By Arizona Stigmatized Law, sellers are not obligated to disclose that the property is or has been:
- A site of a natural death or suicide;
- A homicide or any other crime classified as a felony;
- Owned or occupied by a person exposed to HIV, or diagnosed as having AIDS or any other disease not known to be transmitted through common occupancy of real estate;
- Located in the vicinity of a sex offender.
In 2014, a court ruled that Arizona stigmatized property nondisclosures do not protect against affirmative misrepresentations. Lerner v. DMB Realty, LLC, 234 Ariz. 397, 322 P.3d 909 (Ct. App. 2014). Therefore, the law does not protect a seller who makes an intentional misrepresentation. For example, if seller is asked whether there has been a death on the property and seller knows that there was such a death, seller should not answer “no” or “I don’t know.” Instead seller should either answer truthfully or respond that seller is not legally required to answer the question.