HB 2023 Arizona House · 57th Legislature - Second Regular Session

land divisions; disclosure affidavit; recording

HB 2023 requires sellers of five or fewer non-subdivided land parcels in unincorporated Arizona counties to provide buyers with a written disclosure affidavit at least seven days before closing. The affidavit must detail specific property conditions, including legal access, floodplain status, water source type (e.g., well or hauler), septic system details, and utility availability. Buyers gain a five-day right to cancel the sale if issues are disclosed. This law directly affects rural land sellers and buyers in unincorporated areas, aiming to standardize pre-transfer disclosures for transparency.

Bill status passed 3 of 5 stages cleared

Introduction

Dec 2025

Committee Review

Feb 2026

House Passage

Feb 2026

Senate Passage

Governor

Introduced Dec 2, 2025 Last action Mar 4, 2026

Maddy AI version diff · 1 comparison

What changed between versions

Introduced Version → House Engrossed Version (02/25/2026) · 6 edits · Feb 25, 2026

MODERATE

The bill was reorganized and expanded to include critical disclosures about water resources, wastewater systems, and military airspace restrictions. It now requires sellers to explicitly disclose if water must be hauled, the status of private wells, and whether the property is in a groundwater basin where water can be legally transported away. Additionally, the form now mandates details about septic systems, solar/battery leases, and military noise or airspace limitations.

Scope change

The scope of required disclosures was significantly broadened to cover utility infrastructure (water, sewer, power), environmental hazards (expansive soils, floods), and specific military restrictions, while clarifying exemptions for trustee sales and foreclosure.

REQUIREMENT

Added mandatory disclosures regarding water hauling services, private well registration status, and groundwater basin transport risks.

Added new questions requiring disclosure of on-site wastewater treatment facilities, septic tank pumping dates, and percolation test history.

Added requirements to disclose leases for solar energy devices and battery energy storage systems.

Added specific questions about military airport clear zones, noise zones, restricted airspace, and electronics ranges.

Revised the legal description of who must record the affidavit to clarify that subsequent sellers and their escrow agents must also record new affidavits.

Updated the affidavit form structure to replace vague checkboxes with specific, detailed questions for each utility and hazard category.

Floor votes · House Feb 25, 2026

How they voted

31–22

Passed · 7 other

Total votes 60

Feb 25, 2026

D Democratic27

22 Nay 5

81% Nay

R Republican33

31 Yea 2

93% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Feb 25, 2026

Lower · Passed

PASSED

lower

Feb 24, 2026

Lower · Passed

DPA

lower

Feb 9, 2026

Lower · Passed

lower

1 primary · 0 co-sponsors