FACTS:                    

The buyer submitted an offer on a home in an unincorporated and unsubdivided area.  As part of the offer, the buyer requested an affidavit of disclosure.  In the counter offer, the seller refused to provide an affidavit of disclosure.

ISSUE:                      

May the parties waive an affidavit of disclosure when otherwise required?

ANSWER:                

No.

DISCUSSION:         

When property being sold is in an unincorporated and unsubdivided area, an affidavit of disclosure must be provided by the seller at least seven days before the close of escrow.  A.R.S. § 33-422.  Accordingly, the affidavit of disclosure may not be waived by the parties.