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2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-2151.02 - Real estate employment agreements; definition

32-2151.02.
Real estate employment agreements;  definition
A. All real estate employment agreements shall:
1. Be written in clear and unambiguous language.
2. Fully set forth all material terms,  including the terms of broker compensation.
3. Have a definite duration or expiration date,  showing dates of inception and expiration.
4. Be signed by all parties to the agreement.
B. An employing broker shall not assign a real estate employment agreement to another broker without the express written consent of all parties to the agreement at the time of the assignment.
C. A licensee shall not procure,  or attempt to procure,  a real estate employment agreement from a party who is already subject to an existing exclusive real estate employment agreement unless the licensee has received written acknowledgment from the party that the execution of additional real estate employment agreements could expose the party to liability for substantial additional commissions. Nothing in this subsection shall be construed to abrogate any civil liability of a licensee arising out of this conduct.
D. A real estate employment agreement is not required for a licensee to represent a party in a transaction.
E. For the purposes of this section,  " real estate employment agreement"  means a written agreement by which a real estate broker is entitled to compensation for services rendered pursuant to section 44-101,  paragraph 7.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-2152 - Action by broker or salesperson to collect compensation

32-2152.
Action by broker or salesperson to collect compensation
A. An action for the collection of compensation earned may be maintained in the courts of the state by any broker or salesperson. To commence the action the complaint shall allege that the plaintiff was a qualified licensed broker or salesperson at the time the claim arose. Prior to hearing the action the court shall require the plaintiff to prove the alleged qualifications.
B. The commissioner shall not entertain complaints regarding purely civil disputes between licensees concerning the earning,  splitting or nonpayment of compensation.
C. Nothing in this section shall be construed to permit the payment or receipt of compensation in violation of sections 32-2155 or 32-2163.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-2153.01 - Consent order; terms

32-2153.01.
Consent order;  terms
In addition to any other authority granted to the commissioner in this chapter to issue orders,  the commissioner may issue a consent order on the agreement of both parties to an appealable agency action or a contested case. The order shall include terms that the parties agree on and that the commissioner,  in the commissioner's discretion,  believes are appropriate.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-2154 - Cease and desist orders; hearing

32-2154.
Cease and desist orders;  hearing
A. If it appears to the commissioner that any person has engaged,  is engaging or is preparing to engage in any act,  practice or transaction that constitutes a violation of this chapter or any rule adopted or order issued by the commissioner,  the commissioner may issue an order directing any person to cease and desist from engaging in the act,  practice or transaction or doing any act in furtherance of the act,  practice or transaction,  to make restitution or to take appropriate affirmative action,  within a reasonable period of time as prescribed by the commissioner,  to correct the conditions resulting from the act,  practice or transaction.
B. A person aggrieved by a cease and desist order issued by the commissioner pursuant to this section may request a hearing pursuant to title 41,  chapter 6,  article 10 and the commissioner may issue the order or orders as the commissioner deems necessary to protect the public interest. The commissioner may also bring an action in any court of competent jurisdiction against the person to enjoin the person from continuing in violation of this chapter. These proceedings shall be promptly instituted and determined.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-2155 - Restriction on employment or compensation of person as broker or salesperson

