FORM A rev 12/15/2015 Page 1 of 3
ARIZONA DEPARTMENT OF REAL ESTATE (ADRE)
www.azre.gov
SUBDIVISION DISCLOSURE REPORT (PUBLIC REPORT) AMENDMENT INFORMATION
OWNER QUALIFICATIONS: This amendment procedure is available for use by an owner (person or organization) to amend
its existing Subdivision Disclosure Report (Public Report). Below are references to pertinent statutes and rules relating to
amendment information and pre-application notices.
R4-28-101.11 “Material change” means any significant change in the size or character of the development, development plan, or interest being
offered, or a change that has a significant effect on the rights, duties, or obligations of the developer or purchaser, or use and enjoyment of the property
by the purchaser.
R4-28-B1203. Material Change; Public Report Amendments
A. The developer shall notify the Department of all material changes in the information required by A.R.S. Title 32, Chapter
20, Articles 4, 7, 9, and 10, or 4 A.A.C. 28, Article 12, Part A.
B. According to material changes reported in subsection (A), the Department may require the developer to amend the public report.
C. Completion Date Extension.
1. A developer may apply to the Department for an amendment to a public report to extend the completion date of any improvement by providing an
affidavit from the developer attesting that each purchaser, owner, and the city or county officials responsible for improvements were provided written
notice of the completion status of the improvement, including a list of all people who were provided notice.
2. The Department may deny the application to extend the completion date beyond the first extension if a purchaser, owner, or city or county official
opposes issuance of an amended public report to extend a completion date.
3. If an extension is denied, the developer shall provide the Department with a written agreement to suspend sales until the improvement is complete or
the Department may issue a summary suspension order as provided in A.R.S. § 32-2157(B).
D. To amend a public report, a developer shall submit payment of the applicable amendment fee and the following information:
1. The name and registration number of the development;
2. The name and signature of the developer;
3. A list of the changes to the development and sales offering or in the information previously provided to the Department;
4. Status of sales as prescribed in subsections (C) and (E); and
5. A purchase contract addendum, to be signed and dated by both seller and purchaser, acknowledging that the sale is conditioned upon issuance of the
amended public report and purchaser’s receipt and acceptance of the amended public report.
E. Suspension of sales.
1. If necessary for the protection of purchasers, the Department may suspend approval to sell or lease pending amendment of the report.
2. In lieu of issuing a suspension order under A.R.S. § 32- 2157, the Department may accept a developer’s written agreement to suspend sales until the
amended public report has been issued by the Department.
F. If the Department determines that a suspension of sales is not necessary for the protection of purchasers and approves the proposed disclosure of the
change, sales may continue if the prospective purchaser is provided a copy of the current public report and disclosure of all changes before signing a
contract. Completion of sales is conditioned upon the developer obtaining and delivering to each purchaser under contract the amended public report.
G. Upon obtaining the amended report, the developer shall provide a copy to prospective purchasers in place of the earlier public report and obtain a
receipt for the amended public report.
H. If an application to amend a public report is denied, the Department shall notify the developer in writing of the statutory basis for the denial and of
the developer’s right to a fair hearing.
POSSIBILITY OF DISQUALIFICATION TO OBTAIN AN AMENDMENT: THE ADRE GIVES NO ASSURANCE THAT THE
FOLLOWING APPLICATION CAN BE USED FOR THE TYPE OF NOTICE OF CHANGE BEING SUBMITTED. Although owners are
required to provide notice of changes, the ADRE may not deem issuance of an Amended Subdivision Disclosure Report
necessary unless there are changes that will cause information in the Public Report to be incomplete, incorrect or
misleading. To avoid any delay in processing or forfeiture of the application fee, you may wish to contact the ADRE
representative for direction on how to proceed prior to filing the application through the ADRE Message Center by click
here or visiting the ADRE website home page at www.azre.gov.
COMPLIANCE: It is unlawful for anyone, after submitting to the Commissioner the development and sales plan under
which lots, parcels or interests are to be offered for sale or lease and securing approval, to change that plan without first
notifying the Commissioner in writing of the intended change. Upon the filing of any notice of change and pending
amendment of the Public Report, if an amendment to the public report and suspension of sales is required by ADRE the
Owner/Applicant must agree to suspend sales or, with ADRE approval, continue sales by providing the purchaser a copy of
the current Public Report and written disclosure of all changes prior to signing a contract. If an amendment to the public
report and suspension of sales is required, prior to continuing sales, the Owner/Applicant must obtain ADRE approval of
the form and content of the disclosure of changes. If an amendment to the public report is required, sales after the notice
of the material change must be conditioned upon purchaser receiving the Amended Subdivision Disclosure Report for
which a Public Report receipt shall be taken. NON-COMPLIANCE MAY RESULT IN VOIDABLE SALES AND THE RIGHT OF
RESCISSION FOR PURCHASERS. FURTHER, THE DEPARTMENT MAY IMPOSE ADMINISTRATIVE PENALTIES.
