US Real Estate Law Explorer
Educational information only. Not legal advice. Not affiliated with any state agency or real estate union.

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.