Arkansas Real Estate Licensing Law

Arkansas Code · 72 sections

The following is the full text of Arkansas’s real estate licensing law statutes as published in the Arkansas Code. For the official version, see the Arkansas Legislature.

Ark. Code Ann. § 17-42-102

Next 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 conduct may provide service to the public. Acts 1993, No. 690, § 1. Previous Next

Ark. Code Ann. § 17-42-103

Next 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 (10) of this section while under the supervision of a principal broker or executive broker. (B) An associate broker shall have no supervisory authority over any other licensee; (2) "Branch office" means a principal broker's office other than his or her principal place of business; (3) "Broker's price opinion" means an estimate prepared by a licensee that details the probable selling price of real estate and provides a varying level of detail about the real estate's condition, market, and neighborhood, and information about sales of comparable real estate; (4) "Classroom hour" means a period of at least fifty (50) minutes, but not more than sixty (60) minutes, of actual classroom instruction with the instructor present; (5) "Continuing education" means postlicensure education derived from participation in courses in real estate-related subjects that have been approved by the Arkansas Real Estate Commission or that are not required to be approved by the commission; (6) "Continuing education unit" means a period of ten (10) contact hours of actual classroom instruction with the instructor present; (7) (A) "Executive broker" means an individual who: (i) Has a broker's license; (ii) Is employed by a principal broker or associated with a principal broker as an independent contractor; and (iii) Participates in any activity described in subdivision (10) of this section while under the supervision of a principal broker. (B) An executive broker may supervise associate brokers and salespersons; (8) (A) "Licensee" means an individual who holds any type of license issued by the commission. (B) "Licensee" includes a principal broker, an executive broker, an associate broker, and a salesperson. (C) This chapter does not preclude a licensee from: (i) Doing business as a: (a) Professional corporation under § 4-29-101 et seq.; or (b) Professional limited liability company under § 4-38-1201 et seq.; or (ii) Receiving payment from a real estate firm or principal broker of an earned commission to the licensee's legal business entity if the licensee earned the commission on behalf of the real estate firm or principal broker; (9) "Participate in a real estate auction" means to do any act or conduct for compensation or the expectation of compensation and designed, intended, or expected to affect the bidding or results of a real estate auction, including without limitation serving as an auctioneer or ringman or encouraging, soliciting, or receiving bids; (10) "Principal broker" means an individual expecting to act or acting for another for a fee, commission, or other consideration who: (A) Sells, exchanges, purchases, rents, or leases real estate; (B) Offers to sell, exchange, purchase, rent, or lease real estate; (C) Negotiates, offers, attempts, or agrees to negotiate the sale, exchange, purchase, rent, or lease of real estate; (D) Lists, offers, attempts, or agrees to list real estate for sale, lease, or exchange; (E) Auctions, offers, attempts, or agrees to auction real estate, or participates in a real estate auction; (F) Buys, sells, or assigns or offers to buy, sell, or assign or otherwise deals in options on real estate or improvements to real estate; (G) Collects, offers, attempts, or agrees to collect rent for the use of real estate; (H) Advertises or holds himself or herself out as being engaged in the business of buying, selling, exchanging, renting, or leasing real estate; (I) Assists or directs in the procuring of prospects calculated to result in the sale, exchange, lease, or rent of real estate; (J) Assists or directs in the negotiation of any transaction calculated or intended to result in the sale, exchange, lease, or rent of real estate; (K) Engages in the business of charging an advance fee in connection with any contract whereby he or she undertakes to promote the sale or lease of real estate either through its listing in a publication issued for such a purpose or for referral of information concerning the real estate to brokers, or both; or (L) Performs any of the acts described in this subdivision (10) as an employee of or on behalf of the owner of, or any person who has an interest in, real estate; (11) (A) "Real estate" means an interest in real property. (B) "Real estate" includes without limitation a leasehold, time-share interval, or an interest in real property that is purchased or sold in connection with the purchase or sale of all or part of the assets, stock, or other ownership interest of a business or other organization; (12) "Salesperson" means an individual who: (A) Has a salesperson's license; (B) Is employed by a principal broker or is associated with a principal broker as an independent contractor; and (C) Participates in any activity described in subdivision (10) of this section while under the supervision of a principal broker or executive broker; and (13) "Unlicensed real estate activity" means offering or engaging in any practice, act, or operation set forth in subdivision (10) of this section without a valid active Arkansas license issued by the commission. Amended by Act 2023, No. 93,§ 1, eff. 8/1/2023. Amended by Act 2017, No. 890,§ 1, eff. 8/1/2017. Amended by Act 2017, No. 565,§ 23, eff. 3/22/2017. Amended by Act 2015, No. 278,§ 1, eff. 7/22/2015. Acts 1993, No. 690, § 3; 2007, No. 263, § 1; 2011, No. 762, § 1; 2011, No. 865, § 1. Previous Next

Ark. Code Ann. § 17-42-104

Next (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, limited partnership or other entity recognized by law holding a freehold or leasehold interest in the real estate under subdivision (a)(1)(A) of this section, a member, manager, partner, or officer who has authority to make management decisions affecting the overall policy of the entity regarding real estate activities involving only the interest of the owner; (C) An individual attempting to acquire for his or her own use a freehold or leasehold interest in real estate; or (D) In the case of a corporation, limited liability company, limited partnership, or other entity recognized by law intending to acquire a freehold or leasehold interest in real estate under subdivision (a)(1)(C) of this section, a member, manager, partner, or officer who has authority to make management decisions affecting the overall policy of the entity; (2) An attorney in fact under a duly executed and recorded power of attorney from the owner or lessor authorizing the final consummation by performance of any contract for the sale, lease, or exchange of real estate, provided that the attorney in fact does not receive or have an expectation of receiving a fee, commission, or other consideration, directly or indirectly, for performing the act; (3) An attorney at law in the performance of his or her duties as an attorney at law; (4) A person acting as a receiver, trustee in bankruptcy, administrator, executor, or guardian, or while acting under a court order or under the authority of a will or of a trust instrument; (5) A person acting as a resident manager when the resident manager resides on the premises and is engaged in the leasing of real property in connection with his or her employment; (6) A person employed only at a salaried or hourly rate to engage in the leasing of real property for or on behalf of a licensed principal broker, the real estate firm of a licensed principal broker, or an owner of real estate, if the person: (A) Does not engage in or offer to perform any practice, act, or operation set forth in § 17-42-103(10) other than receiving a security deposit or payment as permitted by subdivision (a)(6)(B)(iii) of this section; and (B) Performs only one (1) or more of the following functions: (i) Delivering a lease application, lease, or an amendment to a lease application or lease to any person; (ii) Receiving a lease application, lease, or an amendment to a lease application for delivery to the principal broker, real estate firm, or owner; (iii) Receiving a security deposit, rental payment, or any related payment for delivery to and made payable to the principal broker, real estate firm, or owner; (iv) Acting under the direct written instructions of the principal broker, real estate firm, or owner: (a) Showing a rental unit to any person; or (b) Assisting in the execution of a preprinted lease or rental agreement containing terms established by the principal broker, real estate firm, or owner; or (v) Conveying information prepared by the principal broker, real estate firm, or owner about a lease application, lease, the status of a security deposit, or the payment of rent to or from any person; (7) An officer or employee of a federal agency or state government, or any political subdivision, in the performance or conduct of his or her official duties; (8) A multiple listing service wholly owned by a nonprofit organization or association of real estate licensees; (9) An officer of a corporation, a member or manager of a limited liability company, a partner of a partnership, or the equivalent of an officer of another form of business entity acting with respect to real property owned or leased by the entity or an affiliated entity under common ownership or in connection with the proposed purchase, sale, rental, or leasing of real property by the entity or affiliate if the acts are not performed by the officer, member, or partner for or in expectation of a commission or other compensation resulting solely from a successful transaction; (10) A person employed primarily at a salaried or hourly rate by a corporation, limited liability company, partnership, or other business entity acting with respect to real property owned or leased by the entity or an affiliated entity under common ownership or in connection with the proposed purchase, sale, rental, or leasing of real property by the entity or affiliate if the: (A) Acts are not performed by the employee for or in expectation of a commission or other compensation resulting solely from a successful transaction; (B) Primary business activity of both the entity and affiliated entity is not ownership or acquisition of real estate; and (C) Employee is not providing real estate services to or on behalf of more than one (1) entity not affiliated by common ownership; or (11) (A) A person employed by an Arkansas-licensed residential construction company if: (i) The employee provides a written disclosure to any purchaser involved in the possible or actual sale of newly constructed and never-occupied residential real estate: (a) Stating that the: (1) Employee is acting exclusively on behalf of his or her employer who is the Arkansas-licensed residential construction company; and (2) Purchaser has a right to be represented by his or her own licensed real estate agent or legal counsel; and (b) The employer shall maintain the written disclosure for seven (7) years after delivery; (ii) The primary business activity of the Arkansas-licensed residential construction company is not an activity described under § 17-42-103(10) ; (iii) The employee is not providing real estate services to or on behalf of more than one (1) entity not wholly owned by the Arkansas-licensed residential construction company; and (iv) The Arkansas-licensed residential construction company employs a principal broker, as defined under § 17-42-103(10) , who shall be responsible for the conduct of any persons identified in this subdivision (a)(11) in the same manner as if such person was a licensee, as defined under § 17-42-103(8) . (B) A person or Arkansas-licensed residential construction company asserting or utilizing the exemption under subdivision (a)(11)(A) of this section shall have the burden of proving a person is an employee, or is employed by the Arkansas-licensed residential construction company as that term is used in state and federal income tax, Social Security, and for other purposes. (C) As used in this section, "Arkansas-licensed residential construction company" means: (i) A construction company that: (a) Owns or leases newly constructed and never-occupied single family residential real estate; (b) Has the sole business of developing, constructing, or selling newly constructed and never-occupied single family residential real estate; and (c) Is licensed in Arkansas; or (ii) An entity wholly owned by the Arkansas-licensed residential construction company in connection with the proposed purchase or sale of single family residential real estate that: (a) Is wholly owned by the Arkansas-licensed residential construction company or entity; (b) Has the sole business of developing, constructing, or selling newly constructed and never-occupied single family residential real estate; and (c) Is licensed in Arkansas. (b) Any real estate broker licensed by the Arkansas Real Estate Commission on or before January 1, 1985, who is engaged in the sale of real estate by auction only is authorized to employ real estate salespersons to work under the license of the broker even though the broker is employed in a non-real estate-related field and is only a part-time broker. (c) A person or entity shall not under any circumstance qualify for an exemption under this section if the person or entity: (1) Obtains an equitable interest in real estate with knowledge that the interest was obtained on behalf of a person or entity that intends to gain an interest in the real estate other than that of ownership; or (2) Strategically circumvents the requirement for licensure thereby eliminating remedies available to consumers through the commission. (d) The commission may waive certain requirements under § 17-42-101 et seq., for a principal broker employed by an Arkansas-licensed residential construction company under this section. Amended by Act 2023, No. 31,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 31,§ 1, eff. 8/1/2023. Amended by Act 2017, No. 890,§ 3, eff. 8/1/2017. Amended by Act 2017, No. 890,§ 2, eff. 8/1/2017. Amended by Act 2015, No. 278,§ 3, eff. 7/22/2015. Amended by Act 2015, No. 278,§ 2, eff. 7/22/2015. Acts 1993, No. 690, § 4; 2007, No. 263, § 2; 2011, No. 865, § 2; 2011, No. 883, § 1. Previous Next

