Guide · November 9, 2026
Selling a house without a realtor in Arizona: escrow, the affidavit and the deed
Arizona lets an owner sell their own house with no license and no agent. The sale still runs through papers the law fixes: a written contract, a deed signed before a notary, an affidavit of value with the price, and HOA papers on a 10 day clock. This page lists each one.
Key points
- Arizona's broker license law does not cover an owner who sells their own property (section 32-2121). You may sell with no agent.
- An Arizona contract to sell a house must be in writing and signed (section 44-101). A spoken agreement cannot be enforced in court.
- Only a licensed escrow agent may run the escrow business in Arizona (section 6-813). Pick one before you sign the contract.
- Every deed is recorded with an affidavit of property value that states the price, signed by both sides (section 11-1133), and the recorder charges $30 a document (section 11-475).
- In an HOA, the HOA papers reach the buyer within 10 days after the offer is accepted (section 33-1806). Who sends them depends on the size of the HOA.
- A sale to BIMINIO in Phoenix or Glendale has no agent on either side. We pay the closing costs, and our cash offer is below full market value.
Can you sell a house in Arizona without a realtor?
Yes. Section 32-2121 of the Arizona Revised Statutes lists who the broker license law does not cover. The first on the list is a person who deals in selling their own property and is not paid a special fee for the sale. You need no license to sell your own house, and no agent.
Selling by owner moves an agent's work onto you: the price, the ads, the showings, the replies to each offer, and keeping the sale on schedule. The escrow agent does the closing work, as in any Arizona sale. The rest of this page covers the parts Arizona law decides.
The contract must be in writing
Arizona's statute of frauds, section 44-101, lists agreements that a court will not enforce unless they are in writing and signed by the person they are enforced against. An agreement for the sale of real property is on that list. A promise made by phone or text message may leave you with nothing to enforce if the buyer changes their mind.
Put the price, the earnest deposit, the escrow company, the closing date, what stays with the house, and any inspection period in one written contract signed by both sides.
Read the guide: the purchase contract, term by term →
The escrow agent runs the closing
An Arizona sale closes through escrow. A neutral escrow agent holds the buyer's earnest deposit and the buyer's money, gets the payoff figure from your lender, records the deed, pays each bill from the price and sends you the rest.
Section 6-813 says no one may carry on the escrow business, or act as an escrow agent, in Arizona without a license, except those the law exempts. The same section says the license must be posted in each of the agent's offices. Ask to see it before any money moves. Both sides sign escrow instructions that tell the agent what to do.
The escrow agent that closes your sale can also be the one who reports it to the IRS on Form 1099-S. The IRS instructions put that duty first on the person responsible for closing, then on the title or escrow company that pays out the most money. Without one, the duty can fall on the buyer.
Read the guide: what happens at closing →
The affidavit of property value
Every Arizona deed for a sale is recorded with an affidavit of legal value, on a form approved by the Department of Revenue (section 11-1133). The seller and the buyer, or the agent of either, sign it together. It states:
- The name, mailing address and telephone number of the buyer and the seller.
- Where the tax bill should go, and the property's legal description and street address.
- The date of sale and the total price, with the cash down payment and how the buyer paid: cash, a new loan, a seller loan, an assumed loan or a trade.
- Whether personal property worth 5 percent or more of the price went with the house.
- The parcel number, the use of the property, and whether the buyer will live in it or rent it out.
- The terms of the sale, including any relationship between buyer and seller.
Why the affidavit matters to a seller by owner
The recorder refuses a sale deed without the affidavit. Section 11-1134 lists the deeds that need none, such as a deed that ends a recorded sale contract or a lease. A normal sale of a house is not on that list.
The affidavit also makes the price public. The Maricopa County Assessor publishes sales data taken from the sales affidavits recorded with the County Recorder, with the parcel number, the seller, the buyer, the sale date and the price. Your sale becomes a comparable sale for your neighbors, and their sales are yours to use when you price.
