Title 17 — Professions, Occupations, and Businesses
83 chapters · 2,038 sections in this title.
Ark. Code Ann. § 17-42-101 Title
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This chapter shall be known as the “Real Estate License Law”.
Ark. Code Ann. § 17-42-102 Legislative findings and intent
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The legislature finds that it is necessary to regulate the practice of real estate brokers and salespersons in order to protect the public health, safety, and welfare. It is the legislature's intent that only individuals who meet and maintain minimum standards of competence and c…
Ark. Code Ann. § 17-42-103 Definitions
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(1) As used in this chapter:(1) (A) “Associate broker” means an individual who has a broker's license and who is employed by a principal broker, or is associated with a principal broker as an independent contractor, and who participates in any activity described in subdivision (1…
Ark. Code Ann. § 17-42-104 Exemptions — Definition
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(a) This chapter does not apply to:(1) A person not licensed under this chapter who performs any of the acts described in § 17-42-103(10) as:(A) An owner of an individual freehold or leasehold interest in real estate;(B) In the case of a corporation, limited liability company, li…
Ark. Code Ann. § 17-42-105 Violations and criminal sanctions
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(a) It is unlawful to:(1) Engage in unlicensed real estate activity; or(2) Violate this chapter:(A) Individually; or(B) As an officer, agent, or member of a firm, corporation, partnership, copartnership, association, limited liability company, or other entity by participating in …
Ark. Code Ann. § 17-42-106 Injunction
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(a) If the Arkansas Real Estate Commission has reason to believe that a person has violated a provision of this chapter, the commission or its designee may bring an action in the circuit court of any county in which the person resides or does business to enjoin the person from co…
Ark. Code Ann. § 17-42-107 Capacity to sue and be sued — Definition
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(a) An action or suit shall not be instituted, nor recovery be had, in any court of this state by any person or other legal entity for compensation for performance of any acts described in § 17-42-103(10) or § 17-42-103(12) unless at the time of offering to perform and performing…
Ark. Code Ann. § 17-42-108 Disclosure requirement
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(a) (1) In every real estate transaction involving a licensee, the licensee shall clearly disclose to all parties or to their agents which party or parties he or she is representing.(2) A licensee may represent more than one (1) party to a real estate transaction pursuant to and …
Ark. Code Ann. § 17-42-109 Civil penalties for engaging in unlicensed real estate activity
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(a) If after notice and a hearing in accordance with this chapter and the Arkansas Administrative Procedure Act, § 25-15-201 et seq., the Arkansas Real Estate Commission finds that a person has engaged in unlicensed real estate activity, the commission may impose a civil penalty …
Ark. Code Ann. § 17-42-110 Broker's price opinions
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(a) A real estate broker or salesperson may prepare, provide, and collect a fee for issuing a brokers price opinion for:(1) An existing or potential seller for the purposes of listing and selling real estate;(2) An existing or potential buyer of real estate;(3) A third party maki…
Ark. Code Ann. § 17-42-111 Rules
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The Arkansas Real Estate Commission shall promulgate rules to implement this act.
Ark. Code Ann. § 17-42-201 Creation — Members
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(a) (1) The Arkansas Real Estate Commission shall consist of five (5) members, appointed by the Governor for terms of three (3) years, whose terms shall begin on January 1 and end on December 31 of the third year or when their respective successors are appointed and qualified.(2)…
Ark. Code Ann. § 17-42-202 Organization — Employees
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(a) (1) Immediately upon the qualification of the member appointed in each year, the Arkansas Real Estate Commission shall meet and organize by selecting from its members a chair and vice chair.(2) A simple majority shall constitute a quorum.(3) The commission shall meet as often…
Ark. Code Ann. § 17-42-203 Powers and duties
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(a) The Arkansas Real Estate Commission may do all things necessary and convenient for carrying into effect the provisions of this chapter and may from time to time promulgate necessary or desirable rules. (b) The commission shall have power to administer oaths. (c) The commissio…
Ark. Code Ann. § 17-42-204 Disposition of funds — Fund created
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(a) Except as otherwise provided herein, all fees, charges, fines, and penalties collected by the Arkansas Real Estate Commission shall be deposited into a fund to be known as the “Arkansas Real Estate Commission Fund”. (b) The commission is empowered to expend funds appropriated…
Ark. Code Ann. § 17-42-205 Subpoenas and subpoenas duces tecum
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(a) The Arkansas Real Estate Commission shall have the power to issue subpoenas and subpoenas duces tecum in connection with both its investigations and hearings. (b) A subpoena duces tecum may require any book, writing, document, or other paper or thing which is germane to an in…
Ark. Code Ann. § 17-42-301 License required — Violations
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(a) A person shall not practice or represent himself or herself as a real estate broker, property management associate, property management broker, or salesperson without first applying for and receiving the appropriate license to practice under this chapter. (b) Any person who d…
Ark. Code Ann. § 17-42-302 Issuance or denial of license
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(a) The Arkansas Real Estate Commission shall issue a license to any applicant who meets the following requirements:(1) Attainment of the age of majority;(2) Successful completion of educational requirements prescribed by this chapter;(3) Successful completion of experience requi…
Ark. Code Ann. § 17-42-303 Education and experience requirements
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(a) The Arkansas Real Estate Commission shall establish education requirements for licensure, including the standards and procedures for approval of education programs, subject to the following conditions:(1) The education hours required of an applicant for a real estate brokers …