Ark. Code Ann. § 17-42-105

Next (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 or being an accessory to a violation of this chapter by the firm, corporation, partnership, copartnership, association, limited liability company, or other entity. (b) A commissioner of the Arkansas Real Estate Commission, the Executive Director of the Arkansas Real Estate Commission, a commissioner's designee, the executive director's designee, or any licensee residing in the county where the violation occurs may by affidavit institute criminal proceedings for a violation of this chapter without filing a bond for costs. (c) The prosecuting attorney for each county shall prosecute any violation of this chapter that occurs in his or her county. (d) A violation of this chapter is a Class D felony. Acts 1993, No. 690, § 20; 2011, No. 865, § 3. Previous Next

Ark. Code Ann. § 17-42-106

Next (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 continuing, engaging in, or doing any act or acts in furtherance of the violation. (b) In any action under this section, the circuit court of any county in which the person resides or does business may enter a preliminary injunction, a final injunction, or an order for any other appropriate relief. Acts 1993, No. 690, § 21; 2011, No. 865, § 4. Previous Next

Ark. Code Ann. § 17-42-107

Next (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) unless at the time of offering to perform and performing any such act or procuring any promise to contract for the payment of compensation for any such contemplated act: (1) The person holds an active license under this chapter as a principal broker; or (2) The person or other legal entity was the owner of the real estate firm that contracted for or otherwise performed the acts for the compensation that is the subject of the action or suit through either a principal broker or a person approved by the Arkansas Real Estate Commission under § 17-42-301(f) while licensed or approved by the commission at the time of the acts. (b) No salesperson, executive broker, or associate broker may sue in his or her own capacity for the recovery of fees, commissions, or compensation for services as a salesperson, executive broker, or associate broker unless the action is against the principal broker with whom he or she is licensed or was licensed at the time the acts were performed. (c) (1) As used in this subsection, "systematic residential rental property inspection program" means a program that requires all persons who reside outside of the State of Arkansas and are owners of residential rental property located within the corporate limits of a municipality in this state to designate an agent for service of process. (2) In any municipality that has established a systematic residential rental property inspection program, a licensee as defined under § 17-42-103 shall not have criminal or civil liability to the municipality, to the nonresident owner, or otherwise for any action or inaction of the municipality or owner: (A) When acting as an agent for service of process for a nonresident owner; (B) Arising from the agent's performance of duties as the agent for service of process; and (C) If within three (3) business days of receipt of service of process or at other times established by ordinance in effect as of August 12, 2005, the licensee sends the service of process to the last known address of the nonresident owner. (3) This subsection supersedes any provision of common law to the contrary. Acts 1993, No. 690, § 8; 2001, No. 1172, § 1; 2005, No. 1840, § 1; 2011, No. 865, § 5. Previous Next

Ark. Code Ann. § 17-42-108

Next (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 subject to rules of the Arkansas Real Estate Commission. (b) The timing, method, and other requirements of such a disclosure shall be established by the commission, and the commission shall also determine the consequences of failure to make disclosure in accordance with such requirements. Amended by Act 2019, No. 315,§ 1458, eff. 7/24/2019. Acts 1993, No. 690, § 16; 1995, No. 399, § 1. Previous Next

Ark. Code Ann. § 17-42-109

Next (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 of no more than five thousand dollars ($5,000) and assess costs against the person. (b) The fact that a person offers to engage in or offers to perform any practice, act, or operation set forth in § 17-42-103(10) without a license is prima facie evidence that the person is engaged in unlicensed real estate activity. (c) In addition to civil penalties imposed under this section, the commission may require the person engaged in unlicensed real estate activity to reimburse any compensation, fees, or other remuneration collected during the unlicensed real estate activity. Acts 2011, No. 865, § 6. Previous Next

Ark. Code Ann. § 17-42-110

(a) A licensee may prepare, provide, and collect a fee for issuing a broker's 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 making decisions or performing due diligence related to the potential listing, offering, sale, exchange, option, lease, or acquisition price of real estate; or (4) (A) An existing or potential lienholder. (B) However, a broker's price opinion prepared for an existing or potential lienholder in conjunction with the purchase of a buyer's principal residence shall not be used as the primary basis to determine the value of the buyer's principal residence for the purpose of a loan origination of a residential mortgage loan secured by the buyer's principal residence. (b) The Arkansas Real Estate Commission may prescribe rules for the preparation and issuance of a broker's price opinion. (c) Licensees shall have the authority to prepare and provide broker's price opinions pursuant to this section, notwithstanding the provisions of the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq. (d) A broker's price opinion or market analysis issued by a real estate licensee shall not contain the terms "market value", "appraised value", or "appraisal". Acts 2011, No. 762, § 2. Previous

Ark. Code Ann. § 17-42-201

(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) (A) Three (3) members shall have been licensed real estate brokers or licensed real estate salespersons for not fewer than five (5) years before their nominations. (B) The Governor shall consult the Arkansas Realtors Association before making an appointment to fill a vacancy. (3) (A) Two (2) members shall not be actively engaged in or retired from the business of real estate. (B) One (1) shall represent consumers, and one (1) shall be sixty (60) years of age or older and shall represent the elderly. (C) Both shall be appointed from the state at large, subject to confirmation by the Senate. (D) The two (2) positions may not be held by the same person. (E) Both shall be full voting members but shall not participate in the grading of examinations. (b) Each commissioner may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq. (c) Appointments made by the Governor under this section shall be subject to confirmation by the Senate. Amended by Act 2015, No. 1100,§ 27, eff. 7/22/2015. Acts 1993, No. 690, § 5; 1997, No. 250, § 147. Next

Ark. Code Ann. § 17-42-202

Next (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 as necessary or desirable in order to conduct its business. (b) (1) The commission shall employ an executive director and such staff as may be necessary to carry out the provisions of this chapter and to put into effect the rules the commission may promulgate. (2) The Executive Director of the Arkansas Real Estate Commission shall have such duties, authority, and responsibility as the commission may designate, or as necessarily implied herein. (3) The commission shall fix the salaries of employees. Amended by Act 2019, No. 315,§ 1459, eff. 7/24/2019. Acts 1993, No. 690, §§ 5, 6. Previous Next

Ark. Code Ann. § 17-42-203

Next (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 commission shall adopt a seal with such design as it may prescribe engraved thereon. (d) Copies of all records and papers in the office of the commission, certified and authenticated by the commission, shall be received in evidence in all courts equally and with like effect as the originals. (e) The commission: (1) Shall maintain in writing or in electronic format a list of the names and addresses of all active licensees licensed by it under the provisions of this chapter; and (2) May publish in writing or in electronic format the names of all persons who have been sanctioned under § 17-42-312 or by consent order, together with other information relative to the enforcement of the provisions of this chapter as it may deem of interest to the public. (f) The commission may conduct or assist in conducting real estate institutes and seminars and incur and pay the reasonable and necessary expenses in connection therewith. The institutes or seminars shall be open to all licensees. (g) The commission is authorized to make reasonable charges for materials provided by the commission and for services performed in connection with providing materials. (h) (1) The commission may establish reasonable procedures that shall be used by licensees participating in real estate auctions. (2) For the protection of the public, licensees who participate in real estate auctions also shall be required to be licensed by the Auctioneer's Licensing Board. (3) Notwithstanding subdivision (h)(2) of this section, the commission shall have sole jurisdiction over licensees and their actions when participating in real estate auctions. Amended by Act 2019, No. 315,§ 1460, eff. 7/24/2019. Amended by Act 2019, No. 386,§ 23, eff. 7/24/2019. Acts 1993, No. 690, § 5; 2005, No. 1173, § 1; 2007, No. 263, § 3. Previous Next

Ark. Code Ann. § 17-42-204

Next (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 from the Arkansas Real Estate Commission Fund for the requirements, purposes, and expenses of the commission under the provisions of this chapter. Acts 1993, No. 690, § 5; 2007, No. 263, § 4. Previous Next

Ark. Code Ann. § 17-42-205

(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 investigation or hearing conducted by the commission to be transmitted to the commission. (c) (1) Service of a subpoena shall be as provided by law for the service of subpoenas in civil cases in the circuit courts of this state, and the fees and mileage of officers serving the subpoenas and of witnesses appearing in answer to the subpoenas shall be the same as provided by law for proceedings in civil cases in the circuit courts of this state. (2) (A) The commission shall issue a subpoena or subpoena duces tecum upon the request of any party to a hearing before the commission. (B) The fees and mileage of the officers serving the subpoena and of the witness shall be paid by the party at whose request a witness is subpoenaed. (d) (1) In the event a person shall have been served with a subpoena or subpoena duces tecum as herein provided and fails to comply therewith, the commission may apply to the circuit court of the county in which the commission is conducting its investigation or hearing for an order causing the arrest of the person and directing that the person be brought before the court. (2) The court shall have the power to punish the disobedient person for contempt as provided by law in the trial of civil cases in the circuit courts of this state. Acts 1993, No. 690, § 5. Previous

