ARS Section 33-411 Interpretation
In Phipps v. CW Leasing, Inc., 186 Ariz. 397, 923 P.2d 863 (App. 1996) the Court observed that such an instrument is required by 33-411 to be acknowledged in order to be "'deemed lawfully recorded.'" Id. at 401, 923 P.2d at 867, quoting 33-411(B).
The Court further noted that the same statute contains a provision that expressly cures "any defect, omission or informality in the certificate of acknowledgment" under certain circumstances. Id., quoting 33-411(C). Because the right of refusal in that case both lacked the necessary acknowledgement and did not fall within the exceptions provided by statute, we concluded it failed to give constructive notice. Id. at 401-02, 923 P.2d at 867-68.