ARS § 11-1133 - Affidavit of Legal Value

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ARS §11-1133

ARS § 11-1133. Affidavit of Legal Value

by Richard Keyt, Arizona Real Estate Attorney

All documents offered to an Arizona county recorder for recording must satisfy the requirements of this statute or recording will be denied.

Arizona Revised Statutes Section 11-1133. Affidavit of Legal Value

A. Each deed evidencing a transfer of title and any contract relating to the sale of real property shall have appended at the time of recording an affidavit of the seller and the buyer to the transaction, or the agent of either the seller or buyer, or both, in a form approved by the department of revenue, who shall declare and jointly certify the following information:

The name and address of the buyer and seller.
The name and address where a tax statement may be sent.
The complete legal description of the property.
The situs address, if any, of the property.
The date of sale.
The total consideration paid for the property, the amount of cash down payment and whether or not the type of financing included cash, a new third party loan, a new loan from the seller, an assumption of an existing loan or an exchange or trade of property.
Whether or not the estimated market value of personal property received by the buyer equals five per cent or more of the total consideration.
The assessor's parcel number or numbers assigned to the real property by the county assessor or, in the case of a new parcel or parcels not yet assigned a parcel number, the parcel number or numbers of the previous parcel or parcels from which the new parcel or parcels are created.
The conditions of the transaction including the relationship, if any, of the parties.
The use and description of the property and, in the case of a residential dwelling, whether the property is to be owner-occupied or rented.
The name and address of the person to contact regarding information contained on the affidavit.

B. The county recorder shall refuse to record any deed and any contract relating to the sale of real property if a complete affidavit of legal value is not appended unless the instrument bears a notation indicating an exemption pursuant to section 11-1134.

C. An affidavit is complete for purposes of this section if all of the required information is stated on the affidavit form or is indicated on the form as "not applicable".

Affidavit of Property Value

Arizona county recorders will not record a deed unless one of the following applies:

The deed is offered for recording simultaneously with a completed, signed and notarized document called an Affidavit of Property Value. See the instructions for this form.
The deed contains language that the deed is exempt from the affidavit of value requirement because it involves a transaction that is exempt from the affidavit requirement by virtue of a specific exemption contained in A.R.S. § 11-1134.

If your deed involves an exempt deed or transaction listed on A.R.S. § 11-1134, then insert text in the deed similar to one of the following:

This Deed is a <insert language from the applicable subsection of subsection A> exempt from the requirements of Arizona Revised Statutes Section 11-1133 under Arizona Revised Statutes Section 11-1134.A.<insert applicable subsection of subsection A>.

This Deed is exempt from the requirements of Arizona Revised Statutes Section 11-1133 under Arizona Revised Statutes Section 11-1134.B.<insert applicable subsection of subsection B>.

About KEYTLaw.com

KEYTLaw.com and information about Arizona real estate matters are provided as a public service by Richard Keyt, a residential and commercial real estate attorney licensed to practice law in Arizona. Rick's telephone numbers are 602-906-4953, ext. 3 (voice) & 602-297-6890 (fax), and his email address is rickkeyt@keytlaw.com. Rick does not accept matters involving landlord / tenant disputes or litigation of any kind (other than tax lien foreclosures). Communicating with Richard Keyt via email or otherwise does not cause you to become a client or cause your communications to be confidential or subject to the attorney client privilege.

This page was last modified on January 20, 2010.

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