How to sell land
in Arizona.
A 2026 guide.

Most vacant land in Arizona sits in unincorporated county areas, and selling it comes with one rule many owners have never heard of. Under A.R.S. § 33-422, you must give the buyer a signed, notarized Affidavit of Disclosure at least seven days before the transfer, and the buyer can back out for five days after receiving it. This guide covers what that affidavit asks, the water and access questions behind it, and what a cash land buyer has to tell you in writing.

By Adam Z., Acquisitions, Lions Capital Deals · Last verified October 11, 2026 · General information, not legal advice.

Does the Arizona affidavit apply to my land?

It applies to "a seller of five or fewer parcels of land, other than subdivided land, in an unincorporated area of a county and any subsequent seller of such a parcel" (A.R.S. 33-422(A)). In practice that covers most rural lots and acreage outside city limits: Golden Valley and Dolan Springs in Mohave County, Tonopah and Wittmann in Maricopa County, the land around Arizona City in Pinal County, and similar areas. If your parcel is inside a city or town, or is a lot in a recorded subdivision, the rule may not apply; check with your title company.

The rules on timing are short and strict:

  • The affidavit goes to the buyer at least seven days before the transfer, and the buyer acknowledges receiving it (33-422(A)).
  • The buyer may rescind for five days after it is furnished (33-422(D)).
  • The seller records it with the deed (33-422(E)), so it becomes part of the public record.
  • It must be in 12-point type, and any waiver of the seller's liability for an omission or misrepresentation in it "is not valid or binding on the buyer" (33-422(B), (C)).

What the 24 items ask, in plain English.

The statute prints the form itself. Grouped by topic, it asks you to state:

  • Access. Whether there is legal access and physical access, whether they are the same, and whether a surveyor or engineer has said the access is traversable by a two-wheel-drive car (items 1–4).
  • Roads. Whether roads are publicly maintained, privately maintained or not maintained, and whether there is a recorded road maintenance agreement (item 5). Roads not accepted for county maintenance are the owners' responsibility.
  • Flood and ground. Whether any part is in a FEMA regulatory floodplain, and whether the land is subject to fissures or expansive soils (items 6–7).
  • Utilities and water. Which services reach the property today; whether water is hauled to it (if so, the hauler's name and the water supply); whether it is served by a water company, municipal provider, private well, shared well or no well; and whether it is part of a water-rights adjudication (items 8–11).
  • Septic. Whether there is an on-site wastewater system, whether one will be needed, and whether a percolation test has been done (items 12–13).
  • Leased equipment. Solar or battery devices and who leases them (items 14–15).
  • Zoning and land division. Whether the parcel meets county zoning minimums, and whether the sale meets Arizona's land-division laws (items 16–17). The form warns that if those rules were not met, "the property owner may not be able to obtain a building permit."
  • Military zones. Clear zones, high-noise zones, restricted airspace, electronics ranges and military influence areas (items 18–23).
  • Title limits. Any lis pendens, court order, state real estate department order or pending action that limits use (item 24).

"Unknown" is an allowed answer on several items. Answer honestly: the affidavit is signed under penalty of perjury and recorded.

Water: the question every Arizona land buyer asks first.

A lot of rural Arizona land has no water service, and that is normal. Item 9 of the affidavit asks whether the property "is served by a water supply that requires the transportation of water," and if so, the hauler and the supply. In Golden Valley, for example, the county-run improvement district sells hauled water from standpipes, at $6 per 1,000 gallons in-district and $10 out-of-district (Mohave County).

Inside Arizona's Active Management Areas, water supply also shapes what developers will pay for larger tracts. For new subdivisions there, the developer has to show a 100-year assured water supply before selling lots (Snell & Wilmer). In Pinal County, the Department of Water Resources said in 2021 that it "will not approve new assured water supply applications seeking to utilize groundwater within the existing Pinal model domain" (ADWR). In March 2026, Arizona Water Company received the first Pinal AMA designation in more than 20 years (ADWR), which is why it matters which provider's area your land is in.

Access, roads and land splits.

