An Arizona deed is a legal document that transfers real property from a grantor (the seller) to a grantee (the buyer). The form must describe the property that will be transferred, contain the original signatures of the grantor and the grantee, follow specific recording requirements, and be acknowledged by a notary public to be accepted by the County Recorder’s Office. An Affidavit of Property Value must accompany every deed unless the property is transferred without monetary exchange.
Beneficiary Deed – This allows for the conveyance of a property from an owner to a beneficiary in the event of the owner’s death.
Deed of Trust – A conveyance whereby an impartial third party finances the grantee’s property purchase and holds on to the title until that debt is repaid.
General Warranty Deed – Guarantees the grantor holds the title for the property and that the property is free of any liens or encumbrances. The grantor will be held legally responsible for any title claims should they arise.
Quit Claim Deed – An agreement whereby the grantee accepts the property as-is and assumes any liabilities against title claims.
Special Warranty Deed – This deed is used when a grantor can only guarantee the property is free of any title issues during their ownership period and nothing prior.
- Statutes: Chapter 4 – Conveyances and Deeds
- Formatting: § 11-480
- Signing Requirements (§ 33-401): Notary Public
- Where to record (§ 11-468): County Recorder’s Office
- Recording fees (§ 11-475(A)(1)): $30
- Affidavit of Property Value: In accordance with § 11-1133, this affidavit must be attached to all deeds at the time of recording unless otherwise exempt.
- Homeowner’s Association (HOA) Addendum (§ 33-1260, § 33-1806): If the seller is transferring a condominium (§ 33-1202(10)) or a property located in a planned community (§ 33-1802(4)) then this document must be provided to the buyer.
- Property Disclosure Statement (Hill v. Jones, 151 Ariz. 81, 725 P.2d 1115 (1986): The grantor must inform the grantee of any material defects before the transfer.
- Swimming Pool Disclosure (§ 36-1681(E)): If the property has a pool, the grantee must be provided with this notice detailing the pool ownership responsibilities.
- Unincorporated Area (§ 33-422): A grantor selling a property in an area not governed by a municipality must provide the grantee with this form no later than seven (7) days prior to the transfer.