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OpenDocumentAn Arizona general warranty deed is a property transfer tool where the grantee (buyer) receives property with the promise from the grantor (seller) that the title is free and clear of any defects. Defects could include mechanics liens against the title, outstanding mortgages, and easements. Additionally, the grantor assures them that they are the rightful owner and have the legal right to sell the property. In the case where a claim against the party does arise after the deed has been executed, the grantor will be obligated to defend the title for the grantee.
- Statute: § 33-402(3)
- Formatting: § 11-480
- Signing Requirements (§ 33-401(B)): Notary Public
- Where to record (§ 11-468): County Recorder’s Office
- Recording fees (§ 11-475(A)(1)): $30
- Forms:
- Affidavit of Property Value: As stated in § 11-1133, unless it meets one of the exemptions outlined in § 11-1134, this affidavit must be filed with every conveyance.
- Homeowner’s Association (HOA) Addendum (Sample) (§ 33-1260, § 33-1806): The seller must provide this document to a buyer if the property transfer involves a condominium or the property is located in a planned community.
- Property Disclosure Statement (Hill v. Jones, 151 Ariz. 81, 725 P.2d 1115 (1986): This document details any material defects that may affect the property value, and it must be provided to the buyer before the property transfer can be completed.
- Swimming Pool Disclosure (§ 36-1681(E)): The Arizona Department of Health Services has created this notice that must be provided to homebuyers buying a property with a pool to educate them on pool safety.
- Unincorporated Area (§ 33-422): A property transfer where the property is located in an area without an organized municipal government can only be completed if the seller is provided this document.