Wholesaling real estate in Arizona
Arizona has rules aimed at wholesaling: written wholesale disclosures. A.R.S. 44-5101 requires the applicable wholesale buyer or seller disclosure before a binding agreement for covered residential property. Omission creates statutory cancellation and earnest-money remedies.
What the research found
- Wholesaling review: Written wholesale disclosures.
- Closing: Confirm the local closing arrangement. Ask state counsel and the selected title company which legal, settlement, escrow and recording tasks each professional may perform. Local custom alone is not an attorney-only law.
- Scope: One to four residential dwelling units. Commercial, vacant-land, foreclosure-rescue and seller-financing deals need separately reviewed forms.
Checklist before you sign a wholesale contract in Arizona
- Confirm the permitted deal structure. State counsel must address licensing, registration, the actual marketing activity, assignment or novation, and any foreclosure, distressed-owner, or solicitation restrictions. Draft availability is not permission to wholesale without a license.
- Complete the required disclosure package. Record the current prescribed state forms, delivery timing and acknowledgements, or the attorney’s supported exemption determination. The general seller questionnaire does not replace statutory forms.
- Check federal lead-paint requirements. For covered pre-1978 housing, provide the federal disclosure, known reports and EPA pamphlet before the buyer becomes obligated, and preserve the inspection opportunity unless lawfully modified. Document an applicable exemption separately.
- Confirm the title and closing package. Obtain the legal description, ownership and signing authority, lien payoffs, occupancy documents, required riders, and the closing company’s acceptance of this specific agreement and fee structure.
- Deliver the wholesale disclosure before signing. Record the seller-facing wholesale-buyer disclosure and the assignee-facing wholesale-seller disclosure where applicable. Preserve statutory cancellation and deposit rights. This must be done before the purchase agreement is signed.
Arizona wholesaling questions
Is wholesaling real estate legal in Arizona?
Arizona has rules aimed at wholesaling: written wholesale disclosures. A.R.S. 44-5101 requires the applicable wholesale buyer or seller disclosure before a binding agreement for covered residential property. Omission creates statutory cancellation and earnest-money remedies.
Do you need an attorney to close a wholesale deal in Arizona?
The research snapshot does not identify an attorney-only closing rule for Arizona. Ask state counsel and the selected title company which legal, settlement, escrow and recording tasks each professional may perform. Local custom alone is not an attorney-only law.
What disclosures does a wholesale deal in Arizona need?
Deliver the wholesale disclosure before signing: Record the seller-facing wholesale-buyer disclosure and the assignee-facing wholesale-seller disclosure where applicable. Preserve statutory cancellation and deposit rights. For homes built before 1978, the federal lead-based paint disclosure and EPA pamphlet are required before the buyer is bound.
Can DealRivet draft a wholesale purchase agreement for Arizona?
Yes. DealRivet includes a cash-purchase draft and a conditional novation plan for one to four residential units in Arizona, with this state’s review checklist. Each draft must be reviewed by Arizona counsel and accepted by the closing company before anyone signs.