Arkansas Agency Law: What the Exam Tests

Arkansas's agency law follows general principles with some state-specific requirements. Here's what the exam tests.

Agency Types in Arkansas

Seller's Agent: Represents seller with full fiduciary duties. Presumed relationship without written buyer agreement.

Buyer's Agent: Established by written buyer agency agreement. Owes fiduciary duties to buyer.

Dual Agent: Represents both buyer and seller with written consent from both parties. Cannot fully advocate for either.

Sub-agent: A licensee who works with a buyer but owes duties to the listing broker and seller. Less common in modern practice.

Arkansas Agency Disclosure

Arkansas requires written disclosure of the agency relationship at the first substantial contact with a buyer or seller. The disclosure must identify: - Who the licensee represents - What duties are owed - That the buyer/seller may seek independent representation

Key Agency Rules

Written buyer agency agreement: Without this, a licensee showing homes to a buyer represents the seller. This is a commonly tested scenario.

Dual agency consent: Must be written, from both parties, before the dual agency relationship begins.

Confidentiality: An agent cannot disclose the seller's minimum acceptable price to the buyer, or the buyer's maximum willingness to pay to the seller — even in a dual agency situation.

Common Exam Questions

Q: An Arkansas licensee shows homes to a buyer without a written agreement. Who does the licensee represent? A: The seller — without a written buyer agency agreement, the licensee is the seller's agent or sub-agent.

Q: An Arkansas broker can act as a dual agent if: A: Both the buyer and seller give written informed consent before the dual agency begins.

[Practice Arkansas agency questions at CARealestate.com/states/arkansas](https://carealestate.com/states/arkansas)