The recorder's fee is $30 for each document (section 11-475), and Arizona's $2 deed fee is part of it.
Read the guide: pricing your house without an agent →
The Arizona deed and the notary
Section 33-401 says a transfer of land must be by a written paper, signed and delivered by the seller, or by an agent the seller named in writing. Every deed must be acknowledged before an officer authorized to take acknowledgments, such as a notary.
Section 33-402 gives short forms that are enough. A deed may convey, or quit claim all the seller's interest, or convey and warrant, by adding words such as "and I warrant the title against all persons whomsoever." A warranty deed promises the buyer more than a quit claim deed does, so agree in the contract which form you will sign.
Telling the buyer about problems you know
Arizona's duty to disclose comes from Hill v. Jones (1986), a case about past termite damage. The Arizona Court of Appeals adopted the Florida rule that where the seller of a home knows of facts materially affecting the value of the property which are not readily observable and are not known to the buyer, the seller must disclose them.
A written list is the simplest way to meet this duty. Without an agent to hand you a form, write down every problem you know of, such as roof leaks, termites, cracked walls, past water damage or work done without a permit. Give it to the buyer before the contract is signed, and keep a signed copy.
Section 32-2156 lists facts that need no disclosure. No action may be brought against a seller for not telling the buyer that the property was the site of a natural death, suicide, homicide or other felony, that an owner or occupant had HIV or AIDS, or that a sex offender lives nearby. Not telling is also no ground to cancel the sale.
Read the guide: selling as is and what to tell the buyer →
Land outside a city: the affidavit of disclosure
Section 33-422 adds a paper for some sellers. A seller of five or fewer parcels of land, other than subdivided land, in an unincorporated area of a county must give the buyer a written affidavit of disclosure at least 7 days before the transfer. The buyer may cancel within 5 days after receiving it, a waiver of the seller's liability for errors in it is not valid, and the seller records it with the deed.
Most houses in a recorded subdivision fall outside this rule. If your house sits on its own lot outside a city or town, ask the escrow agent whether you need the affidavit, and give it early.
A house in an HOA: the resale papers
Section 33-1806 sets out who sends the HOA papers and when. In an HOA with fewer than 50 homes, you, the seller, send them to the buyer within 10 days after accepting the offer. In an HOA with 50 or more homes, you send the association a written notice of the accepted offer with the buyer's name, email address and mailing address, and the association sends the papers within 10 days of that notice.
The papers include the bylaws and rules, the declaration, the minutes of the board's last three open meetings, and a dated statement with the dues and a contact person. The association's resale fees are capped at $400, plus $100 for a rush.
Read the post: HOA papers and fees when you sell →
An Arizona sale by owner, step by step
These are the steps in the order most Arizona sales by owner follow.
- Get your loan payoff figure, so you know the least you can accept.
- Price the house from recorded sales near you.
- Write your list of known problems, and the lead paint form if the house was built before 1978.
- Choose a licensed escrow agent.
- Advertise and show the house, and check each buyer's proof of funds or loan approval.
- Sign a written contract that names the escrow agent and the kind of deed.
- Open escrow; the buyer deposits the earnest money with the escrow agent.
- Send the HOA notice or papers within 10 days, if you are in an HOA.
- Sign the deed before a notary, sign the affidavit of value with the buyer, and receive your money when the deed records.
Selling to BIMINIO in Arizona
BIMINIO buys houses for cash in Phoenix and Glendale. A sale to us has no agent on either side, so you pay no commission. We pay the closing costs, a licensed title company handles the paperwork, and you pick the closing date, from 7 to 35 days after you accept.
A cash offer is below full market value. Selling by owner may bring a higher price, with more work and more time on the market. Compare what you keep both ways.
See how we buy houses in Phoenix →
Want a number to compare? BIMINIO buys in Florida and Arizona, as is, with no agent and no commission, and pays the closing costs. A written offer comes within 24 hours.