Understanding the Arizona Buyer Advisory

list of contents

Introduction

When you’re in the market to buy a home in Arizona, you’ll encounter numerous documents throughout the process. Among these, the Arizona Buyer Advisory stands as one of the most important educational resources you’ll receive. Updated as of January 2025, this comprehensive document, created by the Arizona Association of REALTORS® in collaboration with the Arizona Department of Real Estate, serves as a critical roadmap for your due diligence journey.

But what exactly is the Buyer Advisory, and why is it so important to your home purchase? Let’s dive deep into this essential document to help you navigate your real estate transaction with confidence.

What Is the Arizona Buyer Advisory?

The Arizona Buyer Advisory is a detailed resource document designed to inform homebuyers about the wide range of issues they should consider and investigate before purchasing property in Arizona. While it’s not a contract itself, it often accompanies your purchase paperwork as an educational tool.

Think of it as a comprehensive checklist of items you should research and verify during your home-buying journey. The document helps ensure you’re making an informed decision by highlighting potential concerns that might not be immediately obvious when you fall in love with a property.

As the document itself states: “Some of the more common issues that a buyer may decide to investigate or verify concerning a property purchase are summarized in this Advisory.”

Why the Buyer Advisory Matters

Arizona’s real estate landscape comes with unique considerations—from desert climate concerns to specific legal requirements. The Buyer Advisory helps you navigate these Arizona-specific issues while also covering universal home-buying concerns.

The document emphasizes a crucial point: While real estate agents are vital to the purchase process and can provide various services, they “generally not qualified to discover defects or evaluate the physical condition of property.” This underscores why your own due diligence is essential.

Most importantly, the Buyer Advisory protects you by ensuring you’re aware of potential issues before you complete your purchase. It guides you toward professional resources that can help you make informed decisions about what could be the largest financial investment of your life.

The Structure of the Buyer Advisory

The Buyer Advisory is organized into five main sections, each addressing different aspects of the due diligence process:

  1. Common Documents a Buyer Should Review
  2. Common Physical Conditions in the Property a Buyer Should Investigate
  3. Conditions Affecting the Area Surrounding the Property the Buyer Should Investigate
  4. Other Methods of Getting Information About a Property
  5. Resources

Let’s examine each section in detail.

Section 1: Common Documents a Buyer Should Review

This section identifies various documents you should carefully review before finalizing your purchase. These include:

The Purchase Contract

The foundation of your transaction is the purchase contract itself. The Buyer Advisory strongly recommends reading the entire Arizona REALTORS® Residential Resale Real Estate Purchase Contract before submitting an offer.

It includes a specific warning about contingency waivers: “Should a buyer elect to waive any such contingencies in conjunction with their purchase offer, adverse consequences may result that place buyer at risk of losing their Earnest Money or incurring monetary damages if buyer decides not to purchase the property after their offer is accepted.”

MLS Printout

The Multiple Listing Service (MLS) printout is similar to an advertisement and may contain information from the seller, builder, or governmental agencies. The Advisory cautions that this information “could be inaccurate, incomplete or an approximation,” emphasizing the importance of verifying any crucial details.

The Subdivision Disclosure Report (Public Report)

For properties in subdivisions, this report provides material information about the development. Even if older, these reports can still provide valuable insights for buyers. Public Reports dated from January 1997 are available on the Arizona Department of Real Estate website.

Seller’s Property Disclosure Statement (SPDS)

This questionnaire is completed by the seller and addresses various aspects of the property and its condition. The Advisory emphasizes that “a buyer should carefully review the SPDS and verify those statements of concern.”

Importantly, it notes that “a seller’s disclosure obligation remains even if the buyer and seller agree that no Seller’s Property Disclosure Statement will be provided.”

CC&Rs (Covenants, Conditions and Restrictions)

These recorded documents control certain aspects of property use within a development. By purchasing a property subject to CC&Rs, you agree to be bound by these restrictions.

The Advisory recommends reading and agreeing to these restrictions before purchasing and notes that “the association, the property owners as a whole, and individual property owners can enforce the CC&Rs.”

