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Arizona Revised Statutes (Last Updated: March 31, 2016) |
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Title 32. Professions and Occupations |
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Chapter 20. REAL ESTATE |
| Article 1. Real Estate Department |
| Sec 32-2101. Definitions |
| Sec 32-2102. Administration of chapter by real estate department; purpose |
| Sec 32-2103. Placement of monies collected; revision of fees |
| Sec 32-2104. Real estate advisory board; members; terms; qualifications; compensation; chairman; duties |
| Sec 32-2105. Meetings of the state real estate advisory board |
| Sec 32-2106. Real estate commissioner; appointment; qualifications |
| Sec 32-2107. Powers and duties of commissioner; compensation; administration of department; seal; revolving fund |
| Sec 32-2107.01. Recorded disclaimer of unlawful restrictions |
| Sec 32-2108. Powers and duties of commissioner to make investigations and require information |
| Sec 32-2108.01. License applicants; fingerprint clearance cards; definition |
| Sec 32-2109. Employment; compensation |
| Sec 32-2110. Interest of department officer or employee in real estate company prohibited |
| Sec 32-2111. Attorney general as legal adviser and representative of commissioner |
| Sec 32-2112. Admissibility of certified copies of department records in evidence |
| Sec 32-2113. Recorded disclosure for territory in the vicinity of a military airport or ancillary military facility |
| Sec 32-2114. Recorded disclosure for land under a military training route or restricted air space |
| Sec 32-2114.01. Military electronics range |
| Sec 32-2115. Department's website; military training route map; restricted air space map; military electronics range map |
| Sec 32-2116. Military training routes; contacts |
| Sec 32-2117. Earth fissure maps; posting; immunity |
| Sec 32-2118. Competition with private enterprise; prohibition |
| Sec 32-2119. Consumer education; water supply definitions; map |
| Article 2. Licensing |
| Sec 32-2121. Applicability of article; exemption |
| Sec 32-2122. License required of brokers and salespersons |
| Sec 32-2123. Application for license as broker or salesperson |
| Sec 32-2124. Qualifications of licensees |
| Sec 32-2125. Licenses for corporations, limited liability companies or partnerships |
| Sec 32-2125.01. Issuance of license; multiple licenses; use |
| Sec 32-2125.02. Nonresident licensees; service of process; employment |
| Sec 32-2125.03. Confidentiality of licensee's residential address, electronic mail address, residential telephone number and social security number |
| Sec 32-2126. Place of business required; notice of change in location; failure to give notice as cancellation of license; signs |
| Sec 32-2127. Licenses for additional places of business; branch office manager; broker's temporary absence |
| Sec 32-2128. Display and possession of license certificate |
| Sec 32-2129. Advance payment of license fees |
| Sec 32-2130. Renewal of licenses; education requirements; broker licensee renewal as salesperson licensee |
| Sec 32-2131. Reinstatement of license |
| Sec 32-2132. Fees |
| Sec 32-2133. Temporary broker's license |
| Sec 32-2134. Temporary cemetery salesperson's license |
| Sec 32-2134.01. Membership camping salesperson certificate of convenience |
| Sec 32-2135. Real estate schools; courses of study; instructors; certification |
| Sec 32-2136. Broker management clinics |
| Sec 32-2137. Cancellation of license |
| Article 3. Regulation |
| Sec 32-2151. Disposition of funds; trust money deposit requirements |
| Sec 32-2151.01. Broker requirements; record keeping requirements; definition |
| Sec 32-2151.02. Real estate employment agreements; definition |
| Sec 32-2152. Action by broker or salesperson to collect compensation |
| Sec 32-2153. Grounds for denial, suspension or revocation of licenses; letters of concern; provisional license; retention of jurisdiction by commissioner; definitions |
| Sec 32-2153.01. Consent order; terms |
| Sec 32-2154. Cease and desist orders; hearing |
| Sec 32-2155. Restriction on employment or compensation of person as broker or salesperson |
| Sec 32-2156. Real estate sales and leases; disclosure |
| Sec 32-2157. Written notice of charges; summary suspension; hearing; voluntary surrender of license |
| Sec 32-2158. Hearing; witnesses; deposition; service of process |
| Sec 32-2159. Judicial review; costs; transcript |
| Sec 32-2160. Filing of complaint by commissioner; prosecution |
| Sec 32-2160.01. Civil penalties |
| Sec 32-2161. False statements or publications concerning land, subdivision or membership camping contract for sale or lease; classification; definition |
