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Real Estate Exhibits for Arizona Courts

Arizona real estate litigation—including title disputes, HOA disputes, construction defects, and boundary issues—requires careful documentation under ARS Title 33 and ARCP discovery rules. With mandatory disclosure under Rule 26.1 and active HOA laws, understanding Arizona-specific requirements is essential. This guide covers exhibit preparation for property cases in Arizona courts.

TurboCourtPer Rule 26.1 disclosure requirementsARS Title 33, ARCP 26.1

Arizona Quick Reference

E-Filing SystemTurboCourt
File Size Limit25 MB
Exchange DeadlinePer Rule 26.1 disclosure requirements
Primary RuleARS Title 33, ARCP 26.1

Common Real Estate Exhibits in Arizona

Warranty deed and chain of title
Title commitment and title policy
Survey and plat map
Purchase contract (AAR form)
Seller Property Disclosure Statement (SPDS)
Escrow closing statement
Deed of trust documents
HOA CC&Rs and disclosures
Property tax records
Inspection reports
Property condition photographs
CLUE report (insurance history)

Arizona Real Estate Tips

  • 1Arizona uses mandatory disclosure under ARCP 26.1
  • 2Maricopa County (Phoenix) has specific real estate procedures
  • 3Arizona HOA laws under ARS 33-1801 are detailed
  • 4Seller Property Disclosure Statement (SPDS) is standard
  • 5TurboCourt is used for e-filing in Maricopa and Pima
  • 6Arizona is a deed of trust state (non-judicial foreclosure)
  • 7Bates stamp all closing documents for deposition reference

Common Real Estate Filing Mistakes in Arizona

Missing SPDS disclosure in failure to disclose claims
Incomplete HOA documentation in CC&R disputes
Poor quality survey copies in boundary disputes
Not including affidavit of property value
Missing CLUE report in insurance history disputes
Failing to organize exhibits chronologically

Real Estate Exhibits in Arizona: FAQ

What disclosure documents are important in Arizona real estate litigation?

Key disclosures include: Seller Property Disclosure Statement (SPDS), affidavit of property value, HOA disclosure, and lead-based paint disclosure. Missing SPDS can support failure to disclose claims.

How do I prepare exhibits for Arizona HOA disputes?

Include: CC&Rs, bylaws, all amendments, board meeting minutes, assessment records, architectural committee decisions, correspondence. ARS 33-1801 et seq. governs planned communities.

What are the exhibit requirements for Arizona title disputes?

Title disputes require: warranty deeds showing chain of title, title commitment, title policy, survey, and any documents affecting title (easements, liens, encumbrances).

How should I organize Arizona closing documents as exhibits?

Organize chronologically: AAR purchase contract, SPDS, inspection reports, title commitment, escrow closing statement, recorded deed. Bates stamp each page.

What are Arizona foreclosure exhibit requirements?

Arizona allows non-judicial foreclosure via deed of trust. For foreclosure defense, include: deed of trust, note, payment history, trustee sale notices, any loan modification correspondence.

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