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Buying

How buying a home works in Arizona, from offer to keys

In Arizona, most resale homes are bought on the Arizona REALTORS® Residential Resale Real Estate Purchase Contract, which sets an inspection period, the seller's disclosures and the closing date. During the inspection period the buyer investigates the home, reviews the seller's disclosure statement, insurance claims history and any HOA documents, and can ask the seller to address what they find, usually through the BINSR. Title and escrow companies usually hold the earnest money, clear title and close the sale.

General information, not legal, tax or financial advice. Confirm the specifics against your own contract and with your own attorney, tax professional or other advisers.

This describes the usual process. The contract you sign controls, and a real estate attorney can answer legal questions about it.

Before you tour: the buyer-broker agreement

Since August 17, 2024, under the National Association of REALTORS® settlement rules, a REALTOR® working with a buyer needs a written agreement with that buyer before touring a home with them, and ARMLS’s rules require the same of every agent in the MLS. In Arizona that’s usually the Arizona REALTORS® Buyer-Broker Exclusive Employment Agreement or a similar form. It states what the agent will do, for how long, and how and how much the agent is paid. Arizona law requires it to set out the compensation, have a definite duration or expiration date and be signed by everyone who’s a party to it (A.R.S. § 32-2151.02). Compensation is negotiable and isn’t set by law, and offers of compensation can no longer appear in the MLS. Read the term and the cancellation terms before you sign.

The offer: the purchase contract and earnest money

Most resale homes in Arizona are bought on the Arizona REALTORS® Residential Resale Real Estate Purchase Contract. The Arizona Department of Real Estate’s Buyer Advisory tells buyers to read it and understand their rights and obligations before submitting an offer. The contract sets the price, the earnest money, the financing terms, the close of escrow date and the deadlines that follow.

  • Earnest money is usually deposited with the escrow company named in the contract. Whether a buyer can get it back depends on cancelling within the contract’s contingencies and deadlines.
  • Contingencies include the inspection period, the loan and the appraisal. The Buyer Advisory warns that waiving one can put the earnest money at risk, and suggests independent legal advice before doing so.
  • Check which deadlines run from contract acceptance, and note that date.

The inspection period and the BINSR

The inspection period is the buyer’s time to investigate the home. The contract states its length, so check your own contract for the deadline. Plan every inspection and investigation to happen inside it.

Inspections commonly ordered in the Phoenix area include:

  • a general home inspection;
  • a roof inspection, which the Buyer Advisory recommends for a roof 10 years old or older;
  • a pool or spa inspection, since a general inspector may exclude them;
  • a wood-destroying insect (termite) report. The Arizona Department of Agriculture publishes guidance and lets you search a property’s past termite treatments;
  • a sewer line check, even when the listing says the home is on city sewer, which the Buyer Advisory suggests having a plumber or inspector confirm;
  • a septic inspection where the home isn’t on sewer (see below).

Before the inspection period ends, the buyer tells the seller in writing what they disapprove of, usually on the Buyer’s Inspection Notice and Seller’s Response (BINSR) form. Depending on the contract, the buyer can cancel, or ask the seller to correct or address the items. The contract sets how long the seller has to respond and what the buyer can do next, so check those deadlines in your own contract. Put any change to the price or terms in writing.

The seller’s disclosures

  • Seller’s Property Disclosure Statement (SPDS). Most sellers complete one. It asks the seller about the property and its condition. The Buyer Advisory says the broker isn’t responsible for verifying its accuracy, so buyers should review it and verify anything that concerns them. An agent must still disclose in writing any known adverse material fact or material defect in the property (A.A.C. R4-28-1101(B)). The contract sets when the seller delivers it, so check your own contract for the date.
  • Insurance claims history. The Buyer Advisory says property owners may request a five-year claims history from their insurance company, an insurance support organization or a consumer reporting agency. Check your own contract for what it asks the seller to provide, and when. Past claims can affect what the buyer pays for insurance, or whether a carrier will write the policy, so get quotes during the inspection period.
  • Lead-based paint. For a home built before 1978, federal law requires a lead-based paint disclosure.
  • Unsubdivided land. When the sale is of five or fewer parcels in an unincorporated area of a county, A.R.S. § 33-422 requires the seller to give the buyer an affidavit of disclosure at least seven days before transfer, and the buyer may rescind for five days after receiving it. See the land guide for more.