Ark. Code Ann. § 17-42-301

(a) No person shall practice or represent himself or herself as a real estate broker or salesperson without first applying for and receiving a license to practice under this chapter. (b) Any person who directly or indirectly for another with the intention, or on the promise of receiving any valuable consideration, offers, attempts, or agrees to perform any single act described in § 17-42-103(10) , whether as part of a transaction or as an entire transaction, shall be deemed a broker or salesperson within the meaning of this chapter. (c) The commission of a single act by a person required to be licensed under this chapter and not so licensed shall constitute a violation of this chapter. (d) It shall be unlawful for any person, directly or indirectly, to act as a real estate broker or salesperson without first obtaining a license and otherwise complying with the provisions of this chapter. (e) (1) Notwithstanding the provisions of this section, a person or other legal entity not licensed by the Arkansas Real Estate Commission may own a real estate firm, provided the employees or agents employed by or associated with the firm who perform real estate activities identified under § 17-42-103(10) hold an active license under this chapter. (2) The firm may enter into contracts or otherwise perform activities identified under § 17-42-103(10) only through a principal broker and a licensee employed by or associated with the principal broker that holds an active license issued by the commission at the time of performing the contract or activities. (f) The commission may provide for the continuing temporary operation of a real estate firm having all rights under § 17-42-107(a) upon the death, resignation, termination, or incapacity of the principal broker or upon the closing of a real estate firm, under the direction of a person approved by the commission, subject to time limitations and other conditions imposed by the commission. Acts 1993, No. 690, § 2; 2001, No. 1172, § 2; 2011, No. 865, §§ 7, 8. Next

Ark. Code Ann. § 17-42-302

Next (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 requirements prescribed by this chapter; (4) Successful completion of an examination administered or approved by the commission; (5) Demonstrates no record of unprofessional conduct; (6) Evidence of good reputation for honesty, trustworthiness, and integrity sufficient to safeguard the interests of the public; and (7) Completion of a criminal history background check through the Department of Arkansas State Police and the Federal Bureau of Investigation as set out in § 17-42-315 . (b) The commission shall determine what constitutes adequate proof of meeting the requirements of subsection (a) of this section and shall deny a license to any applicant who fails to meet the requirements or who fails to pay the appropriate fees. Acts 1993, No. 690, § 9; 2005, No. 657, § 1. Previous Next

Ark. Code Ann. § 17-42-303

Next (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) (A) The most education hours required of an applicant for a broker's license shall not exceed one hundred twenty (120) hours within the thirty-six (36) months immediately preceding the date of application. (B) Effective on May 1, 2014, an applicant for a broker's license shall complete at least forty-five (45) of the required education hours in a course developed by the commission; and (2) The maximum number of hours required of an applicant for a salesperson's license shall not exceed ninety (90) hours, at least thirty (30) hours of which shall be in the basic principles of real estate. (b) (1) The commission shall establish the experience requirement for licensure for an applicant for a broker's license subject to the condition of serving an active, bona fide apprenticeship by holding a valid salesperson's license issued by the commission or by holding a valid salesperson's license or broker's license issued by the appropriate licensing agency of another state for a period of not less than twenty-four (24) months within the previous forty-eight-month period immediately preceding the date of application. (2) However, the commission may waive the experience requirement for a real estate broker applicant who has held an active real estate broker's license for a period of not less than eighteen (18) months or who has experience acceptable to the commission in a field considered real estate-related for a period of not less than twenty-four (24) months within the previous forty-eight-month period immediately preceding the date of application. (c) (1) The commission shall establish a post-licensure education requirement for individuals in their first year of licensure as salespersons or brokers. (2) The commission shall not require more than thirty (30) classroom hours of post-licensure education hours. Amended by Act 2019, No. 386,§ 24, eff. 7/24/2019. Amended by Act 2013, No. 281,§ 1, eff. 8/16/2013. Acts 1993, No. 690, § 10; 1995, No. 729, § 1; 2001, No. 748, § 1; 2007, No. 263, § 5. Previous Next

Ark. Code Ann. § 17-42-304

Next 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 broker's license fee not to exceed eighty dollars ($80.00); (3) A broker's license annual renewal fee not to exceed eighty dollars ($80.00); (4) An original salesperson's license fee not to exceed sixty dollars ($60.00); (5) A salesperson's license annual renewal fee not to exceed sixty dollars ($60.00); (6) A broker's expired license fee not to exceed one hundred ten dollars ($110) per year or fraction thereof; (7) A salesperson's expired license fee not to exceed eighty dollars ($80.00) per year or fraction thereof; (8) A license reissuance fee not to exceed thirty dollars ($30.00); (9) An initial duplicate license fee not to exceed thirty dollars ($30.00); (10) A duplicate license annual renewal fee not to exceed thirty dollars ($30.00); (11) A transfer fee not to exceed thirty dollars ($30.00); (12) (A) An examination fee not to exceed seventy-five dollars ($75.00). (B) However, the commission at its discretion may direct each applicant to pay the actual costs of the examination fee directly to a testing service engaged by the commission to administer the examination; (13) Pursuant to § 17-42-313 , an appeal filing fee not to exceed one hundred dollars ($100); (14) A Real Estate Recovery Fund fee not to exceed twenty-five dollars ($25.00); and (15) The actual cost of a state and federal criminal history background check. Acts 1993, No. 690, § 7; 1995, No. 1285, § 1; 2001, No. 535, § 1; 2005, No. 657, § 2. Previous Next

Ark. Code Ann. § 17-42-305

Next (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 opportunities for licensure substantially comparable to those offered to that jurisdiction's licensees by this chapter; (2) Pay any required fees; (3) Sign a statement that the applicant has read this chapter and rules and agrees to abide by its provisions in all real estate activity; (4) (A) Affiliate with a resident or nonresident principal broker licensed by the Arkansas Real Estate Commission, if a salesperson or associate broker. (B) If a nonresident licensee terminates the affiliation with a principal broker licensed by the commission, the license of the nonresident shall automatically be terminated until the nonresident places the license on inactive status or affiliates with another broker licensed by the commission; (5) (A) Cause the licensing body of the applicant's resident jurisdiction to furnish to the commission a certification of licensure and copies of the records of any disciplinary actions taken against the applicant's license in that or other jurisdictions. (B) Disciplinary action by any other lawful licensing authority may be grounds for denial of a license to a nonresident or for suspension or revocation of a license issued to a nonresident or for other appropriate disciplinary action authorized by this chapter; (6) (A) File with the Executive Director of the Arkansas Real Estate Commission a designation in writing that appoints the executive director to act as the licensee's agent upon whom all judicial and other process or legal notices directed to the licensee may be served. (B) Service upon the executive director shall be equivalent to personal service upon the licensee. (C) Copies of the appointment certified by the executive director shall be deemed sufficient evidence thereof and shall be admitted in evidence with the same force and effect as the originals thereof might be admitted. (D) In such a written designation, the licensee shall agree that any lawful process against the licensee which is served upon the executive director shall be of the same legal force and validity as if served upon the licensee and that the authority shall continue in force so long as any liability remains outstanding in this jurisdiction. (E) The executive director shall mail a copy of any such process or notice by certified mail to the last known business address of the licensee; and (7) (A) Agree in writing to cooperate with any investigation initiated by the commission by promptly supplying any documents the commission may request and by personally appearing at the commission's offices or such other location in this state as the commission may request. (B) If notice is sent by certified mail to the last known business address of a nonresident licensee directing the licensee to produce documents or to appear for an interview and the licensee fails to comply with that request, the commission may impose on the nonresident licensee any disciplinary sanction permitted by this chapter. (b) The commission in its discretion may enter into written agreements with similar licensing authorities of other jurisdictions as may be necessitated by the laws of those jurisdictions to assure for Arkansas licensees nonresident licensure opportunities comparable to those afforded to nonresidents by this chapter. (c) The commission may deny licensure under subdivision (a)(1)(B) of this section to an applicant whose resident licensure is in a jurisdiction which the commission deems not to have educational or experience requirements at least equal to those of Arkansas. Amended by Act 2019, No. 315,§ 1461, eff. 7/24/2019. Acts 1993, No. 690, § 11. Previous Next

Ark. Code Ann. § 17-42-306

Next (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) Each applicant shall pay an application fee and examination fee as the commission may require under § 17-42-304 . (4) (A) Applicants that have provided all required information and documentation to the commission may sit for the licensing examination, if a request has been sent to the Identification Bureau of the Department of Arkansas State Police for a state and federal criminal background check. (B) A real estate license shall not be issued until the applicant has successfully completed the licensing examination and the commission receives and approves the state and federal criminal background check. (b) (1) (A) An applicant who successfully completes the licensing examination shall pay, within ninety (90) days from the date of the licensing examination, such license fee and Real Estate Recovery Fund fee as the commission may require under § 17-42-304 . (B) (i) If the federal criminal background check has not been received by the commission within ninety (90) days of the date of the licensing examination, the date may be extended by the commission until receipt of the federal criminal background check. (ii) A real estate license shall not be issued until receipt and approval by the commission of the state and federal criminal background checks. (2) The applicant's failure to pay the license fee and Real Estate Recovery Fund fee within the ninety-day period under subdivision (b)(1)(A) of this section shall invalidate the licensing examination results, and the applicant shall be required to make new application and retake the licensing examination as an original applicant. Amended by Act 2017, No. 252,§ 7, eff. 8/1/2017. Amended by Act 2017, No. 252,§ 6, eff. 8/1/2017. Amended by Act 2017, No. 252,§ 5, eff. 8/1/2017. Acts 1993, No. 690, § 12; 2007, No. 53, § 1. Previous Next

