Sections
Article 1 Real Estate Department 32-2101 – 32-2119
Article 2 Licensing 32-2121 – 32-2137
Article 3 Regulation 32-2151 – 32-2166
Article 3.1 Property Management 32-2171 – 32-2176
Article 4 Sale of Subdivided Lands 32-2181 – 32-2185.09
Article 5 Real Estate Recovery Fund 32-2186 – 32-2193.02
Article 6 Organization and Regulation of Cemeteries 32-2194 – 32-2194.33
Article 7 Sale of Unsubdivided Lands 32-2195 – 32-2195.12
Article 9 Real Estate Timeshares 32-2197 – 32-2197.24
Article 10 Membership Camping 32-2198 – 32-2198.14
Article 11 Administrative Hearings 32-2199 – 32-2199.05

Terms Used In Arizona Laws > Title 32 > Chapter 20

  • Accommodation: means any apartment, condominium or cooperative unit, cabin, lodge, hotel or motel room, or other private or commercial structure containing toilet facilities that is designed and available for use and occupancy as a residence by one or more individuals and that is included in the offering of a timeshare plan. See Arizona Laws 32-2197
  • Acting in concert: means evidence of collaborating to pursue a concerted plan. See Arizona Laws 32-2101
  • Advertisement: means any written, oral or electronic communication that is directed to or targeted to persons in this state and that contains a promotion, inducement, premium or offer to sell a timeshare plan, including brochures, pamphlets, radio and television scripts, electronic media, telephone and direct mail solicitations and other means of promotions. See Arizona Laws 32-2197
  • Advertising: means the attempt by publication, dissemination, exhibition, solicitation or circulation, oral or written, or for broadcast on radio or television to induce directly or indirectly any person to enter into any obligation or acquire any title or interest in lands subject to this chapter including the land sales contract to be used and any photographs, drawings or artist's presentations of physical conditions or facilities existing or to exist on the property. See Arizona Laws 32-2101
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appraisal: A determination of property value.
  • Assessment: means the share of funds required for the payment of common expenses that the managing entity assesses periodically against each purchaser. See Arizona Laws 32-2197
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Associate broker: means a licensed broker who is employed by another broker. See Arizona Laws 32-2101
  • Association: means any organized body consisting of the purchasers of interests in a timeshare plan. See Arizona Laws 32-2197
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Blanket encumbrance: means any mortgage, any deed of trust or any other encumbrance or lien securing or evidencing the payment of money and affecting more than one lot or parcel of subdivided land, or an agreement affecting more than one lot or parcel by which the subdivider holds the subdivision under an option, contract to sell or trust agreement. See Arizona Laws 32-2101
  • Board: means the state real estate advisory board. See Arizona Laws 32-2101
  • Board of adjustment: means the official body designated by local ordinance to hear and decide applications for variances from the terms of the zoning ordinance and appeals from the decision of the zoning administrator. See Arizona Laws 9-462
  • Broker: when used without modification, means a person who is licensed as a broker under this chapter or who is required to be licensed as a broker under this chapter. See Arizona Laws 32-2101
  • Cemetery broker: means a person other than a real estate broker or real estate salesperson who, for another, for compensation:

    (a) Sells, leases or exchanges cemetery property or interment services of or for another, or on the person's own account. See Arizona Laws 32-2101

  • cemetery property: means any one, or a combination of more than one, of the following in a place that is used, or intended to be used, and dedicated for cemetery purposes:

    (a) A burial park, for earth interments. See Arizona Laws 32-2101

  • Cemetery salesperson: means a natural person who acts on the person's own behalf or through and on behalf of a professional limited liability company or a professional corporation engaged by or on behalf of a licensed cemetery or real estate broker, or through and on behalf of a corporation, partnership or limited liability company that is licensed as a cemetery or real estate broker, to perform any act or transaction included in the definition of cemetery broker. See Arizona Laws 32-2101
  • Commissioner: means the state real estate commissioner. See Arizona Laws 32-2101
  • Compensation: means any fee, commission, salary, money or other valuable consideration for services rendered or to be rendered as well as the promise of consideration whether contingent or not. See Arizona Laws 32-2101
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Component site: means a specific geographic location where accommodations that are part of a multisite timeshare plan are located. See Arizona Laws 32-2197
  • Contiguous: means lots, parcels or fractional interests that share a common boundary or point. See Arizona Laws 32-2101
  • Contract: A legal written agreement that becomes binding when signed.
  • controlled: means a person who, through ownership, voting rights, power of attorney, proxy, management rights, operational rights or other rights, has the right to make decisions binding on an entity, whether a corporation, a partnership or any other entity. See Arizona Laws 32-2101
  • Conviction: A judgement of guilt against a criminal defendant.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the state real estate department. See Arizona Laws 32-2101
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Designated broker: means the natural person who is licensed as a broker under this chapter and who is either:

