Title 32 — Professions and Occupations
44 chapters · 1,581 sections in this title.
A.R.S. § 32-2175 Property management records; requirements; audits
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A. Property management firms shall keep a residential rental agreement, including any lease amendments and addenda, and related residential rental agreement documents for one year after the expiration of the rental agreement or until the rental agreement and related documents are…
A.R.S. § 32-2176 Payment of finder fees to apartment tenants; limits; prohibited activities; civil penalty; definitions
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A. Notwithstanding sections 32-2155, 32-2163 and 32-2165 or any other provision of this chapter, a property management firm or a property owner may: 1. Pay a finder fee to an unlicensed person who is a tenant in an apartment complex managed by the firm or owned by the owner. 2. A…
A.R.S. § 32-2181 Notice to commissioner of intention to subdivide lands; unlawful acting in concert; exceptions; deed restrictions; definition
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A. Before offering subdivided lands for sale or lease, the subdivider shall notify the commissioner in writing of the subdivider's intention. The notice shall contain: 1. The name and address of the owner. If the holder of any ownership interest in the land is other than an indiv…
A.R.S. § 32-2181.01 Power of commissioner to exempt certain subdivisions or fractional interests by special order
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A. The commissioner may in his discretion by special order exempt from any one or all of the provisions of this article certain subdivided lands or fractional interests therein upon written petition and upon a showing by the petitioner, satisfactory to the commissioner, that comp…
A.R.S. § 32-2181.02 Exempt sales and leases
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A. The following are exempt under this article: 1. The sale or lease in bulk of six or more lots, parcels or fractional interests to one buyer in one transaction. 2. The sale or lease of lots or parcels of one hundred sixty acres or more. B. The following are exempt from section …
A.R.S. § 32-2181.03 Lot reservations; expiration
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A. The notice of intent required by section 32-2181, subsection A or section 32-2195, subsection B and the issuance of a public report required by section 32-2183, subsection A or section 32-2195.03, subsection A are not required for any party to enter into a lot reservation on p…
A.R.S. § 32-2182 Examination of subdivision by commissioner; fee; time limit to determine violation
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A. The commissioner shall examine any subdivision offered for sale or lease and shall make public his findings. The total cost of travel and subsistence expenses incurred by the department in the examination, in addition to the initial filing fee provided for in this section, sha…
A.R.S. § 32-2183 Subdivision public reports; denial of issuance; unlawful sales; voidable sale or lease; order prohibiting sale or lease; investigations; hearings; summary orders
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A. On examination of a subdivision, the commissioner, unless there are grounds for denial, shall issue to the subdivider a public report authorizing the sale or lease in this state of the lots, parcels or fractional interests within the subdivision. The report shall contain the d…
A.R.S. § 32-2183.01 Advertising material; contents; order prohibiting use; costs of investigation; drawings or contests
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A. Within ten days after request by the commissioner, the subdivider shall file with the commissioner a copy of any advertising material used in connection with sales of the subdivided lands. B. No advertising, communication or sales literature of any kind, including oral stateme…
A.R.S. § 32-2183.02 Recording of actions
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A. Whenever the commissioner issues a cease and desist order, obtains a court order enjoining further sales, issues an order of prohibition or suspends approval of a subdivision, the action shall be recorded in the book of deeds in the office of the county recorder in any county …
A.R.S. § 32-2183.03 Civil liabilities
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A. When any part of the notice of intention filed pursuant to section 32-2181 contains an untrue statement of a material fact or omits a material fact required to be stated in such notice, the subdivider or agent shall be liable as provided in this section to any person who acqui…
A.R.S. § 32-2183.04 Surety bond requirement; form; cancellation; effective date; certificate of deposit
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A. In addition to any other fees assessed under this chapter, any subdivider prior to the sale or lease of any existing unimproved lots or parcels and any subdivider who is subsequently required to give notice under section 32-2181 or 32-2195 or who petitions for exemption under …
A.R.S. § 32-2183.05 Military training route disclosure; military electronics range disclosure; military installation, range and Arizona national guard site disclosure; residential property
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A. Any public report that is issued after December 31, 2004 pursuant to section 32-2183 or 32-2195.03 and that is applicable to property located under a military training route, as delineated in the military training route map prepared by the state land department pursuant to sec…
A.R.S. § 32-2183.06 Restricted air space disclosure; residential property
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A. Any public report that is issued after December 31, 2006 pursuant to section 32-2183 or 32-2195.03 and that is applicable to property located under restricted air space, as delineated in the restricted air space map prepared by the state land department pursuant to section 37-…
A.R.S. § 32-2184 Change of subdivision plan after approval by commissioner; notice
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A. It is unlawful for any subdivider, after submitting to the commissioner the plan under which a subdivision is to be offered for sale or lease, and securing his approval, to change the plan materially or to continue to offer lots or parcels within the subdivision for sale or le…
A.R.S. § 32-2185 Delivery of clear title by vendor on performance of contract by vendee
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It is unlawful to sell to any purchaser any subdivision lot or parcel that is subject to a blanket encumbrance, unless there is a provision in the blanket encumbrance, or in a valid supplementary agreement executed by the holder of the blanket encumbrance, enabling the purchaser …
A.R.S. § 32-2185.01 Sale of unimproved lots or parcels; conditions precedent; methods
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A. It is unlawful for the owner, agent or subdivider of subdivided lands to sell or offer to sell unimproved lots or parcels within a subdivision unless the sale complies with one of the following: 1. Execution, delivery and recording of a deed in good and sufficient form conveyi…
A.R.S. § 32-2185.02 Permanent access to subdivided land; rescindable sales
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A. No subdivided land may be sold without provision for permanent access to the land over terrain which may be traversed by conventional motor vehicle unless such provision is waived by the commissioner. B. Any sale of subdivided land which is without permanent access is rescinda…
A.R.S. § 32-2185.03 Deposit of fees
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All fees and earned expense collected under this chapter shall be deposited in the state general fund unless otherwise prescribed by law.
