| Item | Value |
|---|---|
| Is an assignment legal here? | yes |
| What the matrix says about it | A.R.S. 44-5101 (enacted by HB 2747, 55th Legislature 2nd Regular Session -- 2022, NOT 2024) regulates wholesale buyers and sellers of residential real property by DISCLOSURE. It imposes no licence and no fine; the remedy is contract-level. |
| Marketing rule the gate enforces | contract_only |
| What that means in practice | A wholesale SELLER must disclose in writing to the buyer that it holds only an equitable interest and may not be able to convey title. ADRE's position under A.R.S. Title 32 Ch. 20 and A.A.C. Title 4 Ch. 28 is that an unlicensed person may not market real estate it does not own -- advertise the contract. |
| What triggers a licence requirement | Marketing the PROPERTY (rather than your contract) while unlicensed; the own-account exemption is A.R.S. 32-2121. |
| Written seller disclosure required? | yes |
| Basis for the disclosure | A.R.S. 44-5101 -- a wholesale BUYER must disclose in writing to the seller that it is a wholesale buyer BEFORE the parties enter a binding contract; if it does not, the seller may cancel at any time before close of escrow without penalty and keep the earnest money. |
| Statutory wording required? | yes — Statute prescribes the substance, not a form. Use statutory wording; template carries OWNER_COUNSEL_INSERT for the verbatim text. |
| F5259 bucket | GO_WITH_CONDITIONS |
| Condition the gate enforces | Market the contract, not the property (A.R.S. 32-2121 own-account exemption). A.R.S. 44-5101 disclosure + cancellation applies. |
| Verification status | PRIMARY_STATUTE |
| Attorney review required before first use? | yes |
| Lead class | Verdict |
|---|---|
| land | GO_WITH_DISCLOSURE |
| preforeclosure non owner occupied | NO |
| preforeclosure owner occupied | NO |
| probate | GO_WITH_DISCLOSURE |
| tax delinquent | GO_WITH_DISCLOSURE |
the whole grid · probate in AZ · the disclosure blocks
Not legal advice. We are not a law firm and we do not draft documents for anyone else. A template is a starting point for a transaction you are a principal in; it is not a substitute for a lawyer licensed in the state the property sits in, and in several states the disclosure below has statutory wording that must be copied exactly. Have counsel read it before you sign.
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