    (a) Designated to act on behalf of an employing real estate, cemetery or membership camping entity. See Arizona Laws 32-2101

  • Developer: means either of the following:

    (a) Any person, corporation, partnership, limited liability company, trust or other entity, other than a sales agent, that creates a timeshare plan or is in the business of selling timeshare interests or employs sales agents to sell timeshare interests. See Arizona Laws 32-2197

  • Developer: means a person who offers real property in a development for sale, lease or use, either immediately or in the future, on the person's own behalf or on behalf of another person, under this chapter. See Arizona Laws 32-2101
  • Development: means any division, proposed division or use of real property that the department has authority to regulate, including subdivided and unsubdivided lands, cemeteries, condominiums, timeshares, membership campgrounds and stock cooperatives. See Arizona Laws 32-2101
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • disposition: means a voluntary transfer or assignment of any legal or equitable interest in a timeshare plan other than the creation, transfer, assignment or release of a security interest. See Arizona Laws 32-2197
  • Employing broker: means a person who is licensed or is required to be licensed as a:

    (a) Broker entity pursuant to section 32-2125, subsection A. See Arizona Laws 32-2101

  • endowed care: means the maintenance and care of all places where interments have been made of the trees, shrubs, roads, streets and other improvements and embellishments contained within or forming a part of the cemetery but does not include the maintenance or repair of monuments, tombs, copings or other man-made ornaments as associated with individual burial spaces. See Arizona Laws 32-2101
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Exchange program: means any method, arrangement or procedure for the voluntary exchange of timeshare interests or other property interests. See Arizona Laws 32-2197
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Fractional interest: means an undivided interest in improved or unimproved land, lots or parcels of any size created for the purpose of sale or lease and evidenced by any receipt, certificate, deed or other document conveying the interest. See Arizona Laws 32-2101
  • Fraud: Intentional deception resulting in injury to another.
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grantor: includes every person from or by whom an estate or interest in real property passes, in or by a deed. See Arizona Laws 1-215
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
  • Judgment: means either:

    (a) A final judgment in a court of competent jurisdiction. See Arizona Laws 32-2186

  • Judgment debtor: means any defendant under this article who is the subject of a judgment. See Arizona Laws 32-2186
  • lease: includes every disposition, transfer, option or offer or attempt to dispose of or transfer real property, or an interest, use or estate in the real property, including the offering of the property as a prize or gift if a monetary charge or consideration for whatever purpose is required. See Arizona Laws 32-2101
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • leasing: includes any lease, whether it is the sole, the principal or any incidental part of a transaction. See Arizona Laws 32-2101
  • License: means the whole or part of any agency permit, certificate, approval, registration, public report, charter or similar form of permission required by this chapter. See Arizona Laws 32-2101
  • License period: means the two-year period beginning with the date of original issue or renewal of a particular license and ending on the expiration date, if any. See Arizona Laws 32-2101
  • Licensee: means a person to whom a license for the current license period has been granted under any provision of this chapter, and, for purposes of section 32-2153, subsection A, shall include original license applicants. See Arizona Laws 32-2101
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Lot reservation: means an expression of interest by a prospective purchaser in buying at some time in the future a subdivided or unsubdivided lot, unit or parcel in this state. See Arizona Laws 32-2101
  • Managing entity: means the association or other person that undertakes the duties, responsibilities and obligations of the management of a timeshare plan. See Arizona Laws 32-2197
  • Master planned community: means a development that consists of two or more separately platted subdivisions and that is either subject to a master declaration of covenants, conditions or restrictions, is subject to restrictive covenants sufficiently uniform in character to clearly indicate a general scheme for improvement or development of real property or is governed or administered by a master owner's association. See Arizona Laws 32-2101
  • Member: means a member of the real estate advisory board. See Arizona Laws 32-2101
  • Membership camping broker: means a person, other than a salesperson, who, for compensation:

    (a) Sells, purchases, lists, exchanges or leases membership camping contracts. See Arizona Laws 32-2101

