |
| In a homeowners association | Resale disclosure package within ten days | A.R.S. 33-1806 |
| A condominium | Resale disclosure package within ten days | A.R.S. 33-1260 |
| On a septic system | A transfer-of-ownership inspection and the county’s transfer notice | Mohave County Development Services |
| A registered well on the parcel | Ownership update with the Arizona Department of Water Resources | ADWR |
More than one can apply. A pre-1978 home on a septic system in an HOA touches three of them. The table isn’t a complete list of every rule that can apply to a sale, so confirm the rest with your broker or a real estate attorney, and answer every question on every form you’re given.
What goes in the affidavit of disclosure for land?
If you’re selling five or fewer parcels of land, other than subdivided land, in an unincorporated part of the county, A.R.S. 33-422 requires a written affidavit of disclosure. You give it to the buyer at least seven days before the transfer, and the buyer acknowledges receiving it.
The statute puts teeth in it. You sign it under penalty of perjury. The buyer can rescind the sale for five days after it’s furnished. You record it at the same time as the deed. And a release or waiver of your liability for an omission or misrepresentation in it isn’t binding on the buyer.
The form asks about, among other things:
- Whether there’s legal access and physical access to the property.
- Whether the roads are publicly maintained, privately maintained or not maintained, and whether there’s a recorded road maintenance agreement. If the roads aren’t publicly maintained, the statute says maintaining them is the owners’ responsibility.
- Whether any part of the property is in a FEMA designated regulatory floodplain.
- Whether the property is subject to fissures or expansive soils.
- Which services reach the property: water, sewer, electric, natural gas, telephone, cable.
- Whether water is hauled in (and if so, the hauler’s name and contact information), and whether the property is served by a private water company, a municipal provider, a private well, a shared well or no well.
- Whether there’s an on-site wastewater system and whether it has been inspected, plus whether the property has had a percolation test.
- Whether there are solar energy devices, and if they’re leased, the leasing company’s name and contact information.
- Whether the property meets the county’s minimum zoning requirements, and whether the sale meets the land division laws. If it doesn’t, the statute warns, the owner may not be able to get a building permit.
If your parcel came from a split, our guide to lot splits and land divisions explains the rules behind that last question.
What do you disclose on a home built before 1978?
Lead-based paint. Lead-based paint was banned for home use in the U.S. in 1978, and the EPA’s Lead-based Paint Disclosure Rule applies to most housing built before then. Before the buyer signs the contract, the seller must:
- Give the buyer the EPA pamphlet Protect Your Family From Lead in Your Home.
- Disclose any known information about lead-based paint and lead-based paint hazards in the home.
- Provide all available records and reports on lead-based paint and hazards.
- Provide a Lead Warning Statement, either as an attachment to the contract or as language inserted into it.
- Give the buyer a 10-day period for a lead paint inspection or risk assessment. The parties can agree in writing to lengthen or shorten it, and the buyer can waive it.
Keep a signed copy of the disclosures for three years after the sale. The EPA says agents must tell sellers about these obligations and share responsibility for following the rule.
What does an HOA or condo resale package include?
If your home is in a homeowners association, A.R.S. 33-1806 sets out a resale disclosure package, and who delivers it depends on the size of the community:
- Fewer than fifty properties: you, the seller, deliver the package to the buyer within ten days after accepting the offer.
- Fifty or more properties: you send the association a written notice of the accepted offer, with the buyer’s name, email and mailing address. The association then delivers the package within ten days after receiving that notice.
Under the statute, these steps fall to the seller, not the real estate agent.
The package includes the bylaws and rules, the declaration and plat, minutes of the board’s previous three open meetings, the budget, the most recent audit or review, the reserve study if there is one, and a statement of pending lawsuits naming the association (other than suits to collect assessments from other members). It also includes a dated statement showing the regular assessment, any special assessments, any unpaid assessment lien, any transfer fee and any unresolved violation cited against the property.
The statute caps what the association can charge you:
- No more than $400 in total for the resale disclosure and related transfer services.
- A rush fee of no more than $100 for work done within 72 hours.
- An update fee of no more than $50, if you ask for an updated report after 30 days or more.
The fees are collected no earlier than close of escrow and charged only once per transaction, and an association that charges an unauthorized fee faces a civil penalty of up to $1,200.
Condominiums follow the same pattern under A.R.S. 33-1260: the unit owner delivers the package within ten days in a condo of fewer than fifty units, the association delivers it in larger ones, and the same $400 and $100 caps apply.
What about a septic system or a private well?
Both need attention before closing. For septic, Mohave County Development Services handles the on-site wastewater program under authority delegated by the Arizona Department of Environmental Quality, and its duties include monitoring transfers of septic systems to new property owners. Its fee schedule lists a $50 Report of Inspection and Notice of Transfer of Ownership.
