Free Arizona Residential Purchase Agreement Template

An Arizona residential purchase agreement is a contract between a home buyer and seller that fixes the price, conditions, and closing date. At closing, a deed moves title, and in Arizona that deed goes to the county recorder with a sworn statement about the sale.

Arizona’s recording rules touch almost every home sale. Build them into your Arizona residential purchase agreement early, and closing tends to go more smoothly.

Plan for an Affidavit of Property Value

Each deed transferring title, and any contract for the sale of real property, needs an affidavit attached at recording (A.R.S. § 11-1133). The buyer and seller, or the agent of either, certify it on a form approved by the Arizona Department of Revenue.

It covers details such as both parties’ names and addresses, the legal description, and the date of sale. For a home, it also asks whether the property will be owner-occupied or rented.

Expect the Recorder to Check It

Without a complete affidavit, the county recorder must refuse to record a deed or sales contract. The exception is a document carrying an exemption notation under § 11-1134. An affidavit is complete when every required item has an answer or reads “not applicable.”

Budget for the Filing Fee

The Navajo County Recorder’s instructions, for example, list a $2.00 fee for the affidavit. They also note that some transfers are exempt from both the affidavit and the fee. Fees can change, so check with your county recorder before closing.

Usually, yes, when the home is community property. Arizona requires both spouses to join in any deal to acquire, sell, or encumber an interest in real property (A.R.S. § 25-214(C)(1)). The rule excludes unpatented mining claims and leases under one year.

That rule covers buying as well as selling. A married buyer acquiring a community home, and a married seller selling one, should each plan for both spouses to sign.

Whether a home is community or separate property can take some sorting out. A local real estate attorney can tell you which rule applies.

These steps carry an Arizona sale through to the public record.

1. Sign the contract. Both parties, including any spouse who must join, sign the Arizona residential purchase agreement.
2. Prepare the deed. Your closing agent drafts the deed that transfers title at closing.
3. Complete the affidavit. Fill in every item on the Department of Revenue’s form, marking anything that doesn’t apply as “not applicable.”
4. Or note an exemption. If a § 11-1134 exemption applies, the deed carries that notation instead.
5. Record with the county recorder. Submit the deed with the affidavit, and pay the recording and affidavit fees.

Your contract should leave nothing important to memory. Cover:

• Names of every buyer and seller, plus each party’s marital status
• Street address and legal description of the property
• The price, any earnest money deposit, and how the buyer will pay
• Contingencies for inspection and appraisal
• Closing date, possession date, and who pays recording costs
• Whether the buyer plans to live in the home or rent it out