What Is the SPDS and Do You Really Have to Disclose Everything?
The SPDS, or Seller's Property Disclosure Statement, is a form you fill out to tell buyers what you know about your home's condition — not what a professional inspector would find, but what you personally know. Arizona law requires you to disclose known material facts that could affect a buyer's decision or the price they'd pay, and the SPDS is the standard way sellers put that in writing. You don't have to disclose problems you genuinely don't know about, but if you know it, guessing your way around it isn't an option.
By Michelle Ripley | August 7, 2026
I get asked about the SPDS on nearly every listing appointment. Sellers either think it's a formality they can breeze through, or they panic and assume they have to list every minor scuff and squeaky door. Neither is right, and getting it wrong in either direction can cost you.
Here's what the form actually requires, what it doesn't, and how to fill it out so it protects you instead of exposing you.
What the SPDS Actually Covers
The SPDS isn't a one-page checkbox form. It runs about ten pages, and it walks through nearly every system and structural component of your home. You'll answer questions grouped into categories like:
- Building and safety — foundation, roof, walls, additions, permits pulled (or not pulled) for past work
- Systems — plumbing, electrical, HVAC, water heater, and any known issues or repairs
- Water and sewer — whether you're on city water or a well, sewer or septic, and any known water quality or service issues
- Environmental conditions — asbestos, lead-based paint, radon, mold, pest damage, and similar concerns
- HOA status — if your property has an HOA, you'll disclose the association name, current dues, and any known special assessments or pending rule changes (your agent handles getting the buyer the full CC&R and financial package separately)
- Property history — past insurance claims, boundary disputes, neighbor issues, or anything else that could matter to a buyer
For homes built before 1978, there's an additional federal requirement: you'll need to disclose any knowledge of lead-based paint, along with a lead warning statement in the contract itself.
Your obligation is your knowledge, not the results of an inspection you never had. If you didn't know your water heater was on its last leg, you're not required to have known. But if a plumber told you about a slow leak under the slab two years ago and you never mentioned it, that's a problem — both for the transaction and for you personally.
The Deadline Is Tighter Than Most Sellers Realize
Under the standard AAR purchase contract used across Tucson, you're required to deliver a completed SPDS to the buyer within three days after contract acceptance. That's not a lot of runway if you haven't already thought through your answers.
This is exactly why I have sellers start their SPDS before we even go live on the MLS. Walking through ten pages of disclosure questions under a three-day clock, with a buyer already waiting, is how mistakes happen. Walking through it calmly a week before listing is how you get it right.
What You Don't Have to Disclose
This is where sellers relax once they understand it. You are not required to disclose:
- Things you genuinely have no knowledge of, even if they turn out to be true
- Cosmetic wear that doesn't affect value or safety — normal carpet wear, minor scuffed paint, an outdated kitchen
- Your personal reasons for selling, unless they relate to a material fact about the property itself
- Speculation or rumor you can't substantiate — if you're not sure, say you're not sure, rather than guessing in either direction
The form is built around what you know, not what a home inspector might eventually uncover. That's a meaningful difference, and it's worth sitting with before you start checking boxes.
What Happens If You Skip Something
If a buyer later discovers a known issue you didn't disclose, you can be held liable for it — even after closing. Under the AAR contract, your disclosure warranty survives the sale itself. That means a buyer can come back months later with a claim if they can show you knew about a material defect and left it off the SPDS.
I've seen this play out both ways. Sellers who over-disclose almost never have a problem afterward — buyers respect the transparency, and it rarely changes the outcome of the deal. Sellers who leave something off because they're worried it'll scare off a buyer are the ones who end up with a demand letter six months later.
If you're unsure whether something belongs on the form, the safer move is almost always to include it and let the buyer decide how much it matters to them.
Properties in Unincorporated Pima County
If your home sits in unincorporated Pima County — a large share of the Marana, Vail, and Sahuarita areas — you'll also need to complete an Affidavit of Disclosure in addition to the SPDS. This is a separate Arizona requirement specific to unincorporated county properties, and it covers things like road maintenance responsibility and access, which matter more outside city limits than inside them. I flag this early with sellers in these areas so it doesn't become a last-minute scramble before closing.
How This Connects to Your BINSR and Inspection Period
The SPDS and the buyer's inspection period work together. Buyers get a 10-day default inspection period under the AAR contract, and whatever they find during that window gets addressed through the BINSR — the Buyer's Inspection Notice and Seller's Response.
A well-completed SPDS actually makes this process smoother. If you've already disclosed the age of your HVAC system or a past roof repair, there's rarely a surprise or a renegotiation attached to it when the inspector confirms what you already told them. Buyers who feel blindsided by an inspection report tend to negotiate harder. Buyers who see the inspection confirm what you already disclosed tend to move forward with far less friction.
Every property's disclosure picture looks a little different depending on its age, past repairs, and location — this is exactly the kind of form I walk sellers through line by line before we ever put a sign in the yard.
Frequently Asked Questions
Do I have to disclose a repair I made myself if I did it correctly?
Yes, if it's a repair to something the SPDS asks about, you should disclose that it occurred, even if you believe the work was done well. The form asks about repair history, not just current problems, so buyers can factor it into their own evaluation.
What if I inherited the home and never lived in it?
You still complete the SPDS to the best of your knowledge, but your answers will reflect limited personal history with the property. It's worth talking to prior family members or reviewing old records if you have access to them, since "unknown" answers are valid but should be genuine, not a shortcut around disclosing something you actually know.
Can I skip the SPDS if I'm selling as-is?
No. Selling as-is affects whether you'll make repairs, not whether you disclose known issues. The SPDS is still required, and an as-is sale doesn't shield you from liability for something you knew about and didn't disclose.
Does the SPDS replace the home inspection?
No. The SPDS reflects what you know as the seller. The buyer's inspection is an independent, professional evaluation of the property's current condition, and buyers typically rely on both before moving forward.
What happens if I find out about a problem after I've already submitted the SPDS?
You're expected to update your disclosure if you learn something new before closing. Sellers occasionally discover an issue mid-transaction — an amended SPDS keeps you protected and keeps the buyer informed.
If you're preparing to sell and want to get ahead of the disclosure process instead of scrambling once you're under contract, get a free home valuation — it's fast, no-obligation, and a good first step toward understanding where your home stands before we talk through anything else.
About Michelle Ripley Michelle Ripley is the owner and lead advisor of Ripley's Real Estate Group with Keller Williams Southern Arizona, ranked among the top 1% of agents nationally. She serves buyers and sellers throughout Tucson, Oro Valley, Marana, and Pima County — from first-time buyers to luxury clients — with an education-first approach backed by data-driven marketing and deep local expertise. A proud Oro Valley resident, Michelle is known for treating every client relationship with the same integrity and care that built her reputation as one of Southern Arizona's most trusted agents.