2005 Arizona Revised Statutes - Revised Statutes §33-423  Disclosure; reports; indemnity; applicability

A. A disclosure report authorized pursuant to this section may be provided to the seller of real property by a third party as authorized by the seller and shall be based on officially adopted and electronically posted or otherwise readily available governmental maps or information that discloses whether the real property is subject to any of the following:

1. Special flood hazard areas designated by the federal emergency management agency pursuant to 42 United States Code chapter 50.

2. Military airports or ancillary military facilities as defined in section 28-8461 or as disclosed pursuant to section 28-8484 or 32-2113.

3. Military training routes as shown in the map produced pursuant to section 37-102 and military restricted airspace as shown in the map produced pursuant to section 37-102.

4. Public or private airports that are approved by the federal aviation administration.

5. Expansive soils as shown on maps issued by the natural resource conservation service or on other officially adopted and readily available governmental maps.

6. Soils subject to fissures as shown on maps issued by the Arizona geological survey or on other officially adopted and readily available governmental maps.

7. Special tax assessment areas as shown in the current tax records of the applicable county assessor.

8. Radon gas potential zones as shown on current maps issued by the United States environmental protection agency.

9. Environmental hazard superfund sites as shown in reports from the United States environmental protection agency or on maps issued by the department of environmental quality.

B. For any third party provider of information as prescribed by this section, the following applies:

1. A seller shall not be required to provide the written disclosure provided by this section to an insurance company, a lender or a governmental agency.

2. The third party provider shall carry insurance coverage with limits of at least ten million dollars per occurrence.

C. If an action is brought as a result of an error, inaccuracy or omission in the disclosure made only by the third party provider, the third party provider shall provide a defense against the action, shall indemnify the person for any judgment rendered and shall reimburse reasonable attorney fees and costs incurred in defending the action, unless the person had knowledge of the error, inaccuracy or omission or the person modified the disclosure and the modification resulted in the error, inaccuracy or omission. Nothing in this section shall be construed to prohibit a third party provider of information from agreeing by contract that the third party provider shall indemnify a person to a greater extent than is required by this section.

D. If information that is disclosed pursuant to this section is subsequently rendered inaccurate as a result of any governmental action, map revision, changed information or other act or occurrence after the delivery of the disclosure, no person is liable for the information that was disclosed unless the person had knowledge of the error, inaccuracy or omission.

E. This section shall not be construed to create a cause of action for the use of maps or other information pursuant to this section. This section does not apply to the sale of real property by any person pursuant to section 32-2183 or section 32-2195.03, or any affiliate of that person.