32-2155.
Restriction on employment or compensation of person as broker or salesperson
A. A broker shall employ and pay only active licensees,  and a licensee shall accept employment and compensation as a licensee only from either or both of the following:
1. The legally licensed broker to whom the licensee is licensed.
2. An employer other than the legally licensed broker as described in paragraph 1 of this subsection if the all of the following apply:
(a) The employer holds a license.
(b) The licensee is the employer's employee and receives a federal form W-2 wage and tax statement.
(c) The employer has the same employing broker as the licensee.
(d) The employer obtains written permission from the employing broker to pay the licensee.
B. If the licensee is licensed through a professional corporation or a professional limited liability company,  the employing broker may pay and the licensee may receive compensation only through the licensed professional corporation of which the licensee is an officer and shareholder or the licensed professional limited liability company of which the licensee is a member or manager.
C. It is unlawful for a person,  firm or corporation,  whether an obligor,  escrow holder or otherwise,  to pay or deliver to anyone compensation for performing any of the acts specified by this chapter,  as a broker,  who is not licensed at the time the service is rendered. An identification card or certificate of license issued by the state real estate department showing that the person,  firm or corporation holds a license for the year in which the payment is made or earned is sufficient proof to relieve from any penalty for a violation of this section the obligor,  escrow holder or other person who relied in good faith on the card or certificate.
D. A real estate broker or real estate salesperson shall not collect compensation for rendering services in negotiating loans secured by real property unless all of the following apply:
1. The broker or salesperson is licensed pursuant to title 6,  chapter 9 or is an employee,  officer or partner of a corporation or partnership licensed pursuant to title 6,  chapter 9.
2. The broker or salesperson has disclosed to the person from whom the compensation is collected that the broker or salesperson is receiving compensation both for real estate brokerage,  when applicable,  and for mortgage broker services.
3. The compensation does not violate any other state or federal law.
E. Notwithstanding subsection A or B of this section,  brokers licensed under this chapter may employ residential leasing agents or managers of residential rental properties,  as prescribed by section 32-2121,  subsection A,  paragraph 6. The exemption of residential leasing agents or managers of residential rental property under article 2 of this chapter does not exempt the designated broker from the responsibility to exercise reasonable supervision over these leasing agents or managers.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-2156 - Real estate sales and leases; disclosure

32-2156.
Real estate sales and leases;  disclosure
A. No criminal,  civil or administrative action may be brought against a transferor or lessor of real property or a licensee for failing to disclose that the property being transferred or leased is or has been:
1. The site of a natural death,  suicide or homicide or any other crime classified as a felony.
2. Owned or occupied by a person exposed to the human immunodeficiency virus or diagnosed as having the acquired immune deficiency syndrome or any other disease that is not known to be transmitted through common occupancy of real estate.
3. Located in the vicinity of a sex offender.
B. Failing to disclose any fact or suspicion as set forth in subsection A shall not be grounds for termination or rescission of any transaction in which real property has been or will be transferred or leased.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-2157 - Written notice of charges; summary suspension; hearing; voluntary surrender of license

32-2157.
Written notice of charges;  summary suspension;  hearing;  voluntary surrender of license
A. Except as provided in subsections B and C of this section,  before suspending,  revoking or denying the renewal or the right of renewal of any license,  or issuing any order prohibiting the sale or lease of property or the sale of cemetery lots or membership camping contracts as provided by this chapter,  the commissioner shall present the licensee,  owner,  including the current owner of the property,  operator,  agent or developer with written notice of the charges filed against the person,  or reasons for prohibiting the sale or lease,  and shall afford the person an opportunity for a hearing pursuant to title 41,  chapter 6,  article 10. Within twenty days after service of a notice of hearing,  the respondent shall appear by filing a written answer to the complaint. A licensee against whom the department has commenced a disciplinary proceeding under this chapter may voluntarily surrender to the department the license if the surrender of the license occurs not less than ten days prior to a hearing under this section. After the acceptance of a voluntary surrender of a license under this section the department shall not thereafter issue a license under this chapter to the licensee.
B. If the commissioner finds that the public health,  safety or welfare imperatively requires emergency action,  and incorporates a finding to that effect in the commissioner's order,  summary suspension of a license or sales may be ordered. Grounds for issuance of an order of summary suspension include the violation of any of the provisions of section 32-2153 and the termination of a license pursuant to section 32-2188,  subsection I. A licensee,  owner,  including the current owner of the property,  operator,  agent or developer may request a hearing pursuant to title 41,  chapter 6,  article 10. A summary suspension shall be deemed to be final if a request for a hearing is not received within thirty days as provided by section 41-1092.03.
C. The department may issue a summary suspension when the department receives notice that a person licensed pursuant to this chapter has been convicted of a felony offense and is currently incarcerated for the conviction,  paroled or under the supervision of a parole or community supervision officer or is on probation as a result of the conviction. This subsection does not limit the commissioner's authority to seek revocation of a license or other disciplinary action pursuant to this chapter.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-2158 - Hearing; witnesses; deposition; service of process

