Browse Previous Page | Table of Contents | Browse Next Page

TITLE 32 PROFESSIONS AND OCCUPATIONS

CHAPTER 20 REAL ESTATE

ARTICLE 4 SALE OF SUBDIVIDED LANDS

32-2185.06. Contract disclosures; contract disclaimers.

All agreements and contracts for the purchase or lease of subdivided land from a subdivider, owner or agent shall clearly and conspicuously disclose, in accordance with regulations adopted by the commissioner, the nature of the document, the purchaser's right to receive a copy of the public report and, in the case of unimproved lots or parcels not exempted by regulation pursuant to section 32-2185.01, the purchaser's right to rescind the agreement as provided in section 32-2185.01. Any contract, agreement or lease which fails to make disclosures pursuant to this section shall not be enforceable against the purchaser. If the transaction involves a lot or parcel offered for present or future residential use, the contract, agreement or lease shall not waive or disclaim liability for prior material representations relied upon by the purchaser made by the seller and such seller's agents concerning the subdivision and lot or parcel involved, and any provision attempting to waive or disclaim liability is void.

Last Legislative Year: 1976


CASE NOTES


Third Party Purchasers.

The provisions of this section did apply to third party purchaser, as nothing in the definition of subdivided lands requires the lands to have been divided by the current owner. Alaface v. National Inv. Co., 181 Ariz. 586, 892 P.2d 1375 (Ct. App. 1994).

Browse Previous Page | Table of Contents | Browse Next Page