ATTENTION: REALTORS, SELLERS & BUYERS!
Beginning September 25th, Homewerx Home Inspections will be offering Arizona Disclosure Reports. Under a new Arizona law (H.B. 2779) effective September 21st, sellers and listing agents can greatly reduce their liability for disclosures by obtaining a "disclosure report" prepared by a third-party provider. To qualify, the disclosure report must must be based on officially adopted governmental maps, and must include disclosures on the following 9 conditions:
- Special Flood Hazard Areas
- Military Airports or Ancillary Military Facilities
- Military Training Routes
- Public or Private Airports
- Expansive Soils
- Soils Subject to Fissures
- Special Tax Assessment Areas
- Radon Gas Potential Zones
- Environmental Hazard Superfund Sites
While it is not mandatory, it is recommended that all sellers provide these reports to their buyers. However, disclosure reports are also available to buyers if the seller or builder does not provide one.
It's important to understand that the Arizona Disclosure Report does NOT replace the Seller's Property Disclosure Statement (SPDS) or other disclosures the seller is required to make! However, the new Arizona Disclosure Report contains information in 9 areas that sellers don't usually know much about. The new law basically says that if they obtain one of the new third-party disclosure reports, sellers & their agents will not be held liable for errors or ommissions in the disclosure report, unless they know the report to be incorrect and fail to disclose the correct information. In other words, the liability for the disclosure of those items is shifted from the seller/agent to the third-party provider of the disclosure report.
EDR-Certified!!! Arizona Disclosure Reports are available for as little as $89.00, so there's no reason to assume unnecessary liability when selling or listing a home!
Arizona Disclosure Report - $89.00 (Available in Maricopa & Pima County only)
(Sample AZ Disclosure Report)
This report discloses whether any of the 9 conditions listed above are known to be present within 300 feet of the property. This report meets the minimum requirements of Arizona's new disclosure law.
Neighborhood Environmental Report - $129.00 (Available in all AZ counties!)
(Sample Neighborhood Environmental Report)
If you order the Neighborhood Environmental Report, you will receive BOTH the Arizona Disclosure Report and the Neighborhood Environmental Report. In addition to disclosing whether any of the 9 conditions listed above are known to be present within 300 feet of the property, this report covers a much broader geographical area and also discloses known/potential contamination sites beyond 300 feet. Certain hazards are disclosed in this report if they're within a mile of the property (see distances below). This report also contains additional information that the Arizona Disclosure Report does NOT contain, such as whether there are any known meth labs in the area. Below is a list of the types of known/potential contamination sites disclosed in the Neighborhood Environmental Report:
1. Leaking underground tanks (within 1/2 mile)
2. Landfills (within 1/2 mile)
3. EPA Final Superfund sites (within 1 mile)
4. Water Quality Assurance Revolving Priority Fund Sites (within 1 mile)
5. EPA Proposed Superfund Sites (CERCLIS) (within 1/2 mile)
6. Arizona Superfund Program Sites (within 1 mile)
7. State Hazardous Waste Sites (within 1 mile)
8. Hazardous Waste Treatment Storage & Disposal Sites (within 1/2 mile)
9. Clandestine Drug Lab Sites (within 1/8 mile)
10. CDC Environmental Health Assessments (within 1/4 mile)
11. Active Department of Defense Sites (within 1/4 mile)
12. Former Department of Defense Sites (within 1/4 mile)
13. Manufactured Gas Plants (within 1/4 mile)
14. Radioactive Material Activity Sites (within 1/4 mile)
Commercial Disclosure Reports also available - Please call for pricing and other details.
For more information on the new law, read this article, "New Arizona Disclosure Reports Reduce Seller & Agent Liability".
Call today!
(480) 503-2611
TOLL FREE: 1-888-THE-WERX
Or Order Online!
NOTE: Homewerx Home Inspections offers Arizona Disclosure Reports and Neighborhood Environmental Reports in cooperation with third-party provider, Environmental Data Resources, Inc. (EDR), a national provider of environmental information.
Does the Neighborhood Environmental Report include all the same hazard disclosures as the Arizona Disclosure Report, or is it a totally different disclosure report than the Arizona Disclosure Report? Thanks.
Posted by: Michael R. | September 27, 2006 at 08:38 AM
Hi Michael,
Yes, if you order the Neighborhood Environmental Report, you will receive all the disclosures included in the Arizona Disclosure Report plus additional information such as that listed under 'Neighborhood Environmental Report' above. One of the major differences in the 2 reports that most people like is that the Neighborhood Environmental Report includes information on meth labs in the area. Also, the Arizona Disclosure Report only discloses hazards within 300 feet of the property, while the Neighborhood Environmental Report covers a larger area - it discloses those within 300 feet, as well as those beyond 300 feet. Certain hazards are disclosed if they are within a half mile of the property.
Since the Arizona disclosure law regarding these disclosure reports is so new, the Neighborhood Environmental Report (deluxe report!) is still being formatted to also include all of the information from the Arizona Disclosure Report. So currently, if you order the Neighborhood Environmental Report, you will receive both the Arizona Disclosure Report and the Neighborhood Environmental Report for $129. We expect the formatting of the Neighborhood Environmental Report to be finished shortly, so that it will contain all the disclosures from both reports.
Posted by: Scott Hubbard | September 27, 2006 at 11:21 AM
What is the turn around time on both the Arizona disclosure report and the AZ neighborhood environmental disclosure report?
Posted by: tom -AZ realtor | September 28, 2006 at 08:37 AM
Tom - Both the Arizona Disclosure Report and the Neighborhood Environmental Report will generally be emailed to you within 24 hours of the time they are ordered. If you prefer, the disclosure reports can be faxed or mailed.
Posted by: Scott Hubbard | September 28, 2006 at 09:05 AM
Can you do Arizona Disclosure Reports on commercial properties too, or are they just for AZ residential properties?
Posted by: Rachel Williams | September 28, 2006 at 09:53 AM
Rachel - The reports we currently offer are for residential properties. However, we will soon be offering commercial disclosure reports too, hopefully within the next 2 months. So be sure to check back with us! Thanks for visiting www.HomeInspectionBlog.com!
Posted by: Scott Hubbard | September 28, 2006 at 10:46 PM
It is important to understand that neither the Arizona Disclosure Report or the Neighborhood Environmental Report is a substitute for a Seller's Property Disclosure Statement (SPDS) or other seller disclosures. These new disclosure reports only cover very specific information about the property, and the seller is still responsible for making other necessary disclosures to the buyer.
Posted by: Scott Hubbard | September 29, 2006 at 11:10 AM
Scott, you have a great blog here.
I run a home inspection directory website out of Milwaukee WI.
I recently converted to the blog format using wordpress.
Yopu have a great site, very informative.
If you are interested in sharing ideas let me know. I think the blog platform is the way of the future.
Keep up the good work !
Kerry Mann
milwaukeehomeinspectors.com
Posted by: Kerry Mann | December 29, 2006 at 08:00 PM
Excellent service that I would like to add in Springfield, MO
Posted by: Sean O'Rear | April 25, 2009 at 10:31 AM
The new law basically says that if they obtain one of the new third-party disclosure reports, sellers & their agents will not be held liable for errors or ommissions in the disclosure report, unless they know the report to be incorrect and fail to disclose the correct information.
Posted by: mold inspection Miami | July 21, 2012 at 11:51 AM