Ark. Code Ann. § 17-42-307

Next (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 one (1) classroom hour focusing on personal safety precautions for real estate agents; (B) The distance education equivalent of subdivision (b)(1)(A) of this section required by the commission; or (C) A course that the commission has determined to demonstrate mastery of an acceptable real estate subject. (2) A licensee who satisfies subdivision (b)(1) of this section completes the continuing education requirements for the licensing year. (3) If a licensee files for renewal of a license but fails to provide proof of continuing education, the licensee's license is inactive until proof is provided to the commission. (4) Effective September 30, 2019, the commission may promulgate rules to add additional hours of continuing education to the annual amount required under subdivision (b)(1)(A) of this section with no statutory maximum for hours of continuing education. (c) (1) To renew or reactivate a license, a licensee shall complete the number of classroom hours of continuing education or the distance education equivalent of continuing education required by the commission for each inactive year not to exceed a total of thirty (30) classroom hours. (2) Except as provided in subdivision (c)(1) of this section, a person is not subject to the education requirements of this section while the person's license is inactive. (3) The commission may waive all or part of the requirements of subdivision (c)(1) of this section if a licensee is unable to complete the continuing education due to extenuating circumstances. (d) (1) For each active licensee, the commission shall issue a new license for each ensuing renewal period in the absence of a reason or condition that may warrant the refusal of a license, upon receipt of the: (A) Written request for license renewal at least ninety (90) days before the expiration of the license upon forms provided by the commission; and (B) Renewal fee. (2) (A) A broker or salesperson who does not wish to engage in the real estate business may renew a license on inactive status in the absence of a reason or condition that may warrant the refusal of a license upon receipt of the: (i) Written request of the applicant at least ninety (90) days before the expiration of the license upon forms provided by the commission; and (ii) Renewal fee. (B) The commission may limit the number of renewal periods in which a license may be renewed on inactive status. (C) The renewal fee for inactive status is the same as for renewal of an active license. (3) An application for renewal filed after the date established by the commission to renew a license is treated as an application to renew an expired license. (e) If a person to whom a valid license has been issued permits the license to expire for a period not in excess of that established by the commission, the commission shall issue to the person a current license without requiring the person to submit to an examination if the person furnishes the information required by the commission, including proof of completion of appropriate continuing education requirements, and pays the fee required by the commission. (f) (1) New salesperson and broker licensees shall complete post-licensure education under § 17-42-303(c) . (2) If the licensee fails to complete the post-licensure education requirements within twelve (12) months after the date the license was issued, the commission shall place the license on inactive status until the commission receives documentation that the licensee has completed the post-licensure education requirements. Amended by Act 2017, No. 496,§ 2, eff. 8/1/2017. Amended by Act 2017, No. 496,§ 1, eff. 8/1/2017. Amended by Act 2015, No. 390,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 281,§ 2, eff. 8/16/2013. Acts 1993, No. 690, § 13; 2001, No. 748, § 2; 2007, No. 263, § 6. Previous Next

Ark. Code Ann. § 17-42-308

Next (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 or salesperson in this state without first activating the license. (b) An inactive license which is not renewed shall be treated as an expired license pursuant to § 17-42-307 . (c) Inactive licenses may be activated upon compliance with requirements established by the Arkansas Real Estate Commission, including payment of appropriate fees. (d) The provisions of this chapter relating to disciplinary action against a licensee shall be applicable to an inactive or expired license. Acts 1993, No. 690, § 14. Previous Next

Ark. Code Ann. § 17-42-309

Next (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 Real Estate Commission which clearly indicate to the public that the principal broker is engaged in the real estate business. (b) (1) If a principal broker maintains a branch office, a duplicate license shall be issued upon payment by the principal broker of the initial fee and, thereafter, such renewal fee as the commission may require pursuant to § 17-42-304 . (2) However, a duplicate license shall not be issued for a branch office at which licensees are assigned unless the principal broker establishing the branch office has designated an executive broker to supervise the licensees. Acts 1993, No. 690, § 15; 2005, No. 561, § 1. Previous Next

Ark. Code Ann. § 17-42-310

Next (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 relevant fee, the commission shall reissue the license. (b) It is the responsibility of each licensee to keep the commission notified of his or her mailing address, both home and business, at all times. (c) The licenses of the principal broker and all licensees employed by or associated with him or her shall be retained by the principal broker and conspicuously displayed in his or her place of business. (d) (1) Upon the termination of a licensee's employment by or association with a principal broker, the licensee shall promptly deliver his or her pocket card to the principal broker, and the principal broker shall promptly notify the commission of the termination and return to the commission the license and pocket card of the terminated licensee, which shall automatically inactivate the license. (2) If the pocket card is unavailable, the principal broker shall promptly so notify the commission in writing. (e) A license inactivated under this section may be transferred to another principal broker upon application of the licensee, payment of the relevant fee, and submission of a statement that he or she is not taking any listings, management contracts, appraisals, lease agreements, or copies of any such documents or any other pertinent information belonging to the licensee's previous principal broker or firm. Acts 1993, No. 690, § 15; 2005, No. 560, § 1. Previous Next

Ark. Code Ann. § 17-42-311

Next (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 chapter or any rules adopted under this chapter or any order issued under this chapter; (3) Being convicted of or pleading guilty or nolo contendere to a felony listed under § 17-3-102 or a crime involving violence, fraud, dishonesty, untruthfulness, or untrustworthiness regardless of whether the imposition of sentence has been deferred or suspended; (4) Making any substantial misrepresentation; (5) Making, printing, publishing, distributing, or causing, authorizing, or knowingly permitting the making, printing, publication, or distribution of false statements, descriptions, or promises of such character as to reasonably induce, persuade, or influence any person to act thereon; (6) Failing within a reasonable time to account for or to remit any moneys coming into his or her possession which belong to others; (7) Committing any act involving violence, fraud, dishonesty, untruthfulness, or untrustworthiness; (8) Acting for more than one (1) party in a transaction without the knowledge of all parties for whom he or she acts or accepting a commission or valuable consideration for the performance of any of the acts specified in this chapter from any person except the licensed principal broker under whom he or she is licensed; (9) Acting as a broker or salesperson while not licensed with a principal broker, representing or attempting to represent a broker other than the principal broker with whom he or she is affiliated without the express knowledge and consent of the principal broker, or representing himself or herself as a salesperson or having a contractual relationship similar to that of a salesperson with anyone other than a licensed principal broker; (10) Advertising in a false, misleading, or deceptive manner; (11) Being unworthy or incompetent to act as a real estate broker or salesperson in such a manner as to safeguard the interests of the public; (12) Paying a commission or valuable consideration to any person for acts or services performed in violation of this chapter, including paying a commission or other valuable consideration to an unlicensed person for participation in a real estate auction; and (13) Any other conduct, whether of the same or a different character from that specified in this section, which constitutes improper, fraudulent, or dishonest dealing. (b) Any license obtained through mistake or inadvertence shall be subject to revocation. (c) A licensee whose license is revoked pursuant to this section shall be eligible to apply for a new license after the expiration of two (2) years from the date of revocation. Amended by Act 2019, No. 315,§ 1462, eff. 7/24/2019. Amended by Act 2019, No. 990,§ 44, eff. 7/24/2019. Acts 1993, No. 690, § 17; 2005, No. 657, § 3; 2007, No. 263, § 7. Previous Next

Ark. Code Ann. § 17-42-312

Next (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, investigate the actions of any person engaged in the business or acting in the capacity of a real estate broker or real estate salesperson regardless of whether the transaction was for his or her own account or in his or her capacity as a broker or salesperson. (2) If the complaint fails to state a prima facie case or if, after investigation, the Executive Director of the Arkansas Real Estate Commission determines that there is insufficient proof of a violation of this chapter, the executive director shall dismiss the complaint. (3) If, however, the executive director determines that there is sufficient proof of a violation of this chapter, the person shall be notified of the charges against him or her and ordered to appear for a hearing. (4) If a person violates this chapter, the commission may impose any one (1) or more of the following sanctions or requirements: (A) Suspension, revocation, or denial of his or her license or the renewal thereof; (B) A penalty of not more than one thousand dollars ($1,000) for each violation; (C) Completion of appropriate educational programs or courses; (D) Successful completion of an appropriate licensing examination; (E) Conditions or restrictions upon the person's license or practice; or (F) Payment of restitution, damages, or other penalties appropriate to the circumstances of the case that would: (i) Achieve the desired disciplinary purpose; (ii) Compensate or reimburse an injured party or the commission; or (iii) Promote the regulation of the real estate profession. (b) The commission is authorized to file suit in Pulaski County Circuit Court or the circuit court of the county where the defendant resides or does business to collect a penalty assessed under this chapter if the penalty is not paid as ordered by the commission or the executive director. (c) The commission may suspend the imposition of any sanctions imposed upon appropriate terms and conditions. (d) (1) In lieu of the procedure contained in subdivisions (a)(1)-(3) of this section, the executive director may issue a citation imposing: (A) A penalty of not more than one hundred dollars ($100) to a broker or salesperson who: (i) Fails to complete annual education requirements; or (ii) Fails to complete post-licensure education requirements by the established deadline; or (B) A penalty of not more than two hundred fifty dollars ($250) to a broker, salesperson, or the supervising broker of a broker or salesperson if a broker or salesperson: (i) Performs activities that require an active real estate license while his or her license is expired; or (ii) Advertises, publishes, or otherwise distributes information about real property or real estate brokerage business or activities in violation of this chapter or rules adopted under this chapter. (2) The citation shall include: (A) The name, title, mailing address on file with the commission, and real estate license number of the licensee; (B) The specific violation and related statute or rule; (C) The time and date the citation is issued; (D) The amount of the penalty; (E) The deadline of thirty (30) days from issuance of the citation and procedure to either: (i) Pay the citation without further penalty; or (ii) Dispute the citation; (F) A statement that the amount of the penalty and the findings of the executive director as to the facts are considered accurate, conclusive, finally adjudicated, and nonappealable if a verified written complaint contesting the citation is not filed within thirty (30) days of the citation's issuance; and (G) A signature line for the licensee to accept the penalty without filing a written dispute. (3) A licensee who is issued a citation under this subsection shall within thirty (30) days of the issuance of the citation: (A) Accept the conditions of the citation by signing and returning the citation to the commission accompanied by the penalty payment; or (B) File a verified written complaint under this section contesting the citation. (4) The commission may treat the failure to respond within thirty (30) days of the issuance of the citation as a violation of this chapter punishable by the penalties provided in subsection (a) of this section. (5) (A) If a licensee does not dispute the citation or request a hearing under § 17-42-314 , the findings contained in the citation are deemed accurate, conclusive, finally adjudicated, and nonappealable. (B) If a licensee disputes the citation by timely filing a verified written complaint with the commission, the licensee shall be provided a hearing before the commission under § 17-42-314 . (6) The commission may modify or vacate a citation issued under this subsection with or without a hearing. Amended by Act 2019, No. 315,§ 1463, eff. 7/24/2019. Amended by Act 2017, No. 890,§ 4, eff. 8/1/2017. Amended by Act 2013, No. 112,§ 1, eff. 8/16/2013. Acts 1993, No. 690, § 17. Previous Next