| Sec 32-2162. Sale of cemetery property for speculation unlawful |
| Sec 32-2163. Unlawful acts; out-of-state broker; cooperation agreement |
| Sec 32-2164. Unlawful subdivision lot sales |
| Sec 32-2165. Unlicensed activities; violation; classification |
| Sec 32-2166. Activities while incarcerated; violation; classification |
| Article 3.1. Property Management |
| Sec 32-2171. Definitions |
| Sec 32-2172. Scope of article |
| Sec 32-2173. Property management agreements; contents, termination |
| Sec 32-2174. Property management accounts |
| Sec 32-2175. Property management records; requirements; audits |
| Sec 32-2176. Payment of finder fees to apartment tenants; limits; prohibited activities; civil penalty; definitions |
| Article 4. Sale of Subdivided Lands |
| Sec 32-2181. Notice to commissioner of intention to subdivide lands; unlawful acting in concert; exceptions; deed restrictions; definition |
| Sec 32-2181.01. Power of commissioner to exempt certain subdivisions or fractional interests by special order |
| Sec 32-2181.02. Exempt sales and leases |
| Sec 32-2181.03. Lot reservations; expiration |
| Sec 32-2182. Examination of subdivision by commissioner; fee; time limit to determine violation |
| Sec 32-2183. Subdivision public reports; denial of issuance; unlawful sales; voidable sale or lease; order prohibiting sale or lease; investigations; hearings; summary orders |
| Sec 32-2183.01. Advertising material; contents; order prohibiting use; costs of investigation; drawings or contests |
| Sec 32-2183.02. Recording of actions |
| Sec 32-2183.03. Civil liabilities |
| Sec 32-2183.04. Surety bond requirement; form; cancellation; effective date; certificate of deposit |
| Sec 32-2183.05. Military training route disclosure; military electronics range disclosure; residential property |
| Sec 32-2183.06. Restricted air space disclosure; residential property |
| Sec 32-2184. Change of subdivision plan after approval by commissioner; notice |
| Sec 32-2185. Delivery of clear title by vendor on performance of contract by vendee |
| Sec 32-2185.01. Sale of unimproved lots or parcels; conditions precedent; methods |
| Sec 32-2185.02. Permanent access to subdivided land; rescindable sales |
| Sec 32-2185.03. Deposit of fees |
| Sec 32-2185.06. Contract disclosures; contract disclaimers |
| Sec 32-2185.07. Jurisdiction |
| Sec 32-2185.08. Recordable forms of contracts |
| Sec 32-2185.09. Civil penalties; limitation |
| Article 5. Real Estate Recovery Fund |
| Sec 32-2186. Real estate recovery fund; liability limits; definitions |
| Sec 32-2187. Payments to real estate recovery fund |
| Sec 32-2188. Statute of limitations; service of summons; application for payment; insufficient monies; definition |
| Sec 32-2188.01. Notice of claim to judgment debtor; response |
| Sec 32-2188.02. Correction of deficiencies in the application |
| Sec 32-2188.03. Investigation and discovery |
| Sec 32-2188.04. Final decision and order on claim; notice |
| Sec 32-2188.05. Claimant's right to appeal denial of claim; service of notice of appeal; response; failure to file response |
| Sec 32-2189. Management of fund |
| Sec 32-2191. Commissioner's standing in court |
| Sec 32-2192. Subrogation of rights; collection |
| Sec 32-2193. Waiver of rights |
| Sec 32-2193.01. Effect of article on disciplinary action |
| Sec 32-2193.02. Surety bond requirement; form; cancellation; effective date; certificate of deposit |
| Article 6. Organization and Regulation of Cemeteries |
| Sec 32-2194. Exceptions |
| Sec 32-2194.01. Notice to commissioner of intention to sell cemetery property; exceptions; restrictions |
| Sec 32-2194.02. Examination by commissioner; fee |
| Sec 32-2194.03. Issuance or denial of certificate of authority; voidable sale; order prohibiting sale; investigations by commissioner; public hearings; summary orders |
| Sec 32-2194.04. Contract disclosures; contract disclaimers |
| Sec 32-2194.05. Advertising material; contents; order prohibiting use |
| Sec 32-2194.06. Records of transactions |
| Sec 32-2194.07. Recording of actions |
| Sec 32-2194.08. Administrative penalties |
| Sec 32-2194.09. Civil liabilities |
| Sec 32-2194.10. Change of cemetery plan after approval by commissioner; notice; fee |
| Sec 32-2194.11. Delivery of clear title by cemetery of cemetery plots |
| Sec 32-2194.12. Permanent access to cemetery land |
| Sec 32-2194.13. Deposit of fees |
| Sec 32-2194.14. Cemetery brokers; disclosures |
| Sec 32-2194.15. Jurisdiction |
| Sec 32-2194.16. Sale of undeveloped cemetery property |
| Sec 32-2194.17. Transaction of cemetery business |