32-2158.
Hearing;  witnesses;  deposition;  service of process
A. Any party to a hearing shall have the right to the attendance of witnesses in the party's behalf,  in person or by deposition,  upon making a request therefor to the commissioner and designating the person or persons requested to be subpoenaed. For the purpose of investigation or hearing the commissioner shall have the powers vested in public officers by section 12-2212.
B. Process issued by the commissioner may be served by any person authorized to serve process of courts of record or by any person designated for that purpose by the commissioner. The person serving process shall receive compensation allowed by the commissioner,  not to exceed the fees prescribed by law for similar service. Any witness who appears by order of the commissioner shall receive the same fees and mileage allowed by law to a witness in civil cases,  which shall be paid by the party at whose request the witness is subpoenaed. Fees for serving process and of witnesses subpoenaed by the commissioner not upon the request of any other person shall be paid as other expenses of the department are paid.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-2159 - Judicial review; costs; transcript

32-2159.
Judicial review;  costs;  transcript
A. Except as provided in section 41-1092.08,  subsection H,  a final decision of the commissioner may be appealed to the superior court in Maricopa county pursuant to title 12,  chapter 7,  article 6.
B. If the superior court declares an appealing party indigent,  on appeal the department shall pay the costs of the reporter's transcript of proceedings and shall produce a certified copy of all documents and evidence in the administrative record at no charge.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-2160 - Filing of complaint by commissioner; prosecution

32-2160.
Filing of complaint by commissioner;  prosecution
A. The commissioner may file a complaint for a violation of this chapter before a court of competent jurisdiction and may in person or by his deputies,  assistants or counsel assist in the prosecution of the complaint. The county attorney of any county in which a violation occurs shall,  upon the written request of the commissioner or the attorney general,  prosecute the violation.
B. In addition to all other remedies,  when it appears to the commissioner either upon complaint or otherwise that any person,  firm,  partnership,  corporation,  association or other organization,  or a combination of any of them,  has engaged or is engaging in any act,  practice or transaction which constitutes a violation of this chapter or of any rule or order of the commissioner,  the commissioner may,  either through the attorney general or through the county attorney of any county in which the act,  practice or transaction is alleged to have been committed,  apply to the superior court of that county for an injunction restraining such person,  firm,  partnership,  corporation,  association or other organization from engaging in such act,  practice or transaction,  or doing any act in furtherance thereof,  and,  upon a proper showing,  a temporary restraining order,  a preliminary injunction or a permanent injunction shall be granted without bond. Process in such action may be served upon the defendant in any county of this state where such defendant transacts business or is found or on the statutory agent in the case of a corporation.
C. Nothing in subsection B shall give the department jurisdiction over any landlord and tenant disputes or federal or state fair housing violations or authorize the commissioner to seek sanctions under this chapter or any rule or order of the commissioner relating to these matters.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-2160.01 - Civil penalties

32-2160.01.
Civil penalties
A. Any licensee who is subject to the jurisdiction of the department and who has violated any provision of this chapter or any rule or order adopted or issued by the commissioner,  who has deviated substantially from the provisions of a public report or who has engaged in any unlawful practices defined in section 44-1522 with respect to the sale or lease of either subdivided lands or unsubdivided lands may be assessed a civil penalty by the commissioner,  after a hearing,  in an amount not to exceed one thousand dollars for each infraction.
B. Actions to recover penalties assessed pursuant to this chapter shall be brought by the attorney general in the name of the state in the superior court in the county in which the violation occurred or in a county in which the commissioner maintains an office. When the commissioner has revoked a license or withdrawn certification or approval of a school,  educational course or real estate instructor and assessed civil penalties that remain unpaid,  if judicial review has not been sought under title 12,  chapter 7,  article 6,  a certified copy of any such commissioner's order requiring the payment of civil penalties may be filed in the office of the clerk of the superior court. The clerk shall treat the commissioner's order in the same manner as a judgment of the superior court. A commissioner's order so filed has the same effect as a judgment of the superior court and may be recorded,  enforced or satisfied in like manner. No filing fee is required under this section.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-2161 - False statements or publications concerning land, subdivision or membership camping contract for sale or lease; classification; definition