  • Membership camping contract: means an agreement that is offered or sold in this state evidencing a purchaser's right or license to use the camping or outdoor recreation facilities of a membership camping operator and includes a membership that provides for this use. See Arizona Laws 32-2101
  • Membership camping operator: means an enterprise, other than one that is tax exempt under section 501(c)(3) of the internal revenue code of 1986, as amended, that solicits membership paid for by a fee or periodic payments and has as one of its purposes camping or outdoor recreation, including the use of camping sites primarily by members. See Arizona Laws 32-2101
  • Membership camping salesperson: means a natural person who acts on the person's own behalf or through and on behalf of a professional limited liability company or a professional corporation engaged by or on behalf of a licensed membership camping or real estate broker, or by or on behalf of a corporation, partnership or limited liability company that is licensed as a membership camping or real estate broker, to perform any act or participate in any transaction in a manner included in the definition of membership camping broker. See Arizona Laws 32-2101
  • Minor: means a person under the age of eighteen years. See Arizona Laws 1-215
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Multisite timeshare plan: includes a specific timeshare interest or a nonspecific timeshare interest. See Arizona Laws 32-2197
  • municipality: means an incorporated city or town. See Arizona Laws 9-461
  • municipality: means an incorporated city or town. See Arizona Laws 9-462
  • Nonspecific timeshare interest: means the right to use accommodations at more than one component site created by or acquired through the timeshare plan's reservation system, but not including a specific right to use any particular accommodations. See Arizona Laws 32-2197
  • Oath: includes an affirmation or declaration. See Arizona Laws 1-215
  • offering: means any marketing, promotion, solicitation or advertising of any kind that is intended to interest prospective customers in the sale, lease or use of a timeshare interest in a timeshare plan, other than as security for an obligation, whether now or in the future. See Arizona Laws 32-2197
  • Online course: means prelicensure education that is a planned learning experience with a geographic separation that may be synchronous or asynchronous, that does not require real-time interaction between a student and an instructor and that uses a platform with self-paced or prerecorded lessons and materials that a student can access via the internet to proceed at the student's own pace. See Arizona Laws 32-2101
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Perpetual or endowed-care cemetery: means a cemetery wherein lots or other burial spaces are sold or transferred under the representation that the cemetery will receive perpetual care or endowed care free of further cost to the purchaser after payment of the original purchase price for the lot, burial space or interment right. See Arizona Laws 32-2101
  • Person: means a natural person, corporation, limited liability company, partnership, joint venture, association, estate, trust, federal or state government, political subdivision or other legal entity or any combination of these entities. See Arizona Laws 32-2197
  • Person: means any individual, corporation, partnership or company and any other form of multiple organization for carrying on business, foreign or domestic. See Arizona Laws 32-2101
  • Personal property: includes money, goods, chattels, things in action and evidences of debt. See Arizona Laws 1-215
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Planning agency: means the official body designated by local ordinance to carry out the purposes of this article and may be a planning department, a planning commission, a hearing officer, the legislative body itself or any combination thereof. See Arizona Laws 9-462
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Population: means the population according to the most recent United States decennial census. See Arizona Laws 1-215
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Premium: means anything of value offered, promised or given to a prospective customer as an incentive to attend a presentation for the sale, lease or use of a timeshare interest or to tour or visit a timeshare property. See Arizona Laws 32-2197
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Promotion: means a plan or device, including one involving the possibility of a prospective purchaser receiving a vacation, discount vacation, gift or prize, used by a developer or the developer's employee, or on the developer's behalf by an agent or the agent's employee, an independent contractor or the independent contractor's employee in connection with the offering and sale of timeshare interests in a timeshare plan. See Arizona Laws 32-2197
  • promotional practice: means advertising and any other act, practice, device or scheme to induce directly or indirectly any person to enter into any obligation or acquire any title or interest in or use of real property subject to this chapter, including meetings with prospective purchasers, arrangements for prospective purchasers to visit real property, travel allowances and discount, exchange, refund and cancellation privileges. See Arizona Laws 32-2101
  • Property: includes both real and personal property. See Arizona Laws 1-215
  • Property management firm: means any corporation, partnership or limited liability company licensed pursuant to section 32-2125, subsection A or a designated broker that by written agreement, manages rental property or properties for compensation. See Arizona Laws 32-2171
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Purchase agreement: means a document that legally obligates a person to sell or buy a timeshare interest. See Arizona Laws 32-2197
  • Purchaser: means any person, other than a developer, who, by means of a voluntary transfer, acquires a legal or equitable interest in a timeshare plan other than a security for an obligation. See Arizona Laws 32-2197
  • Quorum: The number of legislators that must be present to do business.
  • Real estate: includes leasehold-interests and any estates in land as defined in title 33, chapter 2, articles 1 and 2, regardless of whether located in this state. See Arizona Laws 32-2101
  • Real estate broker: means a person, other than a salesperson, who, for another and for compensation:

    (a) Sells, exchanges, purchases, rents or leases real estate, businesses and business opportunities or timeshare interests. See Arizona Laws 32-2101

  • Real estate sales contract: means an agreement in which one party agrees to convey title to real estate to another party on the satisfaction of specified conditions set forth in the contract. See Arizona Laws 32-2101
  • Real estate salesperson: means a natural person who acts on the person's own behalf or through and on behalf of a professional limited liability company or a professional corporation engaged by or on behalf of a licensed real estate broker, or by or on behalf of a limited liability company, partnership or corporation that is licensed as a real estate broker, to perform any act or participate in any transaction in a manner included in the definition of real estate broker subject to section 32-2155. See Arizona Laws 32-2101
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Redemption certificate: means a premium that grants a right to or the promise of the future delivery of goods or services and that is conditioned on the holder's compliance with stated requirements, limitations or conditions. See Arizona Laws 32-2197
  • Rental agreement: means a lease or leasing agreement. See Arizona Laws 32-2171
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Reservation system: means the method, arrangement or procedure in which a purchaser, in order to reserve the use or occupancy of any accommodation of a multisite timeshare plan for one or more timeshare periods, is required to compete with other purchasers in the same multisite timeshare plan, regardless of whether the reservation system is operated and maintained by the multisite timeshare plan managing entity, an exchange company or any other person. See Arizona Laws 32-2197
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Right-of-way: means any public right-of-way and includes any area required for public use pursuant to any general or specific plan. See Arizona Laws 9-461
  • Sales agent: means a person who, directly or through the person's employees, agents or independent contractors, sells or offers to sell one or more timeshare interests in a timeshare plan to any individual in this state. See Arizona Laws 32-2197
  • Salesperson: when used without modification, means a natural person who acts on the person's own behalf or through and on behalf of a professional limited liability company or a professional corporation licensed under this chapter or any person required to be licensed as a salesperson under this chapter. See Arizona Laws 32-2101
  • School: means a person or entity that offers a course of study towards completion of the education requirements leading to licensure or renewal of licensure under this chapter. See Arizona Laws 32-2101
  • Service of process: The service of writs or summonses to the appropriate party.
  • Specific plan: means a detailed element of the general plan enacted under the provisions of this article or a prior statute. See Arizona Laws 9-461
  • Subdivider: means any person who offers for sale or lease six or more lots, parcels or fractional interests in a subdivision or who causes land to be subdivided into a subdivision for the subdivider or for others, or who undertakes to develop a subdivision, but does not include a public agency or officer authorized by law to create subdivisions. See Arizona Laws 32-2101
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Testify: includes every manner of oral statement under oath or affirmation. See Arizona Laws 1-215
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Timeshare interest: includes either a timeshare estate or a timeshare use. See Arizona Laws 32-2197
  • Timeshare period: means the period of time when the purchaser of a timeshare plan is afforded the opportunity to use the accommodations of a timeshare plan. See Arizona Laws 32-2197
  • Timeshare plan: means any arrangement, plan or similar device, other than an exchange program, whether by membership agreement, sale, lease, deed, license or right-to-use agreement or by any other means, in which a purchaser, in exchange for consideration, receives ownership rights in or the right to use accommodations for a period of time less than a full year during any given year, but not necessarily for consecutive years. See Arizona Laws 32-2197
  • Timeshare property: means one or more accommodations subject to the same timeshare instrument, together with any other property or rights to property appurtenant to those accommodations. See Arizona Laws 32-2197
  • timeshare property: means real property ownership or right of occupancy in real property pursuant to article 9 of this chapter. See Arizona Laws 32-2101
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: means :

    (a) A person who is designated under section 32-2194. See Arizona Laws 32-2101

  • Unimproved lot or parcel: means a lot or parcel of a subdivision that is not an improved lot or parcel. See Arizona Laws 32-2101
  • United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
  • Writ: means an order or precept in writing issued in the name of the state or by a court or judicial officer. See Arizona Laws 1-215
  • Zoning administrator: means the official responsible for enforcement of the zoning ordinance. See Arizona Laws 9-462
  • Zoning ordinance: means a municipal ordinance regulating the use of the land or structures, or both, as provided in this article. See Arizona Laws 9-462