| Sec 32-2194.18. Application for authority to open and operate cemeteries |
| Sec 32-2194.19. Investigation of applicant before granting of certificate of authority where needed |
| Sec 32-2194.20. Right of cemetery to make rules and regulations |
| Sec 32-2194.21. Survey of property; maps and plats |
| Sec 32-2194.22. Filing maps and declaration of dedication |
| Sec 32-2194.23. Nonapplication of law against perpetuities |
| Sec 32-2194.24. Trust fund to be established before certificate of authority granted |
| Sec 32-2194.25. Trust fund to be established before existing cemetery can advertise as endowed-care cemetery |
| Sec 32-2194.26. Initial deposit required in endowment-care fund |
| Sec 32-2194.27. Restrictive use of income from endowed-care fund; obligation |
| Sec 32-2194.28. Deposit in endowed-care fund from sales |
| Sec 32-2194.29. Posting of signs by cemeteries |
| Sec 32-2194.30. Restriction on use of care funds |
| Sec 32-2194.31. Crematories |
| Sec 32-2194.32. Opening and closing of burial places |
| Sec 32-2194.33. Cemetery property owners; address notification reclamation; abandoned cemetery plot |
| Article 7. Sale of Unsubdivided Lands |
| Sec 32-2195. Notice to commissioner of intention before offering for sale or lease of unsubdivided land; definition |
| Sec 32-2195.01. Power of commissioner to exempt certain unsubdivided land by special order |
| Sec 32-2195.02. Examination of unsubdivided land by commissioner; fee |
| Sec 32-2195.03. Unsubdivided land reports; denial of issuance; order prohibiting sale or lease; investigations; hearings; summary orders |
| Sec 32-2195.04. Sale of lots or parcels of unsubdivided lands; conditions precedent; methods |
| Sec 32-2195.05. Advertising material; contents; order prohibiting use; costs of investigation |
| Sec 32-2195.06. Civil liabilities |
| Sec 32-2195.07. Jurisdiction |
| Sec 32-2195.09. Recordable forms of contracts |
| Sec 32-2195.10. Change of plan after approval by commissioner; notice |
| Sec 32-2195.11. Civil penalties; limitation |
| Sec 32-2195.12. Recording of actions |
| Article 9. Real Estate Timeshares |
| Sec 32-2197. Definitions |
| Sec 32-2197.01. Creation of timeshare plans; ratio |
| Sec 32-2197.02. Notice of intent to sell; application for timeshare plan public report; authorization for pre-sales |
| Sec 32-2197.03. Rescission of contract or agreement |
| Sec 32-2197.04. Notification of material change |
| Sec 32-2197.05. Escrow or trust account; agreement; evidence of completion; financial assurance |
| Sec 32-2197.06. Declaration of dedication |
| Sec 32-2197.07. Examination of plan by commissioner; fees |
| Sec 32-2197.08. Issuance of public report and amended public report by commissioner on timeshare plan; denial of issuance; additional information; use of another state's public report |
| Sec 32-2197.09. Rescindable sale or lease |
| Sec 32-2197.10. Timeshare interest reservations |
| Sec 32-2197.11. Developer supervisory duties |
| Sec 32-2197.12. Blanket encumbrance; lien; alternative assurance |
| Sec 32-2197.13. Hearing on denial of public report |
| Sec 32-2197.14. Investigations; orders; hearings |
| Sec 32-2197.15. Order; appointment of receiver; writ of ne exeat |
| Sec 32-2197.17. Advertising and promotional requirements; telemarketing and promotional employees; presentations and tours, drawings and contests; commissioner's authority; disclosures |
| Sec 32-2197.18. Recording of actions |
| Sec 32-2197.19. Civil liabilities; prohibitions; limitations |
| Sec 32-2197.20. Civil penalty |
| Sec 32-2197.21. Payment of finder fees; limits; prohibited activities; records; definition |
| Sec 32-2197.22. Exemptions; disclosures; exempt communications |
| Sec 32-2197.23. Power of commissioner to exempt timeshare plans |
| Sec 32-2197.24. Applicability of article |
| Article 10. Membership Camping |
| Sec 32-2198. Unlawful offer or sale of membership camping contract |
| Sec 32-2198.01. Application for membership camping public report; signature; amendment |
| Sec 32-2198.02. Issuance of public report; representations prohibited |
| Sec 32-2198.03. Exemptions |
| Sec 32-2198.04. Examination of project by commissioner |
| Sec 32-2198.05. Contracts; cancellation |
| Sec 32-2198.06. Execution of notes; assignment; purchaser's defenses retained |
| Sec 32-2198.08. Denial, suspension or revocation of a public report |
| Sec 32-2198.09. Fees |
| Sec 32-2198.10. Advertising plans; disclosures; lotteries and drawings |
| Sec 32-2198.11. Purchaser's remedies |
| Sec 32-2198.13. Construction of this article |
| Sec 32-2198.14. Advertising availability of campgrounds to campground members; blanket encumbrances |