32-2161.
False statements or publications concerning land,  subdivision or membership camping contract for sale or lease;  classification;  definition
A. Every person who knowingly authorizes or directs any publication or any false statement or representation concerning any land,  subdivision or membership camping contract offered for sale or lease,  and every person who,  with knowledge that any advertisement,  pamphlet,  prospectus,  or letter concerning the land,  subdivision or membership camping contract contains any written statement that is false or fraudulent,  issues,  circulates,  publishes or distributes it or causes it to be issued,  circulated,  published or distributed,  or who in any respect knowingly violates or fails to comply with any order,  permit,  decision,  demand or requirement of the commissioner under the provisions of this chapter,  is guilty of a class 6 felony and,  if a licensee,  shall be tried before the commissioner for suspension or revocation of his license.
B. For purposes of this section,  " knowingly"  or " with knowledge"  includes,  but is not limited to,  engaging in any conduct prohibited in subsection A if such person knew or should have known of the falsity of any statement or representation.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-2162 - Sale of cemetery property for speculation unlawful

32-2162.
Sale of cemetery property for speculation unlawful
It is unlawful for any person to sell or offer for sale cemetery property under any promise that the cemetery property sold or offered for sale may be resold at a profit. The conveyance of cemetery property pursuant to a sale in violation of this section is void.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-2163 - Unlawful acts; out-of-state broker; cooperation agreement

32-2163.
Unlawful acts;  out-of-state broker;  cooperation agreement
A. It is unlawful for any licensed broker in this state to employ or compensate,  directly or indirectly,  any person for performing any of the acts within the scope of this chapter if the person is not also a licensed broker in this state,  or a salesperson licensed under the broker employing or compensating the salesperson,  except that a licensed broker in this state may pay compensation to and receive compensation from a broker who is lawfully operating in another state.
B. Notwithstanding that pursuant to subsection A of this section a licensed broker in this state may pay to and receive compensation from an out-of-state broker,  this authority does not allow an out-of-state broker to conduct activity in this state that would otherwise require a broker's license issued by the department.
C. A licensed broker in this state may cooperate with an out-of-state broker who would otherwise require licensure in this state if:
1. The licensed broker and the out-of-state broker enter into a written cooperation agreement before the out-of-state broker conducts any activity otherwise requiring a broker's license pursuant to this chapter. The cooperation agreement shall include the following:
(a) A list of the real estate activities to be conducted by the out-of-state broker.
(b) A statement that the out-of-state broker agrees to fully comply with the laws of this state and submit to the regulatory jurisdiction of the department for activities subject to real estate broker licensure pursuant to this chapter.
(c) A statement that the licensed broker in this state understands and accepts responsibility for the acts of the out-of-state broker.
2. All negotiations in this state or with people who own property in this state are conducted through the licensed broker in this state.
3. The licensed broker in this state assumes all responsibility for the acts of the out-of-state broker.
4. All principal funds handled by either the licensed broker in this state or the out-of-state broker are subject to the deposit and handling requirements of section 32-2151.
D. The offering of real estate brokerage services specified by section 32-2101,  paragraph 50 for compensation or any other thing of value pertaining to real property located in this state through an internet website constitutes activity that requires a broker's license issued by the department.
E. This section does not allow an out-of-state broker who is not licensed in this state to list,  market or advertise in this state real property located in this state for sale,  lease or exchange.
F. Signs shall not be placed on real property in this state by an out-of-state broker. An out-of-state broker shall not use a cooperation agreement as authority to sell,  lease,  rent,  exchange or attempt to sell,  lease,  rent or exchange real property to a resident of this state.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-2164 - Unlawful subdivision lot sales

