Seller disclosure requirements in Arkansas

Is a disclosure form required by law?

Not for the owner. The Commission’s executive director wrote, in a column published on the Commission’s site, that “there is no disclosure statute addressing the individual owner/seller” in Arkansas real property transactions. He added that when buyer and seller deal without agents, any disclosure duty “is determined by the contractual agreement of the parties.” The column carries no date. Searching the April 2026 version of the License Law for disclosure provisions turned up duties for licensees (below) but none that requires an owner to complete a condition form.

I could not open the Arkansas Code text of § 17-10-101 itself. The Commission’s column describes it this way: a history of a homicide, suicide or felony at a property is not a material fact that must be disclosed in a real property transaction. An agent must still answer a direct question honestly.

What the agent must do

The seller’s agent is regulated even though the seller is not.

• Material facts. A licensee representing a client must disclose “material facts of the transaction that the licensee is aware of or should be aware of in the exercise of reasonable skill and care” (Ark. Code § 17-42-316, in the License Law).
• Knowledge of the property. Commission Rule 17 CAR § 220-1005 says a licensee “shall exert reasonable efforts to ascertain those facts that are material to the value or desirability” of each listed property, so as to avoid intentional or negligent misrepresentation.
• Agency disclosure. Under § 17-42-108 and Commission rules, the agent must tell all parties in writing whom the agent represents. This is a different disclosure from property condition.

In practice, many Arkansas sellers fill out a voluntary property disclosure form published by a state Realtor trade association. The Commission’s column says buyers can ask for it as part of an offer. Because it is voluntary, a seller who completes it should answer truthfully: the form states what the seller knows, and an agent who knows a statement is false has duties of their own under the rules above.

Exemptions

Because no state disclosure statute applies to owners, there is no state exemption list to read. The two sets of exemptions that do exist are narrower:

What happens if a seller does not disclose

I found no Arkansas statute or Commission rule that sets a penalty for an owner who stays silent, because none requires the owner to speak. That does not make false statements safe. If a seller, in a signed form or in answer to a direct question, says something untrue, the contract and general law on misrepresentation can apply. The Commission’s own column points back to the contract. Our sources do not say how Arkansas courts treat silence about a defect, so a buyer who finds a problem after closing should ask an attorney how the contract and the facts fit together. See when to hire an Arkansas real estate attorney.

Federal lead-based paint rule (homes built before 1978)

This rule applies in Arkansas as everywhere. Before a buyer is bound by a contract, the seller (and the agent) must, according to EPA:

1. Give the buyer the EPA pamphlet “Protect Your Family From Lead In Your Home.”
2. Disclose any known lead-based paint or hazards and give the buyer any records or reports.
3. Include a Lead Warning Statement in the contract or an attachment.
4. Allow the buyer 10 days to inspect for lead, unless both sides agree in writing to another period (the buyer may waive it).
5. Keep a signed copy of the disclosures for three years after the sale.

Agents must tell sellers about these duties and share responsibility if the seller fails to disclose, EPA says.

What buyers can do instead

Since the law leaves condition disclosure to the contract, the buyer’s protection is to look. Order a home inspection, read any form the seller completes, and ask questions in writing. Our Arkansas license guide shows how to check the inspector’s registration. For the other steps in the process, see the home-buying steps guide.