Do I Have to Disclose Known Problems When Selling My Home in Maricopa County, AZ?

Yes. If you're selling a home in Arizona, state law requires you to disclose material facts about your property's condition that you actually know about — things like a leaky roof, a cracked slab, a septic system that's given you trouble, or a pool pump that's on its last leg. Arizona uses the Seller's Property Disclosure Statement (SPDS), and while it's not technically mandated by statute in every transaction, it's the standard practice across the Arizona Regional Multiple Listing Service and something buyers and their agents expect to see. Skipping it, or filling it out carelessly, can leave you exposed to a lawsuit long after closing.

I'm Stephanie Pondevie, a bilingual REALTOR® in Maricopa County, AZ, and I help sellers navigate disclosure requirements every single week — especially on higher-value homes where buyers tend to ask more questions and dig deeper during due diligence. Let's walk through what you actually have to disclose, what you don't, and how to protect yourself while you sell.

What Arizona Law Actually Requires

Arizona is what's called a "buyer beware" state in some respects, but that doesn't mean sellers get a free pass. Arizona courts have consistently held that sellers have a duty to disclose material facts about a property that aren't easily observable by the buyer and that could affect the buyer's decision to purchase or the price they'd be willing to pay. This comes from case law (most notably Hill v. Jones) rather than one single statute, which is part of why so many sellers are confused about what's required.

In practice, this means you need to disclose known material defects — things you're actually aware of, not things you should have guessed. You're not required to hire an inspector before listing or to go digging for problems you don't know about. But if you know something is wrong and you don't say anything, you can be held liable after the sale closes.

The Seller's Property Disclosure Statement (SPDS)

Most Arizona home sales use the SPDS, a standardized form from the Arizona Association of REALTORS® that walks through categories like the roof, plumbing, electrical, HVAC, pool and spa equipment, water source, septic or sewer, past pest damage, structural issues, and any legal matters affecting the property (like easements, encroachments, or HOA disputes). You fill this out to the best of your knowledge and provide it to buyers, typically within a few days of going under contract.

The SPDS isn't just a formality — it's your best protection. A thorough, honest SPDS creates a paper trail showing you disclosed what you knew. If a buyer later claims you hid something, your SPDS is often the first document their attorney requests.

What You Do and Don't Have to Disclose

Here's where I see the most confusion from sellers, especially first-time sellers or those who've owned a home for decades and forgot what work was done years ago.

You generally need to disclose:

Known structural issues (foundation cracks, settling, roof leaks), past water damage or flooding, plumbing or electrical problems you're aware of, HVAC system age and any known issues, pool or spa equipment problems, septic system history and any repairs, known pest infestations (termites are common in Maricopa County), any unpermitted work or additions you know about, HOA violations or disputes, and material facts about the neighborhood that could affect value — like a planned development next door that you've been told about.

You generally don't need to disclose:

Cosmetic issues that don't affect function or safety, problems you genuinely don't know about, general neighborhood conditions that are publicly available information (like proximity to a highway), and — importantly — Arizona law specifically says you don't have to disclose whether a death occurred on the property or whether someone with a communicable disease lived there, unless directly asked.

Steps to Get Disclosure Right

Getting this right isn't complicated, but it does take a little time and honesty upfront.

1. Fill out the SPDS yourself, carefully. Don't let anyone else fill it out for you, and don't rush through it. Walk through the house room by room if you need to jog your memory about past repairs or issues.

2. Pull your records. If you've had any major repairs — a new roof, a water heater replacement, plumbing work — dig up the invoices or permits. This helps you disclose accurately and gives buyers confidence.

3. Disclose in writing, not verbally. If you mention something to a buyer's agent during a showing, that's not the same as disclosing it formally. Get it into the SPDS or a written addendum.

4. When in doubt, disclose it. If you're not sure whether something rises to the level of "material," the safer move is almost always to include it. A minor disclosure rarely kills a deal. An omission that surfaces after closing can cost you far more in legal fees than the repair itself would have.

5. Get a pre-listing inspection if you're unsure about your home's condition. This is optional, but for higher-value homes especially, a pre-listing inspection can surface issues you didn't know about, let you address them or disclose them properly, and give buyers more confidence going in.

Common Mistakes Sellers Make

The biggest mistake I see is sellers assuming that if they never had an issue "fixed," they don't need to mention it. If your roof leaked three years ago and you patched it yourself instead of hiring a roofer, that's still something to disclose — the patch may not be a permanent fix, and the buyer deserves to know.

