Arizona has a law, ARS §28-8485 that requires Seller’s to disclose if they are selling a home in an Airport influence area. Most Sellers are unaware of this law and do not research prior to selling their home to determine if they are located in an airport influence area. The state legislation provides that they can,
Designate(d) as an airport influence area all property that is in the vicinity of the airport, that is currently exposed to aircraft noise and overflight and that either has a day-night average sound level of sixty-five decibels or higher or is within such geographical distance from an existing runway that exposes the area to aircraft noise and overflights as determined by the airport owner or operator.
Sixty-five decibels is not that loud. This level can be closely compared to a normal conversation level when you are speaking to someone about 3 feet away. That could be difficult for home owners to determine since not everybody has a decibel meter. So how does a seller know if their home is located in an airport influence area? The state or the governing body is supposed to file a record with the county recorder of the airport influence areas. In addition, ARS §28-8486 requires the state real estate department to have and make available to the public on request a map showing the exterior boundaries of each territory in the vicinity of a public airport.
Not only are you required to disclose if your home is in the vicinity of a public airport but a military airport as well. Military airports are to provide a registry of information including maps of military flight operations which will provide exterior boundaries of each territory in the vicinity of a military airport and the exterior boundaries of each high noise or accident potential zone.
The Arizona Department of Real Estate provides the maps on their web-site disclosing what properties are in the vicinity of an airport. To view this information click HERE.
American Realty Brokers utilizes these maps as disclosures to buyers so they are disclosed what is legal required and that sellers stay in compliance with the law.
There are many other disclosures that need to be disclosed by the Seller to the Buyer. For professional representation in your real estate transaction, call American Realty Brokers.
The views and opinions on this blog are specifically for real estate in the Great Metropolitan Area of Phoenix, Arizona. This information is not to be viewed as legal advice and American Realty Brokers advises you to obtain professional representation prior to utilizing information from this blog.
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