Ark. Code Ann. § 17-42-304 Fees
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(1) The Arkansas Real Estate Commission shall have authority to establish, charge, and collect the following fees:(1) An application fee not to exceed fifty dollars ($50.00);(2) An original real estate broker's license fee not to exceed eighty dollars ($80.00);(3) A real estate b…
Ark. Code Ann. § 17-42-305 Nonresident license requirements
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(a) In order to be licensed in Arkansas a nonresident must:(1) Either:(A) Meet the requirements of § 17-42-302; or(B) Show satisfactory proof of current active licensure in the applicant's resident jurisdiction, which must be a jurisdiction that offers Arkansas licensees opportun…
Ark. Code Ann. § 17-42-306 Application procedure — Licensing examination required
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(a) (1) Applications for licensure shall be submitted on forms provided by the Arkansas Real Estate Commission.(2) The commission may require any information and documentation needed to determine if the applicant meets the criteria for licensure as provided in this chapter.(3) Ea…
Ark. Code Ann. § 17-42-307 Expiration and renewal
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(a) Every license shall expire on a date established by the Arkansas Real Estate Commission. (b) (1) A broker or salesperson shall complete annually:(A) Not less than six (6) or more than seven (7) classroom hours of continuing education required by the commission with at least o…
Ark. Code Ann. § 17-42-308 Inactive license
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(a) (1) A licensee may place his or her license on inactive status.(2) The holder of an inactive license shall not practice as a real estate broker, salesperson, property management associate, or property management broker in this state without first activating the license. (1) A…
Ark. Code Ann. § 17-42-309 Place of business
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(a) Every principal broker shall maintain a place of business and shall display a permanently attached sign bearing the name under which the principal broker conducts his or her real estate business and the words “real estate”, “realty”, or other words approved by the Arkansas Re…
Ark. Code Ann. § 17-42-310 Change of name or address — Lost license or card
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(a) (1) When a licensee changes his or her name, place of business, or address shown on the license, or loses a license or pocket card, he or she shall promptly notify the Arkansas Real Estate Commission of such a change or loss.(2) Upon receipt of the notice and payment of the r…
Ark. Code Ann. § 17-42-311 Violations
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(a) The following acts, conduct, or practices are prohibited, and any licensee found guilty shall be subject to disciplinary action as provided in § 17-42-312:(1) Obtaining a license by means of fraud, misrepresentation, or concealment;(2) Violating any of the provisions of this …
Ark. Code Ann. § 17-42-312 Investigation of complaint — Citations — Penalties
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(a) (1) The Arkansas Real Estate Commission may, on its own motion, and shall, upon the verified complaint in writing of any person, provided that the complaint and any evidence, documentary or otherwise, presented in connection therewith shall make out a prima facie case, invest…
Ark. Code Ann. § 17-42-313 Dismissal of complaint — Appeal
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(a) Any person whose complaint against a licensed real estate broker, salesperson, property management associate, or property management broker is dismissed by the Executive Director of the Arkansas Real Estate Commission without a hearing may appeal the dismissal to the Arkansas…
Ark. Code Ann. § 17-42-314 Hearings
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(a) Proceedings under § 17-42-312 and hearings on denials of licenses shall be conducted pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (b) Except in cases in which a licensee has obtained a license by false or fraudulent representation, the Arkansas R…
Ark. Code Ann. § 17-42-315 Criminal background check
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(a) (1) The Arkansas Real Estate Commission may require each original applicant for a license issued by the commission to apply to the Identification Bureau of the Division of Arkansas State Police for a state and federal criminal background check to be conducted by the Identific…
Ark. Code Ann. § 17-42-316 Agency relationship and duties generally
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(a) The common law of agency under Arkansas as supplemented by this section applies to the relationship between a licensee and the licensee's client. (b) (1) (A) Except as provided under subdivision (b)(1)(B) of this section, in accepting employment by a client, a licensee pledge…
Ark. Code Ann. § 17-42-317 Representing seller or lessor in an agency relationship
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(a) When representing a seller or lessor in an agency relationship, a licensee shall:(1) (A) Use reasonable efforts to obtain a purchase or lease offer at a price and with terms acceptable to the seller or lessor.(B) Unless requested by the seller or lessor, the licensee is not o…
Ark. Code Ann. § 17-42-318 Representing buyer or lessee in an agency relationship
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(a) When representing a buyer or lessee in an agency relationship, a licensee shall:(1) (A) Use reasonable efforts to locate a property at a price and with purchase or lease terms acceptable to the buyer or lessee.(B) Unless requested by the client, the licensee is not obligated …
Ark. Code Ann. § 17-42-319 Waiver of agency duties
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(a) A licensee shall perform the duties required under § 17-42-317 or § 17-42-318 unless the client agrees to waive these duties and signs a waiver of duties statement that contains:(1) A list of the fiduciary duties required of all licensees under § 17-42-316;(2) A list of the d…
Ark. Code Ann. § 17-42-401 Applicability
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(1) The provisions of this subchapter shall apply only to:(1) Licensees who were licensed at the time of the occurrence of the acts or violations complained of; and(2) Acts or violations which occur after December 31, 1979. (1) Licensees who were licensed at the time of the occur…
Ark. Code Ann. § 17-42-402 Construction
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Nothing in this subchapter shall be construed to limit or restrict in any manner other civil or criminal remedies which may be available to any person.
