Folks often ask me about buying raw land in Rim Country. Here is the first thing I check as your agent: Is this considered ‘un-subdivided land’?
According to Arizona Revised Statute (ARS) § 33-422, if a seller is selling five or fewer parcels of land in an unincorporated area (like many spots outside Payson city limits), they must provide you with an Affidavit of Disclosure at least seven days before transfer.
Why does the Mountain Bear care? Because ARS § 33-422 gives you, the buyer, a 5-day rescission period after you receive this affidavit. If that document shows no legal access or no water availability, we can walk away with your earnest money intact. Don’t sign a contract until we know if § 33-422 applies to your dirt.
If you are looking for that perfect slice of heaven in Rim Country—maybe a quiet acre in Star Valley or a wooded lot in Pine—you aren’t just buying dirt. You are navigating Arizona’s specific land laws.
Most buyers (and frankly, many agents) glaze over the paperwork. But as the Mountain Bear, I hunt for the details that protect your wallet. Today, we are talking about the Affidavit of Disclosure and why Arizona Revised Statute (ARS) § 33-422 is the most important number you need to know when buying raw land.
The “Wild West” of Unincorporated Land
Payson is unique. We have our main town, but we also have vast “unincorporated” areas surrounding us. When you buy land in a subdivision (like Chaparral Pines), there is a Public Report that tells you everything.
But what if you are buying a random lot from a seller who just owns a few acres? There is no Public Report. That is where ARS § 33-422 steps in to protect you.
What is the “5-Split” Rule?
According to the statute, if you are buying land that is:
- Unincorporated (not within city limits), AND
- Five or fewer parcels are being sold by the seller…
Then the Seller MUST provide you with an Affidavit of Disclosure.
This isn’t just a polite suggestion; it is the law. They must furnish this document at least seven (7) days before the property transfers to you.
What’s In The Affidavit? (The Detective Work)
This document is a truth serum for the land. Under ARS § 33-422, the seller has to answer specific questions under oath, including:
- Is there legal access to the property? (Or are you landlocked?)
- Is there physical access? (Is there actually a road?)
- Is the road public or private? (Who maintains it when it snows?)
- Is there water availability? (Crucial in Rim Country!)
- Is the property subject to fissures or expansion soils?
The “Mountain Bear” Safety Net: Your Right to Rescind
Here is why I love this statute for my buyers.
Once you receive that Affidavit of Disclosure, you have a 5-day rescission period.
Let’s say we are under contract. You get the Affidavit, and we spot a red flag—maybe the road maintenance agreement is non-existent. Because of ARS § 33-422, you have the right to rescind (cancel) the purchase within those five days and get your earnest money back. No questions asked.
The Bottom Line
Don’t let the beauty of the Ponderosa Pines distract you from the paperwork. If a seller tries to handshake their way through a land deal in an unincorporated area, ask them: “Where is the ARS 33-422 Affidavit?”