Ark. Code Ann. § 17-42-313

Next (a) Any person whose complaint against a licensed real estate broker or salesperson is dismissed by the Executive Director of the Arkansas Real Estate Commission without a hearing may appeal the dismissal to the Arkansas Real Estate Commission subject to and in accordance with the following provisions: (1) The request for appeal must be in writing and received in the office of the commission not later than sixty (60) days following the date of dismissal by the executive director; (2) The request for appeal must be accompanied by such filing fee as the commission may require pursuant to § 17-42-304 ; and (3) (A) (i) The appellant must also pay the cost of preparing the record for the commission's review, which cost shall be determined by the commission. (ii) The costs must be paid by the appellant within thirty (30) days after notification of the amount. Otherwise, the appeal will be dismissed. (B) However, if the commission's review results in a hearing being ordered on the complaint, both the filing fee and the cost of preparing the record shall be refunded to the appellant. (C) Any person who is indigent and unable to pay either the filing fee or the cost of the record, or both, may file a pauper's oath in such form as required by the commission, and, if the commission determines that the appellant is indeed indigent, the filing fee or cost of the record, or both, shall be waived. (b) (1) All appeals duly perfected pursuant to subsection (a) of this section shall be presented to and decided by the commission on the written record. (2) Such a decision may be to affirm the executive director's dismissal, to order additional investigation, or to order a hearing on the complaint. Acts 1993, No. 690, § 18. Previous Next

Ark. Code Ann. § 17-42-314

Next (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 Real Estate Commission shall not investigate the actions of or conduct any disciplinary hearing regarding any real estate broker or salesperson unless the complaint is filed or the investigation initiated within three (3) years from the date of the actions complained of or concerning which an investigation is initiated. Acts 1993, No. 690, § 19. Previous Next

Ark. Code Ann. § 17-42-315

Next (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 Identification Bureau of the Division of Arkansas State Police and the Federal Bureau of Investigation. (2) (A) An applicant may sit for the licensing examination required by § 17-42-302(a)(4) while awaiting the results of a background check prescribed by this section. (B) A license shall not be issued to an applicant until the commission receives and approves the state and federal criminal background checks. (b) The check shall conform to applicable federal standards and shall include the taking of fingerprints. (c) The applicant shall sign a release of information to the commission and shall be responsible for the payment of any fee associated with the criminal background check. (d) Upon completion of the criminal background check, the Identification Bureau of the Division of Arkansas State Police shall forward to the commission all releasable information obtained concerning the applicant. (e) At the conclusion of any background check required by this section, the Identification Bureau of the Division of Arkansas State Police shall be allowed to retain the fingerprint card of the applicant until notified by the commission that the person is no longer licensed. (f) Except as provided in subsection (g) of this section, a person shall not receive or hold a license issued by the commission if the person has been convicted of or pleaded guilty or nolo contendere to a felony listed under § 17-3-102 or a crime involving violence, fraud, dishonesty, untruthfulness, or untrustworthiness. (g) (1) The provisions of subsection (f) of this section may be waived by the commission upon the request of: (A) An affected applicant for licensure; or (B) The person holding a license subject to sanctions. (2) Circumstances for which a waiver may be granted shall include, but not be limited to, the following: (A) The age at which the crime was committed; (B) The circumstances surrounding the crime; (C) The length of time since the crime; (D) Subsequent work history; (E) Employment references; (F) Character references; and (G) Other evidence demonstrating that the applicant does not pose a threat to the public. (h) (1) Any information received by the commission from the Identification Bureau of the Division of Arkansas State Police or the Federal Bureau of Investigation pursuant to this section shall not be available for examination except by the affected applicant for licensure or his or her authorized representative, or by the person whose license is subject to sanctions or his or her authorized representative. (2) No record, file, or document shall be removed from the custody of the Division of Arkansas State Police. (i) Any information made available to the affected applicant for licensure or the person whose license is subject to sanctions shall be information pertaining to that person only. (j) Rights of privilege and confidentiality established in this section shall not extend to any document created for purposes other than the background check. (k) The commission may adopt rules to fully implement the provisions of this section. Amended by Act 2019, No. 315,§ 1464, eff. 7/24/2019. Amended by Act 2019, No. 990,§ 45, eff. 7/24/2019. Amended by Act 2017, No. 252,§ 8, eff. 8/1/2017. Acts 2005, No. 657, § 4; 2007, No. 53, § 2; 2007, No. 263, § 8. Previous Next

Ark. Code Ann. § 17-42-319

(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 duties contained in § 17-42-317 or § 17-42-318 set forth in a manner that allows for the parties to indicate each duty that is being waived; and (3) The following language in at least 10-point boldface type: "Agreement to Waive By signing below, I agree that the real estate licensee who represents me will not perform the duties that are initialed above. I also understand that in a proposed real estate transaction, no other real estate licensee will perform the waived duties, and I realize that I may need to hire other professionals such as an attorney.

Signature of Client Date

Signature of Licensee Date" (b) If a licensee enters into an agency relationship containing the waivers outlined in this section, all reasonable efforts must be taken to inform other licensees that: (1) Any moneys of others, including without limitation earnest money, advance fees, or security deposits are not to be transmitted or kept by the licensee, notwithstanding other applicable statutes and rules; and (2) A licensee for a buyer or lessee remains authorized to present offers to buy, lease, or rent real property directly to the licensee's principal notwithstanding a: (A) Waiver under subsection (a) of this section; or (B) Conflicting statute or rule. Acts 2011, No. 877, § 1. Previous

Ark. Code Ann. § 17-42-404

Next (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 in § 17-42-405 . (b) The assets of the fund may be invested and reinvested as the commission may determine, with the advice of the State Board of Finance. (c) Any amounts in the fund may be used by the commission for the following additional purposes: (1) (A) To fund educational seminars and other forms of educational projects for the use and benefit generally of licensees. (B) The production and distribution of informational literature of an educational nature shall qualify as educational projects; (2) To fund real estate chairs or courses at various state institutions of higher education for the purpose of making such courses available to licensees and the general public; (3) To fund research projects in the field of real estate; and (4) To fund any and all other educational and research projects of a similar nature having to do with the advancement of the real estate field in Arkansas. Acts 1993, No. 690, § 22; 2003, No. 837, § 1. Previous Next

Ark. Code Ann. § 17-42-405

Next (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 to exceed the lesser of: (1) Twenty-five dollars ($25.00) per annual renewal; or (2) An amount sufficient to restore the fund balance to two hundred fifty thousand dollars ($250,000). (b) Likewise, each person who becomes a licensee for the first time shall at that time pay to the commission for the benefit of the fund such fee as the commission may require, not to exceed twenty-five dollars ($25.00). (c) No fees collected under the provisions of this subchapter may be expended from the fund except for the purposes set forth in this subchapter. Amended by Act 2019, No. 315,§ 1466, eff. 7/24/2019. Acts 1993, No. 690, § 22. Previous Next

Ark. Code Ann. § 17-42-406

Next (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 shall then determine the amount of damages, if any, suffered by the aggrieved party or parties. However, damages shall be limited to actual damages in accordance with § 17-42-407 . (3) The commission shall then direct the licensee to pay that amount to the aggrieved party or parties. (4) If that amount has not been paid within thirty (30) days following entry of the commission's final order in the matter and the order has not been appealed to the circuit court, then the commission shall pay, upon request, from the Real Estate Recovery Fund to the aggrieved party or parties the amount specified. However, the commission shall not: (A) Pay in excess of twenty-five thousand dollars ($25,000) for any one (1) violation or continuing series of violations, regardless of the number of licensees who participated in such a violation or continuing series of violations; or (B) Pay an amount in excess of the fund balance. (b) The question of whether or not certain violations constitute a continuing series of violations shall be a matter solely within the discretion and judgment of the commission. (c) Nothing within this subchapter shall obligate the fund for any amount in excess of a total of seventy-five thousand dollars ($75,000) with respect to: (1) The acts of any one (1) licensee; or (2) Any group of related claims. (d) Whether or not a claim is one (1) of a group of related claims shall be a matter solely within the discretion and judgment of the commission. (e) When unsatisfied or pending claims are such that they exceed the limits payable under subsection (c) of this section, the commission shall be the sole determinant of how the available funds shall be allocated among such claims. Amended by Act 2019, No. 315,§ 1467, eff. 7/24/2019. Acts 1993, No. 690, § 22; 1997, No. 781, § 1; 2007, No. 263, §§ 9, 10. Previous Next

Ark. Code Ann. § 17-42-407

Next (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) Likewise, the appellate jurisdiction of the circuit court is limited to the awarding of actual, compensatory damages. (c) The circuit court shall have no authority or jurisdiction to assess punitive or exemplary damages under this subchapter. (d) The circuit court's jurisdiction over the Real Estate Recovery Fund shall be limited to appeals from the commission's orders. (e) The circuit court shall have no jurisdiction or authority to order payments from the fund in any amount in excess of either: (1) The amount determined by the commission; or (2) The limits set forth in § 17-42-406 . Acts 1993, No. 690, § 22. Previous Next

Ark. Code Ann. § 17-42-408

Next (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 the payment of damages, and neither the licensee nor the commission shall be obligated to pay the damages to the aggrieved party or parties until such time as the appeal is finally decided, whether in the circuit court or in the Supreme Court. Acts 1993, No. 690, § 22. Previous Next

Ark. Code Ann. § 17-42-409

Next 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 involved; (2) The commission shall be subrogated to all of the rights of the recipients of the payment, to the extent of the payment; and (3) In addition to any other disciplinary action taken against the licensee on the merits of the hearing, his or her license shall be immediately suspended until he or she has completely reimbursed the commission for the payment, plus interest at a rate to be determined by the commission. The rate shall not exceed ten percent (10%) per annum. Acts 1993, No. 690, § 22. Previous Next

Ark. Code Ann. § 17-42-501

The Arkansas Real Estate Commission shall establish an education program for real estate licensees to ensure that education is available and accessible to an applicant or a licensee. The education program is intended to fulfill the education requirements for a real estate license and to provide real estate courses intended to fulfill the education requirements for a real estate license. Amended by Act 2013, No. 281,§ 3, eff. 8/16/2013. Acts 1993, No. 690, § 23; 1995, No. 1285, § 2; 1999, No. 471, § 1; 2007, No. 263, § 11. Next