Ark. Code Ann. § 17-42-403 Creation — Administration
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There is created and established the “Real Estate Recovery Fund”, which shall be maintained and administered by the Arkansas Real Estate Commission as provided in this subchapter.
Ark. Code Ann. § 17-42-404 Fees — Use of fund
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(a) The Arkansas Real Estate Commission shall set the fees at such amount as it deems necessary to initially establish the Real Estate Recovery Fund and to reestablish the fund at the beginning of each annual renewal period. However, the fees shall not exceed the limits set forth…
Ark. Code Ann. § 17-42-405 Additional fee
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(a) In addition to the other fees provided for in this chapter and rules of the Arkansas Real Estate Commission, each licensed real estate broker and salesperson shall pay to the commission for the benefit of the Real Estate Recovery Fund a fee as the commission may require, not …
Ark. Code Ann. § 17-42-406 Disciplinary hearing — Procedure
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(a) (1) In any disciplinary hearing before the Arkansas Real Estate Commission which involves any licensee who has allegedly violated any provision of this chapter or commission rules, the commission shall first determine whether a violation has occurred.(2) If so, the commission…
Ark. Code Ann. § 17-42-407 Jurisdiction
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(a) The Arkansas Real Estate Commission's jurisdiction and authority to award damages to an aggrieved party pursuant to § 17-42-406 is limited to actual, compensatory damages. The commission shall not award punitive or exemplary damages, nor shall it award interest on damages. (b…
Ark. Code Ann. § 17-42-408 Appeal
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(a) An appeal may be taken to the circuit court from a final order of the Arkansas Real Estate Commission in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (b) An appeal shall automatically stay that portion of the commission's order which directs …
Ark. Code Ann. § 17-42-409 Subrogation — Suspension of license
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(1) Upon the payment by the Arkansas Real Estate Commission of any amount of money under the provisions of § 17-42-406:(1) The recipients of the payment, to the extent of the payment, shall assign to the commission all rights and claims that they may have against the licensee inv…
Ark. Code Ann. § 17-42-410 [Repealed.]
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A.C.A. § 17-42-410Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved
Ark. Code Ann. § 17-42-501 Real estate education program
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(a) The Arkansas Real Estate Commission shall establish an education program for real estate brokers, salespersons, and property management licensees to ensure that education is available and accessible to an applicant or a licensee. (b) The education program is intended to fulfi…
Ark. Code Ann. § 17-42-502 Definitions
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(1) As used in this subchapter:(1) “Accredited college or university” means a state-supported institution of higher education or a nonpublic, not-for-profit college or university currently incorporated and recognized by the Arkansas Higher Education Coordinating Board as an Arkan…
Ark. Code Ann. § 17-42-503 Exemptions
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(a) The licensing requirements of this subchapter do not apply to:(1) The National Association of Realtors, the National Association of Real Estate Brokers, or other associated entities if each association identifies an administrator;(2) An accredited college or university; or(3)…
Ark. Code Ann. § 17-42-504 Requirements — Mandatory real estate education
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(a) A person shall not practice as a provider of real estate education for real estate licensure unless the person holds a real estate license under this subchapter. (b) A person or school shall not represent that an offered real estate course satisfies the education requirements…
Ark. Code Ann. § 17-42-505 Civil penalties — Jurisdiction
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(a) If after notice and a hearing under this subchapter and the Arkansas Administrative Procedure Act, § 25-15-201 et seq., the Arkansas Real Estate Commission finds that a person has offered a nonqualified offering, the commission may impose a civil penalty of no more than five …