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Arizona real estate

Arizona real estate: buy or sell with a local AXEN agent

Arizona charges no tax to transfer a home, closes through escrow instead of a lawyer, and gives a buyer a 10-day inspection period to get out. Water and HOA paperwork are where deals actually snag. Here is what is the same everywhere in Arizona, and where to search homes.

City guides

Arizona cities we cover

Each guide covers the local neighborhoods, costs and rules for that city.

Statewide rules

What every Arizona buyer and seller should know

No transfer tax in Arizona

The state constitution blocks any NEW tax or fee for selling or transferring real property (art. 9, sec. 24). Anything already in place on December 31, 2007 was allowed to stay. There is no deed stamp here. You still pay the county recorder, which charges $30 per document under A.R.S. 11-475.

The Affidavit of Property Value rides with the deed

Most deeds have to be recorded with an Affidavit of Property Value listing the buyer, seller, legal description, date and price (A.R.S. 11-1133). The recorder will not take the deed without it unless an exemption applies, and the exemption has to be written on the face of the deed. Gifts, family transfers, court orders and trustee's deeds are common exemptions.

Escrow closes the sale, not a lawyer

Arizona uses escrow closings and escrow agents have to be licensed by the state. You do not need an attorney. Licensed brokers and salespeople are allowed to fill in purchase contracts, deeds and related forms at no extra charge.

The seller disclosure is a contract form, not a statute

The Seller Property Disclosure Statement is an Arizona REALTORS form, not something the legislature requires. A licensee can still be disciplined for misrepresentation under A.R.S. 32-2153. And A.R.S. 32-2156 says nobody has to disclose a natural death, suicide, homicide, felony, certain diseases, or a nearby sex offender.

10 days to inspect, then the BINSR clock

The standard Arizona resale contract gives the buyer a 10-day inspection period. You send a BINSR listing what you want fixed or accepting the home. The seller then has 5 days to answer and you have 5 days after that. Those days are contract terms, not law, so check the version you sign.

Water is a real question here

In an Active Management Area, land sold as a new subdivision needs a Certificate of Assured Water Supply showing a 100-year supply. Outside an AMA it depends on the county or town. Some have opted in to the same requirement. Where they have not, the subdivider only has to disclose that the water supply is not adequate. When property with a well changes hands, file ADWR Form 55-71A, which costs $30 per well. The state does not police shared-well agreements. That is a private matter between owners.

HOA papers in 10 days, and the fee is capped

An association has to hand over the resale package within 10 days. It can charge no more than $400, plus up to $100 for a 72-hour rush and up to $50 for an update (A.R.S. 33-1806 for planned communities, 33-1260 for condos). Those come out of escrow, once per sale. If the property sits in two associations, each one gets its own fee. Other transfer fees are not allowed, and an association that charges one can be liable for up to $1,200.

Rural land and new subdivisions carry extra paper

Selling five or fewer unsubdivided parcels in an unincorporated part of a county requires an Affidavit of Disclosure at least 7 days before transfer, and the buyer can cancel within 5 days of getting it (A.R.S. 33-422). For new subdivided lots, you have to get the Subdivision Public Report before you sign an offer.

Septic gets inspected before it transfers

If the home runs on a septic system instead of city sewer, state rule R18-9-A316 makes the seller have it inspected within the six months BEFORE the transfer date. Then the buyer files a Notice of Transfer within 15 calendar days after. On systems built since January 1, 2001 that notice goes to the county, not the state, and the county charges its own transfer fee. Book the inspection early, because a failed one means repairs before you can close.

What it costs

Closing costs in Arizona: who pays what

Who pays what in Arizona. Recording fees and the HOA caps are set by law. The rest is custom and can be negotiated.

Buyer pays How it works
Half the escrow fee Set by the escrow company. Commonly split down the middle.
Lender's title policy A filed rate based on your loan amount.
Home inspection A flat fee set by the inspector.
Termite report A flat fee. Only a certified applicator can issue one.
Appraisal A flat fee your lender orders.
Recording the deed and deed of trust $30 per document at the county recorder.
Affidavit of Property Value Filed with the deed. Counties include it in the flat recording fee.
HOA set-up costs Only what the statute allows, split however the contract says.
Seller pays How it works
Half the escrow fee Set by the escrow company. Commonly split.
Owner's title policy Customary for the seller in Arizona, but it is negotiable and varies by county.
HOA resale disclosure fee Up to $400, plus $100 for a rush and $50 for an update.
Property tax proration Taxes are paid in arrears, so they get split to the closing date.
Loan payoff and lien releases Your payoff statement plus $30 to record each release.
Septic transfer inspection Required by state rule within the six months before transfer, on any home with an on-site system. The inspector sets the fee and the county charges its own transfer fee on top.
Termite treatment or repairs Only if you agreed to it in the BINSR response.
Home warranty A flat fee. Negotiable, and usually a buyer request.
Transfer tax None. Arizona does not have one.