32-2164.
Unlawful subdivision lot sales
It is unlawful for a licensed real estate broker or salesperson to assist a subdivider or agent of such subdivider in the offer,  sale or lease of a subdivision lot or parcel in violation of any provision of this chapter or any rule adopted or order issued by the commissioner if the licensee knew or should have known of the violation.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-2165 - Unlicensed activities; violation; classification

32-2165.
Unlicensed activities;  violation;  classification
A. A person who acts as a broker or salesperson within the meaning of this chapter,  or who advertises in a manner that indicates that the person is licensed as a broker or salesperson,  without being licensed as prescribed by this chapter is guilty of a class 6 felony.
B. A person who performs acts that require a license under this chapter,  other than a broker's or salesperson's license,  without being licensed as prescribed by this chapter is guilty of a class 5 felony.
C. The penalties prescribed by this section do not apply to:
1. A broker or salesperson within a year of the expiration of the broker's or salesperson's license,  if the failure to timely renew the license was due to unintentional neglect by the licensee or administrative untimeliness by the department.
2. The activities of a licensee,  while acting in a capacity for which the person's license was issued,  that otherwise violate any provision of this chapter.
3. Any person who,  on discovering that a license is required to carry on the person's present or planned activities,  and before the issuance of a cease and desist order pursuant to section 32-2154,  notifies the department of the person's intent to immediately comply with this chapter,  applies for the required license and ceases the prohibited activities pending issuance of a license. Nothing in this paragraph shall be construed to lessen or reduce the qualifications otherwise required of license applicants under this chapter or to diminish the authority of the department to deny a license to a person who does not meet all of the requirements for licensure.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-2166 - Activities while incarcerated; violation; classification

32-2166.
Activities while incarcerated;  violation;  classification
A. While incarcerated a person who is licensed pursuant to this chapter shall not perform acts that require a license under this chapter.
B. A person who violates this section is guilty of a class 6 felony.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-2171 - Definitions

32-2171.
Definitions
In this article,  unless the context otherwise requires:
1. " Property management firm"  means any corporation,  partnership or limited liability company licensed pursuant to section 32-2125,  subsection A or a designated broker that by written agreement,  manages rental property or properties for compensation.
2. " Rental agreement"  means a lease or leasing agreement.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-2174 - Property management accounts

32-2174.
Property management accounts
A. All property management accounts shall be designated as trust accounts and shall include descriptive wording,  substantially similar to one of the following,  in the trust account title:
1. " Trust account" .
2. " Fiduciary account" .
3. " In trust for (individual or entity name)" .
4. " Trustee for (individual or entity name)" .
5. " Fiduciary for (individual or entity name)" .
B. A broker's trust account is required for all of the owner's monies,  except if the owner directs the broker to deposit the monies directly into the owner's account. The broker shall not have access to the owner's account. Trust accounts may be interest bearing.
C. The designated broker for a property management firm may authorize either a licensee or an unlicensed natural person in the direct employ of the broker to transfer monies or to be a signatory on the property management firm's trust accounts. If the person who is designated to sign on behalf of the designated property management broker is an unlicensed person,  that person shall be a bona fide officer,  member,  principal or employee of the property management firm. The broker may require dual signatures on checks and may use a facsimile signature according to the broker's business policies and procedures. The designation of a licensed or unlicensed person to transfer monies or to be a signatory on trust accounts does not lessen the broker's responsibility or liability for any monies handled.
D. Within three banking days after receiving monies that are not subject to dispute or contingency,  the property management firm shall deposit the monies in either the owner's direct account or the property management firm's trust account for the benefit of the owner. A property management firm may remit an owner's monies under its control to or for the owner by any lawful means available.
E. Each rental agreement executed by a property manager shall include a provision that clearly states the disposition of any tenant deposits.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-2176 - Payment of finder fees to apartment tenants; limits; prohibited activities; civil penalty; definitions