Buyers price access before almost anything else. Many rural roads are not county roads: in Mohave County, a road has to be petitioned into county maintenance, and "primitive" roads may be graded once a year or less (Mohave County). If your parcel came from an earlier lot split, item 17 matters too: Arizona law makes it unlawful to act in concert to divide land into six or more lots to avoid subdivision rules, and a parcel created that way may have trouble getting a building permit.

Selling to a cash land buyer: what they must tell you.

Some cash buyers do not keep the land. They sign a purchase contract and assign it to another buyer. Arizona requires that to be said out loud. Under A.R.S. 44-5101, before any binding agreement "a wholesale buyer of residential real property shall disclose in writing to the seller that the buyer is a wholesale buyer." If it does not, "the seller may cancel the contract for sale at any time prior to the close of escrow without penalty and may retain any earnest money." The statute defines residential real property as real property with fewer than five dwelling units. Whether that reaches vacant land is not spelled out, so ask any cash buyer directly, and expect the answer in writing.

Our policy: if we may assign our purchase contract to another buyer, we say so in writing before you sign anything.

Your three ways to sell.

1. List with a licensed agent

An agent markets the land to retail buyers, which can get the highest price for a parcel with good access and water. Expect a commission and a longer timeline, and the 33-422 affidavit still applies.

2. Sell it yourself

You save the commission but handle the affidavit, buyer questions and escrow yourself. A title and escrow company can walk you through the recording side.

3. Sell to a direct land buyer

Usually faster and simpler, especially for parcels with hauled water, rough roads or unclear access, at a price that reflects those issues. Ask how they priced it and whether they intend to assign.

How Lions Capital Deals buys Arizona land.

We look at vacant lots and acreage in Mohave County (Kingman, Golden Valley, Valle Vista, Dolan Springs, Meadview), Maricopa County's outer West Valley (Buckeye, Tonopah, Wittmann), Pinal County (Arizona City, Casa Grande, Eloy, Maricopa) and Santa Cruz County (Rio Rico).

  1. Send us the parcel number (APN), address or a map pin.
  2. We check access, the road, water options, the flood map and, where relevant, the state earth-fissure maps before we quote.
  3. We reply within one business day, with a written offer or the questions we need answered first.
  4. If we may assign the contract, we tell you in writing before you sign.
  5. Closing runs through a title and escrow company, and we help you gather what the affidavit asks.

Common questions.

Do I need an Affidavit of Disclosure to sell land in Arizona?

If you are selling five or fewer parcels of land, other than subdivided land, in an unincorporated area of a county, yes. A.R.S. 33-422 requires the seller, and any later seller of that parcel, to give the buyer a written, notarized affidavit of disclosure at least seven days before the transfer.

Can the buyer back out after getting the affidavit?

Yes. Under A.R.S. 33-422(D) the buyer can rescind the sale for five days after the affidavit is furnished. The seller records the signed affidavit with the deed.

What does the Arizona land affidavit ask about?

Its 24 items cover legal and physical access, whether the road is maintained, FEMA floodplain, fissures and expansive soils, utilities, hauled water and the water source, septic and percolation tests, zoning, whether the land division met state and county rules, military airport zones, and any encumbrance that limits use.

What must a cash land buyer disclose in Arizona?

Under A.R.S. 44-5101 a wholesale buyer of residential real property, meaning a buyer who assigns the purchase contract to someone else, must disclose that in writing before any binding agreement. If it does not, the seller may cancel before close of escrow and keep any earnest money.

Can I sell Arizona land that has no water or power?

Yes. Many rural Arizona parcels rely on hauled water or a future well. The affidavit asks you to disclose it, including the water hauler and supply if water is being hauled to the property today.

Sources.

  1. A.R.S. § 33-422, Land divisions; recording; disclosure affidavit
  2. A.R.S. § 44-5101, Wholesale buyers; wholesale sellers; disclosure
  3. Arizona Department of Water Resources, Pinal groundwater supply updates
  4. Arizona Department of Water Resources, March 5, 2026 news release
  5. Snell & Wilmer, assured water supply in Active Management Areas (2023)
  6. Mohave County, Golden Valley Improvement District water
  7. Mohave County, three standards of roadway maintenance

Selling in another state? Read our Texas guide or Florida guide.

Have Arizona land to sell?
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