HOA and condominium documents

In a planned community or condominium, Arizona law requires a resale disclosure package: the declaration (CC&Rs), bylaws and rules, board-approved minutes of the last three open meetings, the budget, the latest financial report and reserve study, the current assessments and any special assessments, pending lawsuits and any unresolved violations cited against the home.

  • In a community of fewer than 50 units, the seller provides it within 10 days after accepting the offer.
  • In a community of 50 or more, the seller notifies the association, and the association sends it within 10 days of the notice.
  • The association may deliver it on paper or electronically.
  • The association’s fee for preparing it is capped at $400, with a rush fee of up to $100 for work needed within 72 hours and an update fee of up to $50 if 30 days or more have passed. Fees can’t be collected before close of escrow.

The Legislature amended both statutes in 2026 (Laws 2026, Chapter 249, signed June 22, 2026). The chapter has no effective date of its own, so it took effect on the general effective date for that session’s laws, September 12, 2026. Read the CC&Rs closely: they’re recorded against the property, and buying there means agreeing to be bound by them. They can govern rentals, exterior changes, parking and more.

Appraisal and the loan

If you’re financing, the lender orders an appraisal, and the contract’s appraisal and loan contingencies set what happens if the appraisal comes in below the price or the loan isn’t approved. The Buyer Advisory suggests applying for the loan before making an offer if you can, and sending the lender every document they ask for right away.

Title, escrow and closing

Arizona sales usually close through a title and escrow company. The escrow officer holds the earnest money, collects the documents and funds, and records the deed.

  • The title commitment lists what the title insurance policy won’t cover (the Schedule B exceptions): easements, recorded restrictions, liens and similar items. The Buyer Advisory tells buyers to get and read every document it lists, since some can affect plans like an addition or a pool.
  • Wire fraud is common around closings. Confirm wiring instructions by phone with the escrow officer, using a number you found yourself, before sending money.
  • The final walk-through happens shortly before close of escrow, to confirm the home’s condition and any agreed repairs.
  • The sale closes when the deed is recorded with the county recorder. The contract sets when the keys change hands.

Septic systems

If the home isn’t on a public sewer, it’s probably served by an on-site wastewater (septic) system. Arizona rules require a qualified inspector to inspect it within six months before the ownership transfers. In Maricopa County, the buyer files a notice of transfer with the county within 15 days after the transfer.

Before you sign

  • Read the contract, the SPDS, the HOA documents and the title commitment yourself.
  • Put every inspection on the calendar inside the inspection period.
  • Get insurance quotes early.
  • Ask Aaron about the steps on the Buying with Aaron page, or book a consultation. The area pages cover each area’s lots, homes and HOAs.

Sources

  1. Arizona Department of Real Estate and Arizona REALTORS®, Buyer Advisory (January 2025 edition), accessed October 30, 2026azre.gov
  2. Arizona REALTORS®, publisher of the Residential Resale Real Estate Purchase Contract, BINSR, SPDS and Buyer-Broker Exclusive Employment Agreement forms, accessed October 20, 2026aaronline.com
  3. A.R.S. § 33-1806, planned community resale disclosures, accessed October 30, 2026azleg.gov
  4. A.R.S. § 33-1260, condominium resale disclosures, accessed October 20, 2026azleg.gov
  5. Laws 2026, Chapter 249 (HB 2397), amending §§ 33-1260 and 33-1806, accessed October 30, 2026azleg.gov
  6. Arizona Legislature, general effective dates (2026 Second Regular Session: September 12, 2026), accessed October 30, 2026azleg.gov
  7. A.R.S. § 33-422, affidavit of disclosure for unsubdivided land in unincorporated areas, accessed October 30, 2026azleg.gov
  8. Maricopa County Environmental Services, onsite wastewater (septic) ownership transfer, accessed October 20, 2026maricopa.gov
  9. Arizona Department of Agriculture, termite and wood-destroying insect inspection reports, accessed October 20, 2026agriculture.az.gov
  10. National Association of REALTORS®, settlement FAQs (written buyer agreements from August 17, 2024), accessed October 20, 2026nar.realtor
  11. A.R.S. § 32-2151.02, real estate employment agreements, accessed October 30, 2026azleg.gov
  12. A.R.S. § 32-2151, where a broker holds entrusted money, accessed October 30, 2026azleg.gov
  13. A.A.C. R4-28-1101, licensee duties, in the Arizona Real Estate Law Book (2026 edition), accessed October 30, 2026azre.gov

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