32-2176.
Payment of finder fees to apartment tenants;  limits;  prohibited activities;  civil penalty;  definitions
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. Authorize a residential leasing agent or manager to deliver a finder fee to an unlicensed person who is a tenant in an apartment complex managed by the residential leasing agent or manager. A residential leasing agent or manager may not receive a finder fee. This prohibition does not affect the ability of a residential leasing agent or manager to receive a bonus pursuant to section 32-2121,  subsection A,  paragraph 6.
B. A finder fee paid pursuant to this section shall be a credit toward or reduction in the tenant's monthly rent. A tenant may receive multiple finder fees.
C. A tenant shall limit the tenant's activities pursuant to this section to referring prospective lessees to the owner or the owner's agent and shall not do any of the following:
1. Show a residential dwelling unit to a prospective lessee.
2. Discuss terms or conditions of leasing a dwelling unit with a prospective lessee.
3. Participate in the negotiation of the leasing of a dwelling unit.
D. This section does not allow an unlicensed person to advertise or otherwise promote the person's services in procuring or assisting to procure prospective lessors or tenants of apartment units.
E. For a licensee who pays a finder fee in violation of this section,  for each violation the department may suspend or revoke the licensee's license or impose a civil penalty pursuant to section 32-2153.
F. For the purposes of this section:
1. " Finder fee"  means a fee paid to a person for introducing or arranging an introduction between the parties to a transaction involving the rental of an apartment unit.
2. " Property owner"  means a person who is exempt from the licensing requirements of this chapter pursuant to section 32-2121,  subsection A,  paragraph 1.
3. " Residential leasing agent or manager"  has the same meaning prescribed in section 32-2121,  subsection A,  paragraph 6.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-2181.01 - Power of commissioner to exempt certain subdivisions or fractional interests by special order

32-2181.01.
Power of commissioner to exempt certain subdivisions or fractional interests by special order
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 compliance with the provisions of this article is not essential to the public interest or for the protection of buyers by reason of the special characteristics of the subdivided lands or fractional interests therein or the limited character and duration of the offer for sale,  lease or financing or the special characteristics or limited number of fractional interests.
B. Special orders issued pursuant to this section shall relate to specific lands or specific fractional interests.
C. A petition filed under this section shall be accompanied by an initial fee of one hundred dollars. No fees shall be returnable irrespective of the nature of the action upon the petition.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-2182 - Examination of subdivision by commissioner; fee; time limit to determine violation

32-2182.
Examination of subdivision by commissioner;  fee;  time limit to determine violation
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,  shall be borne by the subdivider on the basis of actual cost to the department. A filing fee of five hundred dollars or such lesser fee as determined by the commissioner shall accompany the written notification required in section 32-2181. The commissioner may allow the developer to outsource and pay for the cost of physical inspections so long as the department approves the inspector and the inspection for content.
B. The commissioner may,  but is not required to,  inspect a subdivision site if all of the following apply:
1. The commissioner has previously inspected the subdivision within the past two years.
2. All proposed improvements were complete at the time of the previous inspection.
3. The sales offering does not include any changes to the physical aspects of the subdivision,  including the plat,  site and locations of improvements.
C. The commissioner is not required to complete the inspection of the subdivision site before issuing a public report. Nevertheless,  if the commissioner discovers anything during any subsequent inspection that would have been grounds to deny issuance of the public report or anything that would have warranted additional disclosure in the public report,  the commissioner may issue a summary order as provided in section 32-2157.
D. Notwithstanding any other law,  the commissioner has no more than five years after the date of an initial complaint or initiation of an investigation by the commissioner to determine if the sale or lease violated this article.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-2183.02 - Recording of actions

32-2183.02.
Recording of actions
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 in which the subdivision property is located and include the legal description of the affected land. The commissioner shall also provide notice of the order or suspension to all affected parties with an ownership interest of record in any lot,  parcel or fractional interest in the subdivision property within ten business days of issuing the order of suspension.
B. In the event of revocation of any of the orders which require recording in subsection A,  an order of release shall be recorded in the same manner within ten business days after the revocation.
C. The department shall record a public notice for each plat,  parcel or lot in the county in which the subdivided land is located when the land has been subdivided in violation of this article. The notice shall include the legal description of the affected land and provide that a city or town pursuant to authority granted by the state under title 9 or to a county pursuant to authority granted under title 11 may decline to issue building permits for the land until the requisite state and local approval is acquired. The department shall record a release in the same manner within ten business days after the subdivision is in compliance with this article.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-2183.06 - Restricted air space disclosure; residential property