Ark. Code Ann. § 17-42-502

Next 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 Arkansas independent institution of higher education operating under the applicable laws of this state; (2) "Administrator" means a person employed by a real estate trade or professional association licensed by the Arkansas Real Estate Commission; (3) "Approved course" means a course of instruction approved by the commission that satisfies the education requirements for prelicense education, postlicense education, or continuing education for a real estate license; (4) "Associate instructor" means a person who is licensed by the commission to teach real estate courses while under the supervision of an administrator or principal instructor that satisfy the education requirements for a real estate license; (5) "Association license" means a license granted by the commission to a real estate trade or professional association offering approved education that satisfies education requirements for a real estate license; (6) "Branch school" means a school affiliated with a main school to which the commission has issued a school license; (7) "Classroom course" means a real estate course that: (A) Is presented at a facility in person by an instructor and attended in person by the student; or (B) Connects by contemporaneous, two-way audio and visual technology an instructor and a student who are separated by distance; (8) "Distance education" means a real estate course that is delivered through an electronic medium that allows the instructor and student to be separated by both distance and time; (9) "Guest speaker" means a person who is not licensed by the commission who teaches a part of a course approved by the commission; (10) "Instructional site" means a physical place where education courses approved by the commission are conducted apart from the main school or branch school; (11) "Main school" means an institution or organization that is the primary school location to which the commission has issued a school license; (12) "Nonqualified offering" means a course in real estate education that has not been approved by the commission but is offered to persons intending to apply for a real estate license; (13) "Postlicense education" means real estate education required to be successfully completed within a time frame established by the commission after a real estate license is issued; (14) "Prelicense education" means real estate education required to be successfully completed by an applicant before sitting for the examination for a broker or salesperson license; (15) (A) "Principal instructor" means a person who is licensed by the commission for each licensed school that is responsible for the education courses at a main school and the acts necessary to comply with this subchapter and rules enacted by the commission. (B) A principal instructor may: (i) Contract with or employ an associate instructor or guest speaker; (ii) Supervise an associate instructor or guest speaker; (iii) Submit an education course to the commission for approval; (iv) Advertise as being engaged in the business of offering real estate education courses; and (v) Charge tuition and fees for real estate education courses; (16) "Satisfactory completion" means, as determined by a principal instructor, successful completion of a required course that is approved by the commission; (17) "School license" means a license granted by the commission to a proprietary education institution offering education courses approved by the commission that fulfill mandatory education requirements for attaining or maintaining a real estate license; and (18) "Student" means an applicant or licensee who attends real estate education courses approved by the commission. Amended by Act 2013, No. 281,§ 3, eff. 8/16/2013. Acts 1993, No. 690, § 23; 1999, No. 471, § 2. Previous Next

Ark. Code Ann. § 17-42-503

Next (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) An instructor associated with an entity listed in subdivision (a)(1) or subdivision (a)(2) of this section if the course is developed by or for those specific entities. (b) The requirement for course approval by the Arkansas Real Estate Commission under this subchapter does not apply to: (1) A classroom course in a real estate-related subject identified by the commission as an approved topic if it is offered by the National Association of Realtors, the National Association of Real Estate Brokers, or other associated entities; (2) A course of at least three (3) semester hours or equivalent in a real estate subject that is approved by the commission and offered by an accredited college or university; (3) A course in a real estate-related subject offered by the commission; (4) A course or a conference in a real estate-related subject approved by the commission and offered annually on a limited basis in Arkansas; or (5) A course that is not used to fulfill the education requirements of this subchapter for attaining a real estate license. Amended by Act 2013, No. 281,§ 3, eff. 8/16/2013. Acts 1993, No. 690, § 23; 2007, No. 263, § 12. Previous Next

Ark. Code Ann. § 17-42-504

Next (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 for real estate licensure unless the course is approved by the Arkansas Real Estate Commission. (c) (1) It is a violation of this subchapter to fail to obtain: (A) A license to practice as a provider of real estate education for real estate licensure; or (B) Approval for a real estate education course by the commission. (2) A real estate education course offered in violation of this subchapter is a nonqualified offering. Amended by Act 2013, No. 281,§ 3, eff. 8/16/2013. Acts 1993, No. 690, § 23; 1995, No. 1285, § 3; 2007, No. 263, § 13. Previous Next

Ark. Code Ann. § 17-42-505

Next (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 thousand dollars ($5,000) and assess costs against the person. (b) The fact that a person offers to provide or provides a course offering without the appropriate license or course approval from the commission is prima facie evidence that the person is offering a nonqualified offering. (c) In addition to civil penalties imposed under this section, the commission may require a person who offered a nonqualified offering to reimburse compensation, fees, or other remuneration collected for the nonqualified offering. Amended by Act 2013, No. 281,§ 3, eff. 8/16/2013. Acts 1993, No. 690, § 23; 1995, No. 1285, § 4. Previous Next

Ark. Code Ann. § 17-42-506

Next (a) The Arkansas Real Estate Commission may adopt rules as necessary to implement this subchapter. (b) The commission shall license, approve, and regulate schools, associations, principal instructors, and associate instructors offering commission-approved prelicense, postlicense, and continuing education courses offered to satisfy education requirements for real estate licensure. (c) The commission shall establish the licensing or education requirements for: (1) A school or association that applies for a license to offer real estate courses that satisfy the education requirements for real estate licensure; (2) Principal and associate instructors of courses approved by the commission; (3) Courses that satisfy the education requirements for applicants for real estate licensure and licensees; and (4) Guest speakers of courses approved by the commission. (d) The commission shall: (1) Establish procedural guidelines for licensed schools and their locations and those providing real estate education designed for students to meet the education requirements for a real estate license; (2) Charge fees and pay the necessary expenses to develop, approve, sponsor, contract for, or conduct real estate courses and seminars for real estate licensees or instructors of real estate education; (3) Maintain in electronic format a list of the names of real estate schools, associations, administrators, instructors, and courses approved under this subchapter; (4) Publish in electronic format the names of the persons, associations, or schools that have been sanctioned by formal hearing or consent order under this subchapter; (5) Periodically monitor courses offered or taught by the licensed schools and instructors; and (6) Establish course requirements with respect to: (A) Accessibility; (B) Attendance; (C) Satisfactory completion; and (D) Curricula. Amended by Act 2013, No. 281,§ 3, eff. 8/16/2013. Acts 1993, No. 690, § 23. Previous Next

Ark. Code Ann. § 17-42-507

Next Except as otherwise provided in this subchapter, the fees, charges, fines, and penalties collected by the Arkansas Real Estate Commission under this subchapter are to be to be deposited into the Arkansas Real Estate Commission Fund and spent under § 17-42-204 . Amended by Act 2013, No. 281,§ 3, eff. 8/16/2013. Acts 1993, No. 690, § 23. Previous Next

Ark. Code Ann. § 17-42-509

Next (a) The Arkansas Real Estate Commission shall issue a license to an applicant instructor of real estate education who: (1) Is twenty-one (21) years of age or older; (2) Has successfully completed the real estate education requirements under this subchapter; (3) Has sufficient experience as determined by the commission; (4) Has no record of unprofessional conduct; and (5) Shows evidence of a reputation of honesty, trustworthiness, and integrity sufficient to safeguard the interest of the public. (b) The commission shall determine what constitutes proof of meeting the requirements of subsection (a) of this section. (c) A person or entity shall not be issued a license under this subchapter if: (1) The person or entity has had a real estate or other professional or occupational license suspended or revoked for disciplinary reasons; (2) The person has been refused a renewal of a license issued by this state or any other jurisdiction; (3) The person or entity has pleaded guilty or nolo contendere to or been found guilty of a felony listed under § 17-3-102 or a misdemeanor involving violence, fraud, misrepresentation, or dishonest or dishonorable dealing in a court of competent jurisdiction; or (4) The person or entity fails to pay the appropriate fees. (d) (1) Subsection (c) of this section may be waived by the commission on request of an affected applicant for licensure. (2) Circumstances for which a waiver may be granted include: (A) The applicant's age at the time the action occurred; (B) The circumstances surrounding the action; (C) The length of time since the action; (D) Work history; (E) Employment references; (F) Character references; and (G) Other evidence demonstrating that the applicant does not pose a threat to the public. Amended by Act 2019, No. 990,§ 46, eff. 7/24/2019. Added by Act 2013, No. 281,§ 3, eff. 7/22/2015. Previous Next

Ark. Code Ann. § 17-42-510

Next (a) The Arkansas Real Estate Commission may charge and collect the following fees annually: (1) An original license fee for each main school not to exceed five hundred dollars ($500); (2) An original license fee for each branch school not to exceed three hundred dollars ($300); (3) A renewal fee for each main school not to exceed four hundred dollars ($400); (4) A renewal fee for each branch school not to exceed two hundred dollars ($200); (5) An administrator license application fee not to exceed two hundred dollars ($200); (6) An administrator license renewal fee not to exceed one hundred dollars ($100); (7) A principal instructor license application fee not to exceed two hundred fifty dollars ($250); (8) A principal instructor license renewal fee not to exceed one hundred fifty dollars ($150); (9) An associate instructor license application fee not to exceed two hundred dollars ($200); (10) An associate instructor license renewal fee not to exceed one hundred dollars ($100); (11) A license amendment fee not to exceed one hundred dollars ($100); (12) A license reissuance fee not to exceed fifty dollars ($50.00); (13) A course approval fee not to exceed one hundred dollars ($100) for each approved course; (14) A course approval renewal fee not to exceed fifty dollars ($50.00) for each approved course; (15) A late renewal fee for a license or course approval not to exceed two hundred fifty dollars ($250); and (16) For an appeal of the dismissal of a complaint by the Executive Director of the Arkansas Real Estate Commission, a filing fee not to exceed one hundred dollars ($100). (b) Except for the fees for course approval and course approval renewal, state agencies and full-time accredited college or university instructors are exempt from the fees in this subchapter. Amended by Act 2019, No. 386,§ 25, eff. 7/24/2019. Amended by Act 2015, No. 1156,§ 7, eff. 7/22/2015. Added by Act 2013, No. 281,§ 3, eff. 7/22/2015. Previous Next

Ark. Code Ann. § 17-42-511

Next (a) Applications for licensure are submitted on forms provided by the Arkansas Real Estate Commission. (b) An applicant for licensure shall pay the fees required under this subchapter. (c) An applicant for licensure or course approval shall furnish contact information on forms provided by the commission. (d) (1) An applicant, administrator, or licensee is required to maintain current contact information with the commission. (2) Contact information includes physical and mailing addresses, home and business telephone numbers, and home and business email. Added by Act 2013, No. 281,§ 3, eff. 7/22/2015. Previous Next