A.R.S. § 32-2185.06 Contract disclosures; contract disclaimers
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All agreements and contracts for the purchase or lease of subdivided land from a subdivider, owner or agent shall clearly and conspicuously disclose, in accordance with regulations adopted by the commissioner, the nature of the document, the purchaser's right to receive a copy of…
A.R.S. § 32-2185.07 Jurisdiction
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The commissioner shall not be denied jurisdiction over any person subject to the provisions of this article because of similar jurisdiction over such person by any other agency or the applicability to such person of any regulation prescribed pursuant to any other provision of law…
A.R.S. § 32-2185.08 Recordable forms of contracts
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Each purchaser of subdivided land under a contract as defined in section 33-741 shall be provided with a copy in recordable form of the contract on its execution by the purchaser and seller.
A.R.S. § 32-2185.09 Civil penalties; limitation
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A. A subdivider or agent who is subject to the jurisdiction of the department, who violates this chapter or any rule adopted or order issued by the commissioner or who engages in any unlawful practices defined in section 44-1522 with respect to the sale or lease of subdivided lan…
A.R.S. § 32-2186 Real estate recovery fund; liability limits; definitions
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A. The commissioner shall establish and maintain a real estate recovery fund for the benefit of any person aggrieved by any act, representation, transaction or conduct of a licensed real estate or cemetery broker or real estate or cemetery salesperson that violates this chapter o…
A.R.S. § 32-2187 Payments to real estate recovery fund
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A. In addition to any other fees, payments shall be made to the real estate recovery fund on application by any person, as follows: 1. For an original real estate or cemetery broker's license, twenty dollars. 2. For an original real estate or cemetery salesperson's license, ten d…
A.R.S. § 32-2188 Statute of limitations; service of summons; application for payment; insufficient monies; definition
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A. An action for a judgment that subsequently results in an order for payment from the real estate recovery fund shall not be started later than five years from the accrual of the cause of action. B. If an aggrieved person commences an action for a judgment that may result in an …
A.R.S. § 32-2188.01 Notice of claim to judgment debtor; response
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A. Within the same time prescribed by section 32-2188, subsection C for applying for payment from the real estate recovery fund, an aggrieved party who applies for payment shall serve notice of the claim on the judgment debtor, together with a copy of the application. The notice …
A.R.S. § 32-2188.02 Correction of deficiencies in the application
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A. If the commissioner determines that a claimant’s application fails to comply substantially with the requirements of section 32-2188 or rules adopted pursuant to this chapter, the commissioner, within thirty calendar days after receiving the application, shall mail an itemized …
A.R.S. § 32-2188.03 Investigation and discovery
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In considering and investigating an application, the department may use all appropriate means of investigation and discovery that are available pursuant to this chapter.
A.R.S. § 32-2188.04 Final decision and order on claim; notice
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A. The commissioner shall make a final written decision and order on a claim within ninety calendar days after receiving a completed application except in the following cases: 1. A proration hearing is pending under section 32-2188, subsection H. 2. An application is deficient or…
A.R.S. § 32-2188.05 Claimant's right to appeal denial of claim; service of notice of appeal; response; failure to file response
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A. A claimant whose application is denied pursuant to section 32-2188.04 may file within six months after receiving notice of a denial of the claim a verified application in the court in which judgment was entered in the claimant's favor for an order directing payment out of the …
A.R.S. § 32-2189 Management of fund
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A. The sums received by the commissioner pursuant to any provisions of this article shall be deposited, pursuant to sections 35-146 and 35-147, in the real estate recovery fund and shall be held by the commissioner in trust for carrying out the purposes of this article. B. On not…
A.R.S. § 32-2191 Commissioner's standing in court
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The commissioner may enter an appearance, file an answer, appear at the court hearing, defend the action or take whatever other action the commissioner considers appropriate on the behalf and in the name of the real estate recovery fund and take recourse through any appropriate m…
A.R.S. § 32-2192 Subrogation of rights; collection
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A. Before receiving payment from the fund, a claimant must complete and execute, as judgment creditor, an assignment of judgment lien and notice of subrogation and assignment of rights to the claimant’s judgment on a form provided by the department. B. If the commissioner has pai…
A.R.S. § 32-2193 Waiver of rights
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The failure of an aggrieved person to comply with all of the provisions of this article shall constitute a waiver of any rights hereunder.
