Seller’s Property Disclosure Statement and what is it?

Seller’s Property Disclosure Statement or SPDS and what is it?

The first lines of the SPDS form roughly states:  Arizona law A.R.S. 32-2156 requires the seller to disclose material important facts about the property to a potential buyer, even if seller is not asked regarding a certain condition of the property by the buyer or a real estate agent.

The form is a tool offered by Arizona Association of REALTORS® to assist sellers with their legal obligation to disclose.  The seller should answer the disclosure questions truthfully in order to avoid inadvertent non-disclosures.

Your real estate agent is prohibited from helping answer any of the questions listed on the SPDS.  But they can help explain the question(s).  Property owners may seek out the advice of a real estate attorney as well.

The form is divided into 6 general parts of legally required disclosures plus a short message to the Buyer and Seller:

  1. Ownership and General Property Informationpaper house with Magnifying Glass, House hunting on wooden background
  2. Building and Safety Information
  3. Utilities supplied to home
  4. Environmental Information
  5. Sewer/Waste Water Treatment
  6. Other Conditions and Explanations

It addresses items such as the presence of Scorpions, Termites, Electrical, Plumbing, Roof, Pool and or Spa, Noise issues.

Advice for the Buyer:

Other disclosure forms a buyer may receive other than SPDS may be Affidavit of Disclosure and Lead-Based Paint Disclosure.  But, understand that these disclosures are in no way a substitute for any inspections of the property during the Home Inspection period.  They are simply a tool to assist you during Home Inspection(s).