46 topics · Updated 2026-09-17
Upon execution of any transaction document, a licensee must expeditiously deliver a legible copy of the signed document and final agreement to each party signing the document.
During a listing agreement's term, a licensee must promptly submit to the client all offers to purchase or lease. With the seller/lessor's permission, the licensee may disclose to offerors the existence and terms of other offers. The licensee must submit all offers made before closing and is not released by the client's acceptance of an offer unless the client instructs in writing to stop, or the listing/lease/contract provides otherwise. The licensee may voluntarily submit offers regardless of listing limitations and may submit offers after the listing terminates.
A developer or agent must ensure any agreement/contract for sale or lease of a property interest requiring a public report contains, in bold or larger print above the signature portion, substantially the language: 'THE DEVELOPER SHALL GIVE A PROSPECTIVE PURCHASER A COPY OF THE PUBLIC REPORT AND AN OPPORTUNITY TO READ AND REVIEW IT BEFORE THE PROSPECTIVE PURCHASER SIGNS THIS DOCUMENT.' The contract must also conspicuously disclose the nature of the document.
In addition to A.R.S. §§ 32-2151.01 and 32-2174 requirements, the broker must retain copies of all receipts and disbursements, executed and delivered escrow closing statements evidencing all receipts and disbursements, and any transaction documents signed by parties or any disclosures made as part of the transaction.
An agency must serve notice identifying the alleged violation and the party's rights to a hearing and informal settlement conference.
The notice of appeal must contain specific information, and documents must be served by prescribed methods with address-update duties.
The commissioner may reinstate licenses depending on how they lapsed: expired licenses by renewal; canceled licenses by reapplication (within period) or original/renewal application (after expiration); terminated/revoked licenses by original application; and suspended licenses by reapplication or application once requirements are met or the suspension period ends.
Except for canceled licenses, reinstatement may not occur for any licensee who is the subject of a department investigation into alleged violations or of a pending administrative proceeding. Reinstatement does not lessen qualification requirements or the department's authority to deny.
The commissioner may reinstate expired, canceled, terminated, suspended, or revoked licenses through defined methods: expired by renewal application; canceled by reapplication or original/renewal application; terminated (recovery fund) by full repayment plus original application and proof of satisfied judgment; revoked by original application.
Except for canceled licenses, a license may not be reinstated for any licensee under department investigation or subject to a pending administrative proceeding under article 3.
Employing broker applications must name a qualified designated broker. For partnerships the DB must be a partner/officer/member of the general partner; a limited partner cannot be DB. Corporations require a resolution appointing the DB as an officer; LLCs require a member or manager DB. Entities must submit formation documents and Certificates of Good Standing.
The department will not license an employing broker under a dba similar to an existing broker if it would confuse the public. Before adding a dba/trade name, the employing broker entity must show at least 10% ownership of that name. Individuals cannot conduct business under any name other than their licensed name.
A broker shall not allow a salesperson or associate broker licensed through the brokerage to conduct licensed activity if the broker's only interest is receiving a fee for the use of the license.
To resign, a DB submits a resignation letter; entities remove a DB by resolution/agreement. The employing broker must cease business until compliance. Business may continue without interruption if the incoming DB completes the Change Form and required resolution/amendment on the same or next business day.
A non-resident employing broker with a principal office outside Arizona must maintain an Arizona trust/escrow account for AZ transactions, keep immediately available copies of AZ transaction documents, and identify an Arizona person holding the records. If employing licensees in-state, it must establish an AZ office or provide a statutory agent.
A successor in interest to six or more subdivision lots, six or more unsubdivided parcels, or twelve or more time-share intervals must obtain a new public report before offering or selling. The Department won't issue a new report if the previous developer failed to complete improvements until financial arrangements, neutral escrow, prior-purchaser permission, or adequate assurances are made.
The Department corrects its own errors at its own expense but not after the report has been in effect for 10 days; after that, the developer must use the amendment process. The Department may require earnest money in a neutral depository based on a revoked prior report or known failures; deposit is mandatory if the seller is in bankruptcy or the sale is conditional.
Sections 32-2199 through 32-2199.04 establish administrative hearing procedures, hearing rights and procedures, orders, penalties, disposition, and rehearing or appeal rights before the Office of Administrative Hearings.
Section 32-2199.05 establishes the condominium and planned community hearing office fund, funding the adjudication of HOA and community disputes.
The commissioner may impose civil penalties after a hearing for violations, with higher penalties for selling without a public report and defined limitation periods.
Cease and desist orders, injunctions, prohibition orders, or suspensions must be recorded in the county recorder's office where the property is located (and released when revoked). Violators may be assessed a civil penalty up to $1,000 per infraction after a hearing, with actions brought by the attorney general.
Owners/agents are liable for untrue statements or omissions in the notice of intention, and it is unlawful to use fraud schemes or material misrepresentations. Damages are measured by a statutory formula, and recovery caps at purchase price plus improvements and costs. Actions must be brought within specific limitation periods.