Another common mistake: relying on memory alone for a home you've lived in for 15-20 years. A lot happens over that time, and it's easy to forget a slab leak from 2019 or a pest treatment from a few years back. Pulling old paperwork, home warranty claims, or even old emails with contractors can help refresh your memory.

I also see sellers who worry that disclosing too much will scare buyers away or tank their sale price. In my experience, it's the opposite. Buyers and their agents respect transparency, and a well-documented disclosure often speeds up the transaction because there's less back-and-forth during the inspection period. What actually scares buyers off — or worse, leads to a lawsuit — is finding out later that something was hidden.

Real-World Scenarios

Scenario 1: The AC replacement that wasn't quite right. A seller in Surprise had their AC unit replaced two years before listing, but the installer never pulled a permit for the work. The seller mentioned it in the SPDS under "unpermitted work," which let the buyer's agent negotiate a credit for a permit inspection rather than walking away from the deal entirely. Because it was disclosed upfront, it became a minor negotiation point instead of a deal-breaker discovered during the buyer's own inspection.

Scenario 2: The septic system nobody mentioned. In parts of unincorporated Maricopa County and cities like Wittmann or rural Buckeye, septic systems are common, and sellers sometimes forget these need regular pumping and inspection. A seller who hadn't had their septic serviced in years disclosed this honestly on the SPDS, which prompted the buyer to request a septic inspection as part of their due diligence — exactly as it should work. Compare that to a seller who doesn't disclose a known septic issue: if it fails within a year or two of closing, that seller could be looking at a lawsuit for a repair that can run well into five figures.

Why This Matters More on Higher-Value Homes

If you're selling a home in the $600K–$1.2M+ range, buyers in this price point tend to do more thorough due diligence. They're often working with experienced agents, ordering more detailed inspections, and sometimes bringing in specialists for pools, wells, or custom systems. That means gaps in disclosure are more likely to surface — and because there's more money at stake, the legal and financial consequences of an omission are bigger too. Getting your SPDS right isn't just a box to check; it's part of protecting a significant asset sale.

Frequently Asked Questions

What happens if I don't disclose a known problem?

You could face a lawsuit from the buyer after closing for damages, which might include the cost of the repair, diminished property value, and in some cases attorney's fees. Arizona courts take seller disclosure obligations seriously when a seller had actual knowledge and failed to disclose.

Do I have to disclose problems I fixed myself?

Generally, yes, especially if the repair was a patch rather than a permanent fix, or if you're not confident the work was done to code. Disclose what the original problem was and what you did about it.

What if I'm selling an inherited home and don't know its full history?

You disclose what you actually know. If you genuinely have no knowledge of a property's history because you inherited it and never lived there, say so on the SPDS rather than guessing. Consider a pre-listing inspection to help fill in gaps.

Does Arizona require a home inspection before I can sell?

No. Arizona doesn't require sellers to get an inspection before listing. Buyers typically order their own inspection during their due diligence period after going under contract.

Can a buyer waive their right to receive a disclosure statement?

In some cases, particularly in as-is or investor sales, buyers may waive certain disclosures, but this is uncommon in traditional resale transactions and should always be handled with proper legal documentation.

Is the SPDS legally required or just customary?

It's not mandated by a specific statute for every sale, but it's standard practice through the Arizona Association of REALTORS® contract forms and is used in the vast majority of MLS transactions across Maricopa County. Your underlying disclosure duty under Arizona case law exists regardless of which form you use.

What if I disclose something and the buyer wants out of the deal?

Depending on your contract terms, buyers typically have a due diligence period during which they can request repairs, a credit, or in some cases cancel the contract based on new information. This is a normal part of the process and, frankly, better than a lawsuit after closing.

Selling with Confidence in Maricopa County

Disclosure isn't about scaring you off from selling — it's about protecting you. A thorough, honest SPDS, paired with good records and a little extra time upfront, keeps your transaction clean and reduces your risk long after you've handed over the keys.

If you're getting ready to sell in Maricopa County and want help walking through your disclosure obligations, pricing strategy, or timing, I'd love to help. As a bilingual REALTOR® with ABR® and SRS® designations and 12+ years of experience — including a lot of work with expired listings and higher-value homes — I make sure my sellers go into their sale prepared, not blindsided. Reach out through yourhomecomesfirst.com and let's talk about your home and your next steps.