A University of Arizona guide posted on the county’s site says a septic system needs to be inspected by an eligible inspector within six months of the transfer. It points to Arizona Administrative Code R18-9-A316 for the inspector’s qualifications, including a certificate of training from a course ADEQ recognizes. Ask the county what your sale needs, early, at [email protected] or (928) 757-0903.
For a well, the Arizona Department of Water Resources says a change in the landowner where the well sits calls for a 55-71A Request to Change Well Information form, or an online ownership update. The same form is used if the parcel splits or combines. No update is needed if the well isn’t on the parcel being sold. Arizona well registration numbers start with “55-” followed by six digits, so find yours before you list.
Our well and septic guide covers how those systems work on desert land.
What can’t an Arizona seller be sued for not disclosing?
A.R.S. 32-2156 bars any criminal, civil or administrative action against a seller or a licensee for not disclosing that a property is or has been:
- the site of a natural death, suicide, homicide or any other felony;
- owned or occupied by a person exposed to HIV or diagnosed with AIDS, or another disease not known to be transmitted through common occupancy of real estate; or
- located in the vicinity of a sex offender.
Not disclosing those facts also isn’t grounds to cancel or rescind the sale. That’s the whole list in the statute. It doesn’t cover other facts about the property, so if you’re unsure whether something has to be disclosed, ask a real estate attorney before you sign.
Seller disclosure checklist
Before you list, work through this:
- Check whether you’re selling five or fewer parcels of land, other than subdivided land, in an unincorporated area. If so, start the A.R.S. 33-422 affidavit early.
- Check the year built. If it’s before 1978, gather any lead paint records and plan the lead disclosures.
- If you’re in an HOA or condo, find out whether the community has fifty or more properties, so you know who delivers the package.
- Gather records you have: inspection reports, repair invoices, permits and warranties.
- If there’s a septic system, line up an eligible inspector for the transfer-of-ownership inspection, and contact Mohave County Development Services about the transfer notice.
- If there’s a well, find the 55- registration number and plan the ownership update.
- If you lease solar panels, have the leasing company’s contact information ready.
- Answer every question on every form you’re given, and use “unknown” only where the form offers it and it’s true.
Wondering what the home might sell for, or when to list? Read what your Kingman home is worth and the best time to sell in Mohave County, request a home value estimate, or see our seller services.
Frequently asked questions
Do you have to disclose a death in the house in Arizona?
No action can be brought against a seller or licensee for not disclosing that a property was the site of a natural death, suicide, homicide or other felony, under A.R.S. 32-2156. Not disclosing it also isn’t grounds to rescind the sale. For any other fact you’re unsure about, ask a real estate attorney before you sign the disclosures.
Who can the HOA charge for the resale disclosure package?
The association can charge the seller up to $400 in total for the resale disclosure and related transfer services under A.R.S. 33-1806, plus up to $100 for rush work within 72 hours. The fee is collected no earlier than close of escrow, and only once per transaction.
How long can a land buyer back out after the affidavit?
Five days. Under A.R.S. 33-422, when the affidavit applies, the buyer can rescind the sale for five days after it’s furnished. The seller has to deliver it at least seven days before the transfer, so build both windows into the closing timeline.
Does my home need a lead paint disclosure?
If it was built before 1978, probably. The EPA’s Lead-based Paint Disclosure Rule applies to most pre-1978 housing. Before the buyer signs, you provide the EPA pamphlet, any known information and records, and a Lead Warning Statement, and you give the buyer a 10-day inspection period unless they waive it.
Talk to the team
Thinking about selling in Mohave County? The team has 20+ years here. Call The Hassell Team, Keller Williams Arizona Living Realty, at (928) 715-7653, or contact us.
Sources
- Arizona State Legislature, A.R.S. 33-422 (land divisions; disclosure affidavit), retrieved 2026-10-14, https://www.azleg.gov/ars/33/00422.htm
- Arizona State Legislature, A.R.S. 32-2156 (real estate sales and leases; disclosure), retrieved 2026-10-14, https://www.azleg.gov/ars/32/02156.htm
- Arizona State Legislature, A.R.S. 33-1806 (planned communities; sale of properties), retrieved 2026-10-14, https://www.azleg.gov/ars/33/01806.htm
- Arizona State Legislature, A.R.S. 33-1260 (condominiums; sale of units), retrieved 2026-10-14, https://www.azleg.gov/ars/33/01260.htm
- U.S. Environmental Protection Agency, Real Estate Disclosures about Potential Lead Hazards, retrieved 2026-10-14, https://www.epa.gov/lead/real-estate-disclosures-about-potential-lead-hazards
- Mohave County Development Services, Septic & Well Permitting, retrieved 2026-10-14, https://www.mohave.gov/departments/development-services/environmental-qualitywaste-disposal/septic-well-permitting/
- Arizona Department of Water Resources, Wells: Frequently Asked Questions, retrieved 2026-10-14, https://www.azwater.gov/permitting-wells/frequently-asked-questions