The declaration of dedication must include general provisions applicable to the timeshare property, covering association organization, property descriptions, assessments, discipline, management, use rights, insurance, and termination procedures.
A developer or agent is liable to purchasers for untrue statements or material omissions in the notice of intention or public report, or for selling in violation of 32-2197.09. Fraudulent devices, material misrepresentations, and deceptive practices are prohibited.
Damages are the difference between the amount paid (plus reasonable improvement costs) and the lesser of specified values. Prevailing purchasers recover attorney fees, and strict statutes of limitation apply.
The Department of Public Safety operates the central state repository to collect, store and disseminate complete and accurate Arizona criminal history records. It procures identification data, fingerprints, and dispositions for felonies, domestic violence, and specified enumerated offenses.
The director authorizes exchange of criminal justice information with criminal justice agencies for administration of criminal justice and with noncriminal justice agencies only when a statute, ordinance or executive order specifically authorizes it, requiring fingerprint submission and prescribed fees.
Agencies obtaining criminal justice information assume responsibility for its security and may not secondarily disseminate to unauthorized recipients. Criminal history information disseminated to noncriminal justice agencies or individuals may be used only for the purposes for which it was given.
Booking agencies must take legible ten-print fingerprints of persons arrested for listed offenses and obtain a process control number. Courts may order summoned defendants to be fingerprinted, and dispositions must be reported to the repository within forty days.
Statutory definitions include 'administration of criminal justice' (detection through rehabilitation), 'biometric data' (fingerprints, palm prints, face, tattoo, iris), 'booking agency' (county sheriff or municipal agency), and 'criminal history record information' (arrests, charges, dispositions, sentencing, release).
It is unlawful to sell or offer cemetery property under any promise that it may be resold at a profit. A conveyance made in violation of this section is void.
Substantive Policy Statements are advisory only and do not create binding requirements. They exclude internal procedural documents, do not impose additional requirements or penalties, and are not rules under the APA.
The purchase agreement must contain separate disclosures in at least ten-point type covering the ten-day cancellation, annual maintenance fees, that timeshares are not investments, contract finality, and complaint rights. The purchaser must initial each disclosure.
The developer must supervise, manage, and control all aspects of the offering including promotion, advertising, contracting, and closing. The developer is responsible for violations by sales agents and managing entities during offering activities.
Developers cannot receive escrowed monies until providing satisfactory evidence protecting purchasers from blanket encumbrances, through clear title, a recorded subordination document, transfer to a nonprofit/association, or approved alternative arrangements.
Before entering a purchase agreement, the seller must provide a separate disclosure of the duration and a loan estimate of the purchaser's total potential first-year financial obligation including all potential assessments.
It is unlawful for a licensed Arizona broker to employ or compensate any person for broker acts unless that person is also a licensed Arizona broker or a salesperson licensed under the compensating broker. A licensed broker may, however, pay/receive compensation from a broker lawfully operating in another state.
An Arizona broker may cooperate with an out-of-state broker only under a written cooperation agreement entered before the out-of-state broker acts. The agreement must list activities, include the out-of-state broker's agreement to comply with Arizona law and submit to jurisdiction, and state the Arizona broker accepts responsibility. All negotiations in Arizona and all principal funds must flow through/comply with the Arizona broker.
An out-of-state broker cannot conduct activity requiring an Arizona license even if paid by an Arizona broker. Offering brokerage services via a website for Arizona property requires an Arizona license. Out-of-state brokers cannot list/market/advertise Arizona property, place signs, or use a cooperation agreement to sell/lease to Arizona residents.
The public report must be furnished to each prospective customer (electronically or in hard copy) with a receipt taken. It must include owner/developer info, interest descriptions, accommodations/amenities, budget, title encumbrances, cancellation rights, and multisite disclosures.
The commissioner must examine and may physically inspect any timeshare plan offered or located in Arizona. Filing fees are per interest with a cap, and the developer bears examination costs.
An amended public report is subject to subsection A requirements. A developer may prepare an amended report, submit it with fees, and receive administrative completeness determination within specified timeframes based on component sites added.
The statute sets maximum fees: broker exam application $125, broker exam $100, broker license $250, broker renewal $400; salesperson exam application $75, salesperson exam $50, salesperson license $125, salesperson renewal $200; branch office $200. These fees are not refunded after a receipt is issued (except for good cause).
The statute sets maximum non-refundable fees: broker exam application $125, broker exam $100, broker license $250, broker renewal $400; salesperson exam application $75, salesperson exam $50, salesperson license $125, salesperson renewal $200; branch office broker license/renewal $200.
A corporation, partnership, or LLC is not assessed a fee for issuance of a broker's license. Other fees include change of name/address up to $20, duplicate license $5, and reinstatement within the license period $5. The commissioner may contract processing/examinations, not exceeding statutory caps.
Other fees include change of name/address up to $20, duplicate license $5, reinstatement within license period $5, certificate of correctness $1 plus reproduction cost, and temporary broker/cemetery salesperson licenses up to $50. Entities are not assessed a broker license issuance fee.
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