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    A.R.S. § 33-434.1

    Seller's Duty to Disclose Soil Remediation in Arizona

    Verified May 17, 2026 • 57th Legislature, 1st Regular Session

    If you are selling Arizona real estate that has gone through soil remediation under environmental rules, and you know about it, you must give the buyer written notice before transferring ownership. The disclosure rule does not apply when the cleanup met the standards for residential use.

    Title 33, CONVEYANCES AND DEEDS

    azleg.gov

    What This Statute Says

    Arizona law puts a specific disclosure burden on sellers whose property has had its soil cleaned up under state environmental remediation procedures. The duty is written, it triggers before closing, and it only applies when the seller actually knows about the remediation.

    An owner of property that has been subject to soil remediation conducted pursuant to section 49-104, subsection B, paragraph 16 shall, prior to transferring ownership of the property, give written notice of the remediation to the purchaser, if the owner has actual knowledge that the property has been subject to soil remediation. Written notice is not required where soil remediation attains standards for residential uses in accordance with rules adopted pursuant to section 49-104, subsection B, paragraph 16.

    A.R.S. § 33-434.01(A)

    Two practical limits jump out. The seller has to actually know about the cleanup. And the disclosure is not required if the remediated soil already meets the residential-use standard. Anything in between, the buyer gets written notice.

    When This Statute Comes Into Play

    The disclosure rule usually surfaces in three estate-planning contexts:

    • An inherited Arizona home or parcel is being sold by a personal representative who learns from old records that the property went through soil cleanup.
    • A surviving spouse selling community-owned land discovers a remediation file during a title search.
    • A trustee preparing trust real estate for sale uncovers the cleanup history during ordinary due diligence.

    In each case, the fiduciary owes the disclosure to the buyer. Failing to give written notice exposes the estate or trust to a civil claim under subsection B.

    What This Means for Arizona Families

    If you are administering an estate that includes Arizona real estate, environmental history is part of the diligence. It is not a hidden corner of probate. A short search of the property file or a conversation with the original owner often answers the question quickly.

    If the property was cleaned up, the law trusts you to put that fact in writing before the buyer signs. The protection runs both ways. Buyers get the truth. Sellers get a clean, predictable path to closing once the notice is delivered. Our FAQ on handling inherited Arizona property covers the broader pre-sale checklist. The warranty deed commonly used in arms-length sales already requires the seller to stand behind the title; this statute simply pulls one specific environmental fact into the open before that commitment becomes binding.

    A. An owner of property that has been subject to soil remediation conducted pursuant to section 49-104, subsection B, paragraph 16 shall, prior to transferring ownership of the property, give written notice of the remediation to the purchaser, if the owner has actual knowledge that the property has been subject to soil remediation. Written notice is not required where soil remediation attains standards for residential uses in accordance with rules adopted pursuant to section 49-104, subsection B, paragraph 16. B. Actions brought under this section for failure of the seller to provide such written notice to the purchaser shall proceed as other civil actions. C. For the purposes of this section, the term "residential use" means those uses of remediated property upon which there are dwellings where residents may reasonably be expected to be in frequent, repeated contact with soil, or other uses where natural persons are reasonably expected to be in similar contact, such as child care centers and elementary schools.

    This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

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