Ark. Code Ann. § 17-42-512

Next (a) A license is issued for a term of one (1) year. (b) (1) The Arkansas Real Estate Commission shall issue approval for renewal of a license in the absence of a reason or condition that may warrant the refusal of the renewal on receipt of a renewal request thirty (30) days before the expiration of the license. (2) A late fee applies to applications received after the renewal deadline. (c) (1) A licensee who has not applied for renewal or whose renewal application did not meet the requirements for renewal shall be notified by the commission. (2) If a license is not renewed by the date of its expiration, an application submitted for renewal of the license is considered a new application for licensure. Amended by Act 2015, No. 1156,§ 8, eff. 7/22/2015. Added by Act 2013, No. 281,§ 3, eff. 7/22/2015. Previous Next

Ark. Code Ann. § 17-42-513

Next (a) Except for courses exempted in § 17-42-503(b) , a real estate course that is intended to satisfy the education requirements for a real estate license shall first be approved by the Arkansas Real Estate Commission. (b) An application for course approval shall be submitted on the form required by the commission with the required fees. (c) Requirements for course approval are determined by the commission. Added by Act 2013, No. 281,§ 3, eff. 7/22/2015. Previous Next

Ark. Code Ann. § 17-42-514

Next (a) The Arkansas Real Estate Commission may: (1) Require not less than six (6) nor more than seven (7) classroom hours of continuing education for licensees; (2) Identify subject matter topics for continuing education courses; (3) Identify a specific topic of not more than three (3) classroom hours to be included in the annual continuing education requirement; (4) Develop and require a specific curriculum for continuing education courses for licensed brokers or their designees; and (5) Identify subject matter topics for which licensed schools and instructors may develop courses that fulfill the annual continuing education requirements. (b) The commission may develop the curricula for prelicense and postlicense education. Amended by Act 2017, No. 496,§ 3, eff. 8/1/2017. Amended by Act 2015, No. 390,§ 2, eff. 7/22/2015. Added by Act 2013, No. 281,§ 3, eff. 8/16/2013. Previous Next

Ark. Code Ann. § 17-42-515

Next An applicant for a real estate educator license or a licensee is subject to disciplinary action under this subchapter if the applicant for a real estate educator license or a licensee pleads guilty or nolo contendere to or is found guilty of any of the following: (1) Obtaining a real estate educator license or real estate education course approval by fraud, misrepresentation, or concealment; (2) Violating this subchapter, the rules adopted by the Arkansas Real Estate Commission, or an order issued by the commission; (3) Committing an act, a felony listed under § 17-3-102 , or a crime involving violence, fraud, dishonesty, untruthfulness, or untrustworthiness regardless of whether the imposition of the sentence has been deferred or suspended; (4) Engaging or allowing unlawful discriminatory practices; (5) Violating the requirements of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., regarding access to and delivery of real estate education courses; (6) Issuing or reporting a false certificate of completion for a real estate education course; (7) Teaching a course in a way that instructs licensees to engage in unlawful or noncompliant activities; (8) Failing to monitor attendance of students to ensure satisfactory completion of real estate education courses approved by the commission; (9) Utilizing an instructor or guest speaker who does not meet the requirements of this subchapter; (10) Making a substantial misrepresentation of a material fact to the commission; (11) Advertising in a false, misleading, or deceptive way; (12) Being unworthy or incompetent to act or operate as a real estate education school or association or a real estate educator; or (13) Engaging in other conduct that constitutes improper, fraudulent, or dishonest dealing. Amended by Act 2019, No. 990,§ 47, eff. 7/24/2019. Amended by Act 2015, No. 1156,§ 9, eff. 7/22/2015. Added by Act 2013, No. 281,§ 3, eff. 7/22/2015. Previous Next

Ark. Code Ann. § 17-42-516

Next (a) (1) The Arkansas Real Estate Commission may on its own motion and shall on the complaint in writing of a person, if the complaint and evidence presented make a prima facie case, investigate the action of a person or entity engaged in the business or acting in the capacity of a real estate school, association, or instructor licensed by the commission. (2) A student's inability to pass the real estate exam does not in and of itself make a prima facie case. (3) If the complaint fails to state a prima facie case or if the Executive Director of the Arkansas Real Estate Commission determines there is insufficient proof of a violation of this subchapter, the executive director shall dismiss the complaint. (4) If the executive director determines that there is sufficient proof of a violation of this subchapter, the person or entity responsible shall be notified of the charges and ordered to appear for a hearing. (5) If the person or entity is found to have violated this subchapter, the commission may impose one (1) or more of the following sanctions: (A) Suspend, revoke, or deny: (i) The license of the person or entity; or (ii) A course approval or the renewal of a course approval; (B) Impose a penalty not to exceed one thousand dollars ($1,000) for each violation; (C) Require completion of appropriate education programs or courses; (D) Place conditions or restrictions on the license or course approval held by the person or entity in violation or order the licensed entity or person to reimburse moneys collected from the complainant; or (E) Impose other requirements or penalties as may be appropriate to the circumstances of the case that achieve the desired disciplinary purposes without impairing the public welfare and morals. (b) The commission shall file suit in the circuit court of the county in which the defendant resides or does business to collect a penalty assessed under this subchapter if the penalty is not paid within the time prescribed by the commission. (c) Under certain circumstances, the commission may suspend the imposition of any sanction. (d) The license of an instructor, school, or association with outstanding disciplinary fines or student reimbursements is suspended until the moneys owed the commission or amounts ordered to be paid by the commission are paid. Amended by Act 2015, No. 1156,§ 10, eff. 7/22/2015. Added by Act 2013, No. 281,§ 3, eff. 7/22/2015. Previous Next

Ark. Code Ann. § 17-42-517

Next (a) A person whose complaint against a licensed school, administrator, or instructor is dismissed by the Executive Director of the Arkansas Real Estate Commission without a hearing may appeal the dismissal to the Arkansas Real Estate Commission subject to the following: (1) The request for appeal is in writing and received by the commission within sixty (60) days following the date of dismissal by the executive director; (2) The request for appeal is accompanied by a filing fee as the commission may require under this subchapter; and (3) (A) (i) The appellant shall pay the cost of preparing the record for the commission's review. (ii) The appellant shall pay the costs within thirty (30) days after notification of the amount or the appeal is dismissed. (B) If the commission's review results in an order to hold a hearing, the filing fee and the cost of preparing the record are refunded to the appellant. (C) A person who is indigent and cannot pay the filing fee or the cost of the record, or both, may file a pauper's oath in a form provided by the commission. If the commission determines that the appellant is indeed indigent, the filing fee or cost of the record may be waived. (b) (1) An appeal perfected under subsection (a) of this section is presented to and decided by the commission on the written record. (2) The decision by the commission may be to affirm the dismissal by the executive director, to order additional investigation, or to order a hearing. Amended by Act 2015, No. 1156,§ 12, eff. 7/22/2015. Amended by Act 2015, No. 1156,§ 11, eff. 7/22/2015. Added by Act 2013, No. 281,§ 3, eff. 7/22/2015. Previous Next

Ark. Code Ann. § 17-42-518

(a) Proceedings under this subchapter are conducted under the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (b) Except in the case of a person or entity obtaining a license or course approval by false or fraudulent representation, the Arkansas Real Estate Commission shall not investigate the actions of or conduct a disciplinary hearing regarding a licensed school, administrator, or instructor unless the complaint is filed or the investigation begins within three (3) years from the date of the actions. Added by Act 2013, No. 281,§ 3, eff. 7/22/2015. Previous

Ark. Code Ann. § 17-42-601

(a) The Arkansas Real Estate Commission is hereby authorized and empowered, subject to the following restrictions and limitations, to establish a program authorizing and permitting the collection of interest on real estate brokers' trust accounts and the disbursement of the interest by the depository institutions involved to an Arkansas nonprofit corporation for use for such tax-exempt purposes as are hereinafter set forth. (b) Participation in the program shall be completely voluntary with each broker rather than mandatory. Acts 1993, No. 690, § 24. Next

Ark. Code Ann. § 17-42-602

Next (a) All real estate brokers participating in the interest on real estate brokers' trust accounts program shall post a notice at least four inches by seven inches (4" x 7") stating that they participate in the interest on real estate brokers' trust accounts program. (b) The notice shall be displayed prominently and shall contain information concerning the purposes for which the interest accumulating on the account shall be used, and shall state: "If funds belonging to you are deposited in this firm's trust account, any interest earned therefrom will be forwarded by the depository bank to a nonprofit organization which will dispense the funds to provide for economic development, research, education, and such other public service purposes as may be determined by the recipient corporation selected by the Arkansas Real Estate Commission." Acts 1993, No. 690, § 24. Previous Next

Ark. Code Ann. § 17-42-603

(a) (1) The recipient of the funds generated by the interest on real estate brokers' trust account program shall be such Arkansas nonprofit corporation as the Arkansas Real Estate Commission shall designate. (2) The corporation shall be governed by a board of directors consisting of not fewer than five (5) nor more than fifteen (15) members. (3) At least sixty percent (60%) of the total number of directors shall be appointed by the commission and the remainder by the Arkansas Realtors Association. (4) The corporation shall be tax exempt as defined by § 501(c)(3) of the Internal Revenue Code. (b) The funds generated by the program shall be used for economic development, research, education, and such other public service purposes as may be determined by the recipient corporation specified in this section. Acts 1993, No. 690, § 24. Previous