32-2183.06.
Restricted air space disclosure;  residential property
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 37-102,  shall include the following statements:
1. The property is located under restricted air space.
2. The state land department and the state real estate department maintain restricted air space maps available to the public.
3. The restricted air space map is posted on the state real estate department's web site.
B. The public report prescribed by subsection A of this section may contain a disclaimer that the subdivider has no control over the restricted air space as delineated in the restricted air space map or the timing or frequency of flights and associated levels of noise.
C. For any lot reservation or conditional sale that occurs before the issuance of a public report,  the disclosure statements listed in subsection A of this section shall be included within the reservation document or conditional sales contract.
D. This section does not require the amendment or reissuance of any public report issued on or before December 31,  2006 or the amendment or reissuance of any reservation document or conditional sales contract accepted on or before December 31,  2006.
E. Notwithstanding any other law,  if the public report complies with subsection A of this section,  a subdivider is not liable to any person or governmental entity for any act or failure to act in the disclosure of restricted air space as delineated in the restricted air space map.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-2184 - Change of subdivision plan after approval by commissioner; notice

32-2184.
Change of subdivision plan after approval by commissioner;  notice
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 lease after a change has occurred that materially affects the plan without first notifying the commissioner in writing of the intended change. Material changes covered by this section shall be prescribed in the rules of the commissioner. Upon receipt of any notice of a material change,  the commissioner may require the amendment of the public report and,  if he determines such action to be necessary for the protection of purchasers,  suspend his approval of sale or lease pending amendment of the public report in accordance with section 32-2157.
B. If there has been a material change to the plan under which a subdivision is offered for sale or lease and an amendment to the public report is required,  a purchaser or lessee who has executed a real estate sales contract or lease before the occurrence of the material change but has not yet completed performance under the real estate sales contract or has not taken possession under the lease may cancel the real estate sales contract or lease within ten days after receiving written notice from the subdivider of the material change if the material change adversely impacts the purchaser or lessee and was caused by the subdivider or an entity controlled by the subdivider or if the subdivider had actual knowledge of the material change at the time the real estate sales contract or lease was executed by the purchaser or lessee. Notwithstanding that the subdivider was not aware of the material change and did not cause the change to come about,  the purchaser or lessee may cancel the sales contract or lease as provided by this subsection if the material change would involve an occupant's health,  safety or ability to make designated use of the lot. This subsection does not create any cause of action,  for rescission or otherwise,  in favor of a purchaser who has not been impacted adversely by the material change.
C. A filing fee of one-half of the amount that was charged for the initial public report pursuant to section 32-2182,  but no less than two hundred fifty dollars,  shall accompany an application for an amended public report. If inspection of a subdivision site is necessary,  the department shall assess an inspection fee pursuant to section 32-2182,  subsection A.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-2185 - Delivery of clear title by vendor on performance of contract by vendee

32-2185.
Delivery of clear title by vendor on performance of contract by vendee
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 to acquire title to the lot or parcel free of the blanket encumbrance upon completion of all payments and performances of all the terms and provisions required to be made or performed by the purchaser under the real estate sales contract. Certified or verified copies of documents acceptable to the commissioner containing such provisions shall be filed with the commissioner prior to the sale of any subdivision lot or parcel subject to a blanket encumbrance.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-2185.02 - Permanent access to subdivided land; rescindable sales

32-2185.02.
Permanent access to subdivided land;  rescindable sales
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 rescindable by the purchaser. An action by the purchaser to rescind such transaction shall be brought within three years of the date of execution of the real estate sales contract by the purchaser.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-2185.06 - Contract disclosures; contract disclaimers