A.R.S. § 32-2193.01 Effect of article on disciplinary action
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This article does not limit the authority of the commissioner to take disciplinary action against any licensee for a violation of this chapter or of the rules adopted pursuant to this chapter. The repayment in full of all obligations to the fund by any licensee does not nullify o…
A.R.S. § 32-2193.02 Surety bond requirement; form; cancellation; effective date; certificate of deposit
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A. In addition to any other fees assessed under this chapter, the commissioner may require that a real estate or cemetery licensee or person applying for a license or renewal of a license issued to real estate or cemetery brokers or salespersons under this chapter post a surety b…
A.R.S. § 32-2194 Exceptions
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This chapter does not apply to any of the following: 1. Any religious corporation, church, religious society or denomination, a corporation sole administering temporalities of any church or religious society or denomination, or any cemetery organized, controlled and operated by a…
A.R.S. § 32-2194.01 Notice to commissioner of intention to sell cemetery property; exceptions; restrictions
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A. Before offering cemetery plots for sale, the owner or agent shall notify the commissioner in writing and the notice shall contain: 1. The name and address of the owner. If the holder of any ownership interest in the cemetery is other than an individual, such as a corporation, …
A.R.S. § 32-2194.02 Examination by commissioner; fee
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Before cemetery plots are offered for sale the commissioner shall examine the cemetery and shall make public his findings. The total cost of travel and subsistence expenses incurred by the department in the examination, in addition to the initial filing fee provided for in this s…
A.R.S. § 32-2194.03 Issuance or denial of certificate of authority; voidable sale; order prohibiting sale; investigations by commissioner; public hearings; summary orders
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A. After examination of a cemetery application, the commissioner, unless there are grounds for denial, shall issue a certificate of authority authorizing the sale in this state of cemetery plots within the cemetery. The commissioner shall notify the department of health services …
A.R.S. § 32-2194.04 Contract disclosures; contract disclaimers
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A. In all agreements and contracts for the sale of cemetery plots from a cemetery, a broker or agent shall clearly and conspicuously disclose the following information: 1. The nature of the document, including grave site designation. 2. The nature of the cemetery, whether endowed…
A.R.S. § 32-2194.05 Advertising material; contents; order prohibiting use
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A. Within ten days after request by the commissioner, the cemetery owner or agent shall file with the commissioner a copy of any promotional and advertising material of any kind used directly or indirectly in connection with the sale of cemetery plots or any material changes in t…
A.R.S. § 32-2194.06 Records of transactions
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A. Cemeteries shall keep on file records of all documents in connection with all cemetery plot transactions handled by or through them. The records shall include but are not limited to: 1. All sales contracts. 2. Sales contract payment ledgers. 3. Certificates of burial rights. 4…
A.R.S. § 32-2194.07 Recording of actions
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A. If the commissioner issues a cease and desist order, obtains a court order enjoining further sales, issues an order of prohibition or suspends approval of a cemetery, the action shall be recorded in the office of the county recorder in any county in which the cemetery property…
A.R.S. § 32-2194.08 Administrative penalties
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A. Any cemetery owner, operator, broker or salesman subject to the jurisdiction of the department who violates any provision of this chapter or any rule or order promulgated by the commissioner, who deviates substantially from the provisions under which a certificate of authority…
A.R.S. § 32-2194.09 Civil liabilities
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A. If any part of the notice of intention filed pursuant to section 32-2194.01 contains an untrue statement of a material fact or omits a material fact required to be stated in such notice, the owner or agent is liable as provided in this article to any person who acquires a plot…
A.R.S. § 32-2194.10 Change of cemetery plan after approval by commissioner; notice; fee
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A. It is unlawful for any owner or agent, after submitting to the commissioner the plan under which cemetery plots are to be offered for sale and securing his approval, to change the plan materially without first notifying the commissioner in writing of the intended change. Mater…
A.R.S. § 32-2194.11 Delivery of clear title by cemetery of cemetery plots
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Cemetery plots shall not be sold which are subject to liens.
A.R.S. § 32-2194.12 Permanent access to cemetery land
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No cemetery may be sold without provision for permanent access.