HOA Governing Documents

For properties in homeowners associations, you should review Articles of Incorporation, Bylaws, Rules and Regulations, and architectural control standards. The Advisory notes that some HOAs impose fees when property is sold, so you should inquire about potential transfer fees.

Title Report/Title Commitment

This document lists exceptions to title insurance coverage, which may include “encumbrances, easements, and liens against the property, some of which may affect the use of the property, such as a future addition or swimming pool.” You should review all listed documents carefully.

Other Important Documents

Additional documents mentioned in this section include:

  • Loan information and documents
  • Home warranty policies
  • Affidavit of Disclosure (for unincorporated areas)
  • Lead-Based Paint Disclosure Form (for homes built before 1978)
  • Professional inspection reports
  • County assessor/tax records
  • Termite and wood-destroying organism reports
  • FIRPTA (Foreign Investment in Real Property Tax Act) information

Section 2: Common Physical Conditions in the Property a Buyer Should Investigate

This extensive section highlights physical aspects of the property that deserve your attention:

Repairs, Remodeling and New Construction

The Advisory stresses the importance of verifying that any repairs or additions were properly done, recommending that you “request copies of permits, invoices or other documentation regarding the work performed.”

It also provides valuable information about contractor licensing requirements in Arizona, noting when licenses are required and the circumstances under which property owners may perform their own work.

Square Footage

The Advisory cautions that square footage figures from the MLS or county assessor are often estimates and “generally should not be relied upon for the exact square footage.” If size matters to you, have it verified by an appraiser or architect.

Roof

For roofs that are 10 years or older, the Advisory recommends an inspection by a licensed roofing contractor.

Swimming Pools and Spas

Pool inspections are typically excluded from general home inspections, so a separate inspection by a pool company may be necessary. The Advisory also references Arizona’s pool barrier laws, which are crucial for safety and compliance.

Septic and Other On-Site Wastewater Treatment Facilities

Properties not connected to public sewer systems must have their on-site wastewater treatment facilities inspected within six months prior to transfer of ownership. The Advisory provides links to resources for current inspection requirements.

Sewer, Water/Well Issues, and Soil Problems

These sections address the importance of verifying sewer connections, water availability and quality, and potential soil issues like expansive soil, fissures, or subsidence that can cause significant property damage.

Previous Fire/Flood and Pest Issues

The Advisory recommends hiring qualified inspectors to advise on potential problems resulting from previous fire or flood damage. It also provides information about common Arizona pests, including scorpions, bed bugs, roof rats, termites, and bark beetles.

Environmental Concerns

This comprehensive section covers indoor environmental issues including:

  • Mold (noting that visible mold or musty odors indicate a mold problem)
  • Imported drywall issues
  • Radon gas and carbon monoxide
  • Drug lab contamination
  • Other indoor air quality concerns

Property Boundaries, Flood Insurance, and Insurance Claims History

The Advisory recommends a survey if property boundaries are concerning and provides information about flood insurance requirements and how to obtain claims history from insurance companies.

Section 3: Conditions Affecting the Area Surrounding the Property

This section encourages investigation of the neighborhood and surrounding area:

Environmental and Natural Concerns

Topics covered include environmentally sensitive land ordinances, electric and magnetic fields, Superfund sites, and wildfire risks in forested areas.

Development and Infrastructure

The Advisory suggests researching freeway construction, traffic conditions, zoning regulations, and planning/neighborhood services that might affect the property.

Social Issues

This section encourages investigation of crime statistics, sex offender registry information, school information, and military or public airport noise zones that could impact property use and quality of life.

Section 4: Other Methods of Getting Information About a Property

The Advisory recommends additional research methods:

  • Driving around the neighborhood at different times of day
  • Investigating your surroundings using tools like Google Earth
  • Talking to neighbors, who “can provide a wealth of information”

Section 5: Resources

This final section provides links to additional information sources, including:

  • The Market Conditions Advisory, which addresses real estate market cycles
  • Fair housing and disability laws
  • Wire fraud awareness
  • Information about Arizona government and agencies

The Buyer Acknowledgment Page

The final page of the document contains the buyer acknowledgment, which states that the buyer has received all 13 pages of the Advisory and understands there may be other disclosure issues not listed. It emphasizes that “the buyer is responsible for making all necessary inquiries and consulting the appropriate persons or entities prior to the purchase of any property.”

