FACTS: An agent entered into a listing agreement to sell a property for a seller.  The agent had the seller fill out the Residential Seller’s Property Disclosure Statement (“SPDS”) at the time of the listing appointment.  The agent listed the property on the MLS and, three days later, the seller had a contract on his property.  The listing agent sent the SPDS to the buyer’s agent.  The buyer’s agent said the SPDS was unacceptable because it was signed and dated by the seller prior to contract formation.

ISSUE: Does the SPDS have to be dated on or after the contract date?

ANSWER: No.

DISCUSSION:         

The SPDS is a disclosure form offered by the Arizona REALTORS®  to assist sellers with their legal obligation to disclose material information to a buyer.  The Arizona REALTORS® Residential Resale Real Estate Purchase Contract (“Contract”) requires that the seller deliver a completed SPDS within three (3) days after Contract acceptance.  The SPDS, however, is not a part of the Contract and may therefore be dated before, on, or after the Contract date.  A good practice is to ensure the SPDS is signed and dated within a reasonable timeframe of Contract acceptance.