A.R.S. § 44-1274
§ 44-1274. Bond; amount; filing; beneficiaries; cancellation
A.
A seller shall maintain a bond of one hundred thousand dollars issued by a surety company duly
authorized to do business in this state. The bond shall be filed with the state treasurer. No control or
beneficiary interest may be held by the seller in the surety or by the surety company in the seller.
B.
The bond required by subsection A of this section shall be in favor of this state to be held in trust by
the state treasurer for the benefit of any consumer who suffers financial damage as a result of a violation of
this article or an unlawful practice pursuant to section 44-1522.
C.
A consumer who makes a claim against the bond may maintain an action against the seller and the surety,
except that the surety is liable only for any monies paid by the consumer to the seller or solicitor, plus
reasonable attorney fees. The surety bond may be sued upon in successive actions until the full amount is
exhausted. A consumer may not commence suit on the bond more than four years after the act or omission on
which the suit is based. Subject to the limitations in this article, a surety is liable for damages for an act
or omission during the time the bond is in effect.
D.
The aggregate liability of the surety to all consumers for all breaches of the conditions of the bond
provided in this section shall not exceed the amount of the bond.
E.
A surety for any cause may cancel the bond by giving sixty days' written notice by certified mail of the
cancellation to the state treasurer, the attorney general and the seller. On or before the effective date of
the cancellation of the bond, the seller shall either obtain a new bond which meets the requirements of this
section and file a copy of the new bond with the state treasurer or make a cash deposit.
F.
In lieu of furnishing the surety bond as required by this section, the seller may deposit with the state
treasurer a cash deposit in the required amount.
G.
The state treasurer shall maintain cash deposited pursuant to this section in an interest bearing trust
account on behalf of the depositor. Deposits plus accrued interest may be withdrawn, if there are no
outstanding claims against them, four years after the seller ceases to do business in this state. Deposits may
be withdrawn four years after the filing of a surety bond as a replacement to the cash deposit.