How to Use the Buyer Advisory Effectively

To get the most benefit from the Buyer Advisory:

  1. Read it thoroughly early in your home search. Don’t wait until you’ve found a property to familiarize yourself with potential concerns.

  2. Create a personalized checklist. Based on the Advisory, develop a list of items that are particularly important to you. For example, if you’re concerned about water quality or availability, highlight those sections.

  3. Use it as a discussion tool. Go through the Advisory with your real estate agent to ensure you’re addressing all relevant concerns for specific properties you’re considering.

  4. Retain professional inspectors. The Advisory repeatedly emphasizes the importance of professional inspections, stating “Professional property inspections are absolutely essential: there is no practical substitute for a professional inspection as a measure to discover and investigate defects or shortcoming in a property.”

  5. Keep track of deadlines. Many investigations need to occur during the inspection period specified in your purchase contract, typically within 10 days of acceptance. Create a calendar to ensure you complete all desired inspections on time.

  6. Document your findings. Maintain a record of all inspections, research, and property information you gather during your due diligence process.

  7. Ask questions about unclear items. If any aspect of the Advisory raises questions specific to your situation, consult with appropriate professionals, whether that’s your real estate agent, home inspector, attorney, tax advisor, or other specialist.

Common Misconceptions About the Buyer Advisory

Despite its importance, several misconceptions about the Buyer Advisory persist:

  • Misconception 1: “It’s just a standard form I need to sign.” Reality: While you’ll typically sign an acknowledgment of receiving the Advisory, its real value comes from using it as an active resource throughout your purchase process.

  • Misconception 2: “My real estate agent will handle all these concerns.” Reality: While your agent is a valuable resource, the Advisory explicitly states that agents “are not qualified, nor licensed, to conduct due diligence with respect to the premises or the surrounding area.”

  • Misconception 3: “The seller must disclose all these items.” Reality: Seller disclosure obligations are limited to material facts about the property itself. Many of the environmental, neighborhood, and regional concerns mentioned in the Advisory fall outside seller disclosure requirements.

  • Misconception 4: “The home inspection covers everything in the Advisory.” Reality: A standard home inspection addresses the physical condition of the property but typically excludes many specialized concerns mentioned in the Advisory, such as environmental testing, pest inspections, or boundary surveys.

Special Considerations for Arizona Properties

Arizona’s unique climate and geography create special considerations highlighted in the Buyer Advisory:

Desert Climate Concerns

The Advisory notes the importance of inspecting cooling systems, roof condition, and pest control measures that are particularly relevant in Arizona’s desert regions.

Water Issues

Given Arizona’s arid environment, the Advisory dedicates significant attention to water concerns, including well information, groundwater replenishment districts, and water rights adjudications that might affect properties.

Soil Stability

Arizona’s soil conditions can create unique challenges, with the Advisory noting that “the soil in some areas of Arizona has ‘clay-like’ tendencies, sometimes referred to as ‘expansive soil'” which can cause significant movement of structures.

Conclusion: Your Roadmap to Informed Home Buying

The Arizona Buyer Advisory represents much more than a standard disclosure form—it’s a comprehensive guide to conducting thorough due diligence when purchasing Arizona real estate. By embracing this document as an active tool rather than passive paperwork, you position yourself to make more informed decisions and potentially avoid costly surprises.

Remember that while the Advisory provides excellent guidance, it doesn’t replace the need for professional inspections and, in some cases, specialized consultations. As the document itself emphasizes: “Professional property inspections are absolutely essential: there is no practical substitute for a professional inspection as a measure to discover and investigate defects or shortcoming in a property.”

Ultimately, the Arizona Buyer Advisory serves as your roadmap to a more confident home purchase. By understanding and applying the guidance it provides, you take control of your due diligence process and move toward homeownership with clearer knowledge of what you’re buying.