Ark. Code Ann. § 17-42-701

As used in this subchapter: (1) "Actual introduction" means the referral of a principal to a licensee by the person or entity seeking the referral fee before the principal and licensee have engaged in material discussions regarding a specific real estate transaction; (2) (A) "Interference with a licensee relationship" means: (i) A demand for a referral fee from a licensee when reasonable cause for payment does not exist; (ii) A threat to reduce, withhold, or eliminate any relocation or other benefits or the actual reduction, withholding, or elimination of any relocation or other benefit for the purpose of obtaining a referral fee from a licensee when reasonable cause for payment does not exist; or (iii) An attempt to induce a principal to breach or terminate a representation agreement for the purpose of replacing that representation agreement with another representation agreement in order to obtain a referral fee. (B) "Interference with a licensee relationship" does not mean: (i) Communications between an employer or an employer's representative and an employee concerning relocation policies and benefits if the communication does not involve advice about or encouragement to terminate or amend an existing representation agreement; and (ii) Advice to a principal about the right to allow a licensee relationship to expire under its own terms or not to renew the licensee relationship upon its expiration; (3) "Licensee relationship" means an agreement between a licensee and a principal under which the licensee agrees to act as a principal broker as defined in § 17-42-103 ; (4) "Principal" means the buyer, seller, landlord, or tenant in a licensee relationship; (5) "Reasonable cause for payment" means the creation of a cooperative or subagency relationship between licensees or a representation agreement as the result of an actual introduction of business; (6) (A) "Referral fee" means any mutually agreed-upon fee, commission, or other consideration to be paid by a licensee to any person or entity. (B) "Referral fee" does not mean a cooperative commission offered by a listing licensee to a selling licensee or by a selling licensee to a listing licensee; and (7) (A) "Representation agreement" means an agreement between a principal and a licensee in which the licensee agrees to perform any of the activities of a principal broker. (B) "Representation agreement" includes: (i) A buyer's agency agreement, a property listing agreement, and a cooperative brokerage agreement; and (ii) Any agreement containing any of the agreements described in subdivision (7)(B)(i) of this section. Acts 2005, No. 1946, § 1. Next

Ark. Code Ann. § 17-42-702

(a) No person shall knowingly interfere with a licensee relationship between a licensee and a person or entity. (b) No licensee shall be liable for a referral fee when reasonable cause for payment does not exist. (c) (1) Any person or entity aggrieved by a violation of this subchapter may bring a civil action in any court of competent jurisdiction. (2) The damages recoverable in an action under subdivision (c)(1) of this section shall be: (A) The actual damages; and (B) Reasonable attorney's fees and expenses. (d) Nothing in this subchapter is intended to: (1) Create a presumption that if reasonable cause for payment of a referral fee exists, a legal right to the referral fee exists; or (2) Authorize the payment of a referral fee that is otherwise prohibited by law or rule of the Arkansas Real Estate Commission. Amended by Act 2019, No. 315,§ 1468, eff. 7/24/2019. Acts 2005, No. 1946, § 1. Previous

Ark. Code Ann. § 17-52-321

Next (a) It is an unfair business practice for a home inspector, a company that employs the home inspector, or a company that has a financial interest in a company employing a home inspector to do any of the following: (1) Perform or offer to perform for an additional fee any repairs to the property on which the home inspector or the home inspector's company has prepared a home inspection report in the past twelve (12) months; (2) Inspect for a fee any property in which the home inspector or the home inspector's company has any financial interest or any interest in the transfer of the property; (3) Offer or deliver any compensation, inducement, or reward to the owner of the inspected property, the broker, or the agent for the referral of any business to the home inspector or the home inspection company; or (4) Accept an engagement to make a home inspection or to prepare a home inspection report in which the employment itself or the fee payable for the home inspection is contingent upon the conclusions in the home inspection report, preestablished findings, or the close of escrow. (b) (1) A home inspection report shall not be used in any manner other than that agreed to in writing by the home inspector and his or her client. (2) Transfer of a home inspection report or portion of a home inspection report to any third party absolves the home inspector and his or her client of any responsibility for liability for claims or adverse actions arising from the use. Acts 2003, No. 1328, § 1. Previous Next

Ark. Code Ann. § t1-ch1

Arkansas Code Title 1, Chapter 1 (2023) - GENERAL PROVISIONS :: 2023 Arkansas Code :: US Codes and Statutes :: US Law :: Justia

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Ark. Code Ann. § t1-ch2

Arkansas Code Title 1, Chapter 2 (2023) - THE CODE AND REGULATIONS :: 2023 Arkansas Code :: US Codes and Statutes :: US Law :: Justia

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                Title 1 - GENERAL PROVISIONS (§§ 1-1-101 — 1-5-122)
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                                Arkansas Code of 1987 (2023)

Title 1 - GENERAL PROVISIONS (§§ 1-1-101 — 1-5-122) Chapter 2 - THE CODE AND REGULATIONS (§§ 1-2-101 — 1-2-504)

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                                                        Subchapter 1 - GENERAL PROVISIONS (§§ 1-2-101 — 1-2-125)




                                                        Subchapter 2 - CONSTRUCTION (§§ 1-2-201 — 1-2-208)




                                                        Subchapter 3 - ARKANSAS CODE REVISION COMMISSION (§§ 1-2-301 — 1-2-308)




                                                        Subchapter 4 - COMMISSION ON UNIFORM STATE LAWS (§§ 1-2-401 — 1-2-403)




                                                        Subchapter 5 - UNIFORM DEFINITION OF MINORITIES IN THE STATE OF ARKANSAS (§§ 1-2-501 — 1-2-504)














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Ark. Code Ann. § t1-ch3

Arkansas Code Title 1, Chapter 3 (2023) - PUBLICATION OF LAWS, REPORTS, ETC :: 2023 Arkansas Code :: US Codes and Statutes :: US Law :: Justia

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                                Arkansas Code of 1987 (2023)

Title 1 - GENERAL PROVISIONS (§§ 1-1-101 — 1-5-122) Chapter 3 - PUBLICATION OF LAWS, REPORTS, ETC (§§ 1-3-101 — 1-3-109)

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                                                        Section 1-3-101 - Penalty




                                                        Section 1-3-102 - [Repealed]




                                                        Section 1-3-103 - Orders of Arkansas Public Service Commission and State Highway Commission




                                                        Section 1-3-104 - [Repealed]




                                                        Section 1-3-105 - Report of commissioners of special improvement districts




                                                        Section 1-3-106 - Newspapers eligible to publish notices




                                                        Section 1-3-107 - Fees for publishing notices




                                                        Section 1-3-108 - Publications in more than one newspaper




                                                        Section 1-3-109 - Printing of publication cost














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Ark. Code Ann. § t1-ch4

Arkansas Code Title 1, Chapter 4 (2023) - STATE SYMBOLS, MOTTO, ETC :: 2023 Arkansas Code :: US Codes and Statutes :: US Law :: Justia

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                                Arkansas Code of 1987 (2023)

Title 1 - GENERAL PROVISIONS (§§ 1-1-101 — 1-5-122) Chapter 4 - STATE SYMBOLS, MOTTO, ETC (§§ 1-4-101 — 1-4-140)

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                                                        Section 1-4-101 - State flag




                                                        Section 1-4-102 - Salute to state flag




                                                        Section 1-4-103 - Lowering of flags upon death of public officials




                                                        Section 1-4-104 - Distribution of flags




                                                        Section 1-4-105 - Pronunciation of state name




                                                        Section 1-4-106 - State nickname




                                                        Section 1-4-107 - State motto




                                                        Section 1-4-108 - Official seals




                                                        Section 1-4-109 - State flower




                                                        Section 1-4-110 - State insect




                                                        Section 1-4-111 - State gem, mineral, and rock




                                                        Section 1-4-112 - State beverage




                                                        Section 1-4-113 - State musical instrument




                                                        Section 1-4-114 - Poet laureate




                                                        Section 1-4-115 - State fruit and vegetable




                                                        Section 1-4-116 - State songs and anthem




                                                        Section 1-4-117 - Official language




                                                        Section 1-4-118 - State bird




                                                        Section 1-4-119 - State tree




                                                        Section 1-4-120 - State folk dance




                                                        Section 1-4-121 - Purple martin capitals




                                                        Section 1-4-122 - State mammal




                                                        Section 1-4-123 - Trout Capital of the U.S.A




                                                        Section 1-4-124 - State soil




                                                        Section 1-4-125 - State historic cooking vessel




                                                        Section 1-4-126 - State butterfly




                                                        Section 1-4-127 - State grain




                                                        Section 1-4-128 - Lowering of state flags when member of armed services killed in action - Definition




                                                        Section 1-4-129 - State grape




                                                        Section 1-4-130 - State nut




                                                        Section 1-4-131 - Artist laureate




                                                        Section 1-4-132 - Poultry Capital of the World




                                                        Section 1-4-133 - Display of national motto




                                                        Section 1-4-134 - Arkansas's contribution to National Statuary Hall Collection - Legislative findings and intent




                                                        Section 1-4-135 - State dinosaur




                                                        Section 1-4-136 - State knife




                                                        Section 1-4-137 - State primitive fish




                                                        Section 1-4-138 - State firearm




                                                        Section 1-4-139 - Birthplace of the Bowie Knife, Arkansas Heritage Site - Legislative findings and intent




                                                        Section 1-4-140 - State steam locomotive














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Ark. Code Ann. § t1-ch5

Arkansas Code Title 1, Chapter 5 (2023) - HOLIDAYS AND OBSERVANCES :: 2023 Arkansas Code :: US Codes and Statutes :: US Law :: Justia

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                Chapter 5 - HOLIDAYS AND OBSERVANCES (§§ 1-5-101 — 1-5-122)








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                                Arkansas Code of 1987 (2023)

Title 1 - GENERAL PROVISIONS (§§ 1-1-101 — 1-5-122) Chapter 5 - HOLIDAYS AND OBSERVANCES (§§ 1-5-101 — 1-5-122)

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                                                        Section 1-5-101 - Official holidays




                                                        Section 1-5-102 - State offices to be closed on holidays - Exceptions




                                                        Section 1-5-103 - State office closings by proclamation




                                                        Section 1-5-104 - Entitlement to paid holiday or equivalent time




                                                        Section 1-5-105 - Commercial paper payable day after holiday




                                                        Section 1-5-106 - Memorial days generally




                                                        Section 1-5-107 - Confederate Flag Day




                                                        Section 1-5-108 - White Cane Safety Day




                                                        Section 1-5-109 - Prisoners of War Remembrance Day




                                                        Section 1-5-110 - National Garden Week




                                                        Section 1-5-111 - Arkansas Agriculture Recognition Day




                                                        Section 1-5-112 - POW/MIA Recognition Day




                                                        Section 1-5-113 - Native American Heritage Week




                                                        Section 1-5-114 - Juneteenth Independence Day




                                                        Section 1-5-115 - Firefighter Recognition Day




                                                        Section 1-5-116 - Hemophilia Awareness Day




                                                        Section 1-5-117 - Arkansas Music Appreciation Day




                                                        