Santa Cruz County Affidavit of Disclosure Form (Arizona)

All Santa Cruz County specific forms and documents listed below are included in your immediate download package:

Affidavit of Disclosure Form

Santa Cruz County Affidavit of Disclosure Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included Santa Cruz County compliant document last validated/updated 10/15/2024

Affidavit of Disclosure Guide

Santa Cruz County Affidavit of Disclosure Guide

Line by line guide explaining every blank on the form.
Included Santa Cruz County compliant document last validated/updated 6/25/2024

Completed Example of the Affidavit of Disclosure Document

Santa Cruz County Completed Example of the Affidavit of Disclosure Document

Example of a properly completed form for reference.
Included Santa Cruz County compliant document last validated/updated 10/21/2024

When using these Affidavit of Disclosure forms, the subject real estate must be physically located in Santa Cruz County. The executed documents should then be recorded in the following office:

Recorder's Office

2150 N Congress Dr, Suite 101, Nogales, Arizona 85621

Hours: 8:00am - 5:00pm M-F

Phone: 520-375-7990

Local jurisdictions located in Santa Cruz County include:

  • Amado
  • Elgin
  • Nogales
  • Patagonia
  • Rio Rico
  • Sonoita
  • Tubac
  • Tumacacori

How long does it take to get my forms?

Forms are available immediately after submitting payment.

How do I get my forms, are they emailed?

Immediately after you submit payment, the Santa Cruz County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.

What does "validated/updated" mean?

This indicates the most recent date when at least one of the following occurred:

  • Updated: The document was updated or changed to remain compliant.
  • Validated: The document was examined by an attorney or staff, or it was successfully recorded in Santa Cruz County using our eRecording service.
Are these forms guaranteed to be recordable in Santa Cruz County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Santa Cruz County including margin requirements, content requirements, font and font size requirements.

Can the Affidavit of Disclosure forms be re-used?

Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Santa Cruz County that you need to transfer you would only need to order our forms once for all of your properties in Santa Cruz County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by Arizona or Santa Cruz County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.

What type of files are the forms?

All of our Santa Cruz County Affidavit of Disclosure forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.

Do I need any special software to use these forms?

You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.

Do I have to enter all of my property information online?

No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.

Can I save the completed form, email it to someone?

Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.

Are there any recurring fees involved?

No. Nothing to cancel, no memberships, no recurring fees.

Before a transfer of real property is finalized, Arizona law requires the seller to disclose material facts about the relevant property to the buyer in a seller's disclosure report.

In Arizona, sellers of five or fewer parcels of improved or unimproved land located in an unincorporated part of a county (any area with no formally organized municipal government), must furnish buyers, in addition to any seller disclosure documents, another document called an affidavit of disclosure, under A.R.S. 33-422. The seller uses the affidavit to disclose additional material facts about the property subject to the pending conveyance. The seller is liable for omissions or misrepresentations made within the affidavit, which contains statements made under oath by the seller in the presence of a notary public or other official qualified by the State of Arizona.

By statute, the seller must provide the written disclosure to the buyer at least seven days prior to the transfer of property ( 33-422(A)). The buyer is then required to acknowledge receipt of the affidavit, and has the right to rescind the transaction up to five days after receiving the disclosure ( 33-422(D)). The affidavit is recorded alongside the deed of transfer in the office of the recorder in the appropriate county. Subsequent sellers of the property are also required to execute and record an affidavit of disclosure; any subsequent affidavit replaces a prior affidavit of record.

The form alerts buyers to some unique circumstances often associated with purchasing rural, unincorporated land in Arizona. For instance, the affidavit acknowledges whether there is legal access and physical access to the property. This disclosure allows the buyer to know beforehand if the necessary easements are in place to allow the buyer to legally access the property without issue, and whether any existent physical access to the property is lawful.

The affidavit also affirms relevant facts such as road maintenance, location on a FEMA-designated floodplain, existence of fissures or expansive soils, services provided to the property, water supply, wastewater treatment, and zoning, among others. The seller is also obligated to disclose any encumbrances due to pending legal action that may be attached to the property title.

Parts of the disclosure also serve as a general notice to the buyer: for example, a service provider is not liable for damages resulting from inaccessibility to the property in the case of an emergency. To complete the form, sellers may need to reference additional statutes pertaining to land divisions, maps designating military airports or facilities (available through the Arizona Department of Real Estate website), or other resources, as needed.

Seller and subsequent seller do not include a trustee of a deed of trust who is selling property by a trustees sale pursuant to title 33, chapter 6.1 or any officer who is selling property by execution sale pursuant to title 12, chapter 9 and title 33, chapter 6. If the seller is a trustee of a subdivision trust as defined in section 6-801, the disclosure affidavit required by this section shall be provided by the beneficiary of the subdivision trust.

Nondisclosures, whether intentional or accidental, can have significant legal consequences. Consult a lawyer with specific questions about the affidavit of disclosure or other inquiries relating to real estate transactions in Arizona.

Our Promise

The documents you receive here will meet, or exceed, the Santa Cruz County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

Save Time and Money

Get your Santa Cruz County Affidavit of Disclosure form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.

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