Escrow fees, title premiums and inspection prices are set by the companies, not the state, and who pays the owner's policy varies by county. Ask your AXEN agent for the numbers in your county before you sign.

Step by step

How a Arizona home purchase runs

From accepted contract to recorded deed, most Arizona sales run 30 to 45 days. Here is the order, and which parts are law rather than contract.

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  1. Open escrow and send earnest money. Your agent sends the signed contract to the escrow company and you wire the earnest money. A day or two.
  2. Title commitment. Escrow orders it and sends it to both sides. You get 5 days to object to what is on it.
  3. Seller delivers the disclosure statement. The seller fills out the SPDS and returns it, normally within 5 days of acceptance.
  4. Septic inspection, if the home has one. State rule requires it within the six months before transfer, and the seller arranges it. Do it early. A failed inspection means repairs before you can close.
  5. Inspection period. You hire your inspectors, including termite. The standard is 10 days from acceptance.
  6. BINSR and responses. You send the BINSR by the end of the inspection period. The seller answers within 5 days, and you answer within 5 days after that.
  7. HOA documents. The association delivers the resale package within 10 days. That deadline is state law.
  8. Loan work. The lender orders the appraisal and sends the loan status updates your contract requires. Weeks 2 through 4.
  9. Final walkthrough. You check the home and any agreed repairs in the last few days before closing.
  10. Sign, fund, record. Both sides sign at escrow, the lender funds, and escrow records the deed with the Affidavit of Property Value at the county recorder. Recording is what closes the sale.
Where people buy

Arizona by region

Most of Arizona's buyers are in the Valley, but the state is bigger than that. Tap a city for homes for sale there.

Phoenix core

The state capital and the middle of the metro, with the widest mix of neighborhoods and price points anywhere in Arizona.

East Valley

Big suburban cities east and northeast of Phoenix, known for master-planned communities and a heavy tech and healthcare employer base.

West Valley

Growing cities west and northwest of Phoenix with newer construction and a lot of active-adult communities.

Southern Arizona

Arizona's second metro, anchored by the University of Arizona and a large military and aerospace presence.

Who stands behind the deal

AXEN Realty in Arizona

Every AXEN agent in Arizona works under a licensed managing broker: Austin Zittel (AXEN Realty, LLC, firm license LC718266000). See every state on the state brokers page.

Buying? Start with the home buying guide and get pre-approved.

Selling? Read the home selling guide and get your home value.

Moving here? Read buying in a new state.

Real estate agent? Changing brokerages in Arizona: you start it online, your new broker approves; state fee: none listed on ADRE's fee schedule. See how to transfer an Arizona license, the switching checklist, advice for new agents and how keeping 100% works.

Straight answers

Arizona real estate questions

Do I pay a transfer tax when I sell in Arizona?

Not really. The Arizona Constitution blocks new taxes or fees for transferring real property from 2008 on, but let existing ones stand. You still pay to record documents, which is $30 per document at the county recorder, and the Affidavit of Property Value goes in with the deed.

Do I need a lawyer to close?

No. Arizona closes through licensed escrow agents at title companies. The escrow officer holds the money, clears title and records the deed. Licensed brokers and salespeople can fill out the contract and related forms without charging extra for it.

When are property taxes due?

Taxes are billed in arrears in two halves. The first half is due October 1 and late after November 1. The second half is due March 1 and late after May 1. Escrow splits them at closing.

What is Class 3 property?

Class 3 is a home used as a residence and lived in by the owner as a primary residence. It also covers a home lived in by a qualifying relative. The class affects how the county assesses it. Ask the county assessor to confirm yours.

How long does the HOA have to send documents?

Ten days. Under A.R.S. 33-1806 the association can charge up to $400 for the resale package, up to $100 more for a 72-hour rush, and up to $50 for an update. It cannot tack on other transfer fees.

How long is the inspection period?

The standard Arizona REALTORS resale contract uses 10 days from acceptance, but you and the seller can agree on a different number. You then deliver a BINSR, and each side gets 5 days to respond.

The home is on septic. What has to happen before closing?

State rule makes the seller have the system inspected within the six months before the transfer date. After closing, you file a Notice of Transfer within 15 calendar days, and on systems built since January 2001 that goes to the county with its own fee. Start early.

Is a termite inspection required?

Not by law. It is common practice and many lenders want it. Only an applicator certified in wood-destroying organism work can issue the report. Ask your lender early so it gets ordered in time.

I am buying rural land. Anything extra?

Maybe. If it is five or fewer unsubdivided parcels in an unincorporated county area, the seller has to give you an Affidavit of Disclosure at least 7 days before transfer, and you can cancel within 5 days of getting it. Water supply is the big question out there.