32-2185.06.
Contract disclosures;  contract disclaimers
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 the public report and,  in the case of unimproved lots or parcels not exempted by regulation pursuant to section 32-2185.01,  the purchaser's right to rescind the agreement as provided in section 32-2185.01. Any contract,  agreement or lease which fails to make disclosures pursuant to this section shall not be enforceable against the purchaser. If the transaction involves a lot or parcel offered for present or future residential use,  the contract,  agreement or lease shall not waive or disclaim liability for prior material representations relied upon by the purchaser made by the seller and such seller's agents concerning the subdivision and lot or parcel involved,  and any provision attempting to waive or disclaim liability is void.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-2185.09 - Civil penalties; limitation

32-2185.09.
Civil penalties;  limitation
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 lands may be assessed a civil penalty by the commissioner,  after a hearing,  in an amount not to exceed $2, 000 for each infraction. An infraction that concerns more than one lot in a subdivision is a single infraction for the purposes of this section.
B. A proceeding for imposition of a civil penalty or for suspension or revocation of a license for a violation of this article or any rule adopted or order issued by the commissioner must be commenced within five years of actual discovery by the department or discovery that should have occurred with the exercise of reasonable diligence by the department.
C. A subdivider who sells or leases in this state any lots,  parcels or fractional interest in a subdivision without first obtaining a public report from the commissioner except as provided in section 32-2181.01 or 32-2181.02 for a lot or lots created from and after December 31,  2008 and on an order issued by the commissioner may be assessed a civil penalty by the commissioner,  after a hearing,  in an amount not to exceed $5, 000 for each infraction. A proceeding for the imposition of a civil penalty or suspension or revocation of a license for a violation of this subsection or any rule adopted or order issued by the commissioner must be commenced within five years after actual discovery by the department or discovery that should have occurred with the exercise of reasonable diligence by the department.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-2187 - Payments to real estate recovery fund

32-2187.
Payments to real estate recovery fund
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 dollars.
B. If,  on June 30 of any year,  the balance remaining in the real estate recovery fund is less than six hundred thousand dollars,  every broker when renewing a real estate or cemetery license during the following license year shall pay,  in addition to the license renewal fee,  a fee of twenty dollars for deposit in the real estate recovery fund,  and every salesperson when renewing a real estate or cemetery license during such year shall pay,  in addition to the license renewal fee,  a fee of ten dollars for deposit in the real estate recovery fund.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-2188.01 - Notice of claim to judgment debtor; response

32-2188.01.
Notice of claim to judgment debtor;  response
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 shall be in the following form:
Notice
Based on a judgment against you in favor of (enter name of claimant),  application is being made to the Arizona state real estate department for payment from the real estate recovery fund.
If payment is made from the real estate recovery fund,  all licenses and license rights that you have under the Arizona real estate law will be automatically terminated on the date of payment and may only be reinstated pursuant to section 32-2131,  subsection A,  paragraph 3,  Arizona Revised Statutes,  on a showing that 1) the real estate recovery fund has been reimbursed for the amount paid plus interest at the current legal rate,  2) the underlying judgment has been fully satisfied and 3) you have filed an original application for a license.
If you wish to contest payment from the real estate recovery fund,  you must file a written response to the application. The Arizona state real estate commissioner must receive your response at (address) within 35 calendar days after the date this notice is [mailed,  delivered,  first published]. You must also send a copy of the response to the claimant. If you fail to respond as required,  you waive your right to present your objections to payment.
B. If the judgment debtor holds a current license issued by the department,  the notice and copy of the application may be served by certified mail,  return receipt requested,  addressed to the judgment debtor's latest business or residence address on file with the department. If the judgment debtor does not hold a current license and if personal delivery cannot be effected by exercising reasonable diligence,  the claimant must publish the notice once a week for two consecutive weeks in a newspaper of general circulation in the county in which the judgment debtor was last known to reside.
C. If the judgment debtor fails to file a written response to the application with the department within thirty-five calendar days after service under subsection B of this section or after the first publication of the notice,  the judgment debtor is not thereafter entitled to notice of any action taken or proposed to be taken by the commissioner with respect to the claim.