AZ · Flood-disclosure law

Does a Arizona seller have to disclose flooding?

Arizona has no general statutory residential seller-disclosure form, but sellers have a common-law duty to disclose known material facts (including flooding) that materially and adversely affect the property's value, and the industry-standard AAR SPDS form asks about flooding/drainage. A narrow statute (ARS 33-422) requires a FEMA-floodplain disclosure only for sales of five or fewer unsubdivided parcels in unincorporated county areas.

Arizona at a glance

General disclosure

A general property-condition disclosure captures flooding through a water/drainage or known-defect item, but has no dedicated flood-zone question.

DisclosureRequired

Opt-outNone

Primary-source verified· verified June 16, 2026

No general statutory residential disclosure act; common-law duty to disclose (Hill v. Jones line of cases). Ariz. Rev. Stat. § 33-422 (FEMA-floodplain affidavit, limited to 5 or fewer unsubdivided parcels in unincorporated areas).

The 4-card answer

Arizona flood-disclosure, decoded

Whether the seller must disclose, what triggers it, the penalties, and any opt-out gotcha — each card cites its source.

Does the seller have to disclose flooding?

Disclosure required

General disclosure

Arizona has no general statutory residential seller-disclosure form, but sellers have a common-law duty to disclose known material facts (including flooding) that materially and adversely affect the property's value, and the industry-standard AAR SPDS form asks about flooding/drainage. A narrow statute (ARS 33-422) requires a FEMA-floodplain disclosure only for sales of five or fewer unsubdivided parcels in unincorporated county areas.

A general property-condition disclosure captures flooding through a water/drainage or known-defect item, but has no dedicated flood-zone question.

No general statutory residential disclosure act; common-law duty to disclose (Hill v. Jones line of cases). Ariz. Rev. Stat. § 33-422 (FEMA-floodplain affidavit, limited to 5 or fewer unsubdivided parcels in unincorporated areas).Primary-source verified· verified June 16, 2026

What triggers the duty

Seller knows of a material latent defect or condition (e.g., past flooding, drainage problems) that materially and adversely affects value or desirability
Sale of five or fewer parcels of unsubdivided land in an unincorporated county area triggers the mandatory ARS 33-422 affidavit, which includes FEMA-floodplain status
Use of the AAR Resale Purchase Contract contractually obligates the seller to deliver the SPDS (industry contract, not statute)

Penalties & remedies

Varies; common-law liability for nondisclosure/fraud or misrepresentation. For ARS 33-422 affidavits, a release or waiver of seller liability for omissions/misrepresentations is not valid or binding on the buyer.

Buyer remedy: Varies; common-law remedies for fraud, misrepresentation, or rescission for failure to disclose known material defects. ARS 33-422 gives the buyer a 5-day right to rescind after the affidavit is furnished.

Opt-out gotchas

No statutory opt-out or waiver-for-credit mechanism identified. There is no statutory general disclosure form to opt out of; the common-law duty to disclose known material defects cannot be waived, and ARS 33-422 expressly voids any waiver/release of seller liability for that affidavit.

Research note ▾

Confirmed via azleg.gov: ARS 33-422 mandates a FEMA-floodplain disclosure but ONLY for sellers of five or fewer parcels of unsubdivided land in unincorporated county areas; it is NOT a general residential-sale flood statute. For ordinary home sales, the duty to disclose known material defects (including flooding) is common-law (Hill v. Jones); the AAR SPDS is an industry form, not statute. disclosure_required set true because a duty to disclose known flooding exists.

Buyer's rights

If you're buying in Arizona

Your rights re-framed from the buyer's side, plus a pre-closing checklist that holds in every state.

What Arizona law gives you as a buyer

Arizona requires a seller disclosure (see the answer cards), so you have a statutory document to rely on — and a remedy if the seller knowingly withheld a material flood fact. Varies; common-law remedies for fraud, misrepresentation, or rescission for failure to disclose known material defects. ARS 33-422 gives the buyer a 5-day right to rescind after the affidavit is furnished.

No general statutory residential disclosure act; common-law duty to disclose (Hill v. Jones line of cases). Ariz. Rev. Stat. § 33-422 (FEMA-floodplain affidavit, limited to 5 or fewer unsubdivided parcels in unincorporated areas).

Your pre-closing checklist (works in every state)

Pull a free FEMA flood-zone lookup
Enter the address on FEMA's Flood Map Service Center to see the property's flood-zone designation (Special Flood Hazard Area = Zone A/V). This is public and free, regardless of what the seller discloses.
msc.fema.gov ↗
Request a CLUE / loss-history report
A C.L.U.E. (Comprehensive Loss Underwriting Exchange) report shows insurance claims filed on the property in the last ~7 years, including water and flood claims. The current owner can pull theirs free once a year from LexisNexis.
LexisNexis consumer disclosure ↗
Get an independent inspection — ask about water
Hire your own inspector and specifically flag drainage, grading, sump pumps, and signs of past water intrusion (staining, efflorescence, fresh paint in basements). An inspection contingency protects you if problems surface.
Get a flood-insurance quote before you waive contingencies
Quote NFIP or private flood coverage early. Homeowners' insurance does NOT cover flood damage. A federally backed mortgage on a property in a Special Flood Hazard Area generally requires flood insurance — budget for it.
floodsmart.gov ↗

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Arizona

Does the seller have to disclose flooding?

Disclosure required

General disclosure

Arizona has no general statutory residential seller-disclosure form, but sellers have a common-law duty to disclose known material facts (including flooding) that materially and adversely affect the property's value, and the industry-standard AAR SPDS form asks about flooding/drainage. A narrow statute (ARS 33-422) requires a FEMA-floodplain disclosure only for sales of five or fewer unsubdivided parcels in unincorporated county areas.

A general property-condition disclosure captures flooding through a water/drainage or known-defect item, but has no dedicated flood-zone question.

No general statutory residential disclosure act; common-law duty to disclose (Hill v. Jones line of cases). Ariz. Rev. Stat. § 33-422 (FEMA-floodplain affidavit, limited to 5 or fewer unsubdivided parcels in unincorporated areas).Primary-source verified· verified June 16, 2026

What triggers the duty

Seller knows of a material latent defect or condition (e.g., past flooding, drainage problems) that materially and adversely affects value or desirability
Sale of five or fewer parcels of unsubdivided land in an unincorporated county area triggers the mandatory ARS 33-422 affidavit, which includes FEMA-floodplain status
Use of the AAR Resale Purchase Contract contractually obligates the seller to deliver the SPDS (industry contract, not statute)

Penalties & remedies

Varies; common-law liability for nondisclosure/fraud or misrepresentation. For ARS 33-422 affidavits, a release or waiver of seller liability for omissions/misrepresentations is not valid or binding on the buyer.

Buyer remedy: Varies; common-law remedies for fraud, misrepresentation, or rescission for failure to disclose known material defects. ARS 33-422 gives the buyer a 5-day right to rescind after the affidavit is furnished.

Opt-out gotchas

No statutory opt-out or waiver-for-credit mechanism identified. There is no statutory general disclosure form to opt out of; the common-law duty to disclose known material defects cannot be waived, and ARS 33-422 expressly voids any waiver/release of seller liability for that affidavit.

Research note ▾

Confirmed via azleg.gov: ARS 33-422 mandates a FEMA-floodplain disclosure but ONLY for sellers of five or fewer parcels of unsubdivided land in unincorporated county areas; it is NOT a general residential-sale flood statute. For ordinary home sales, the duty to disclose known material defects (including flooding) is common-law (Hill v. Jones); the AAR SPDS is an industry form, not statute. disclosure_required set true because a duty to disclose known flooding exists.

Summary of Arizona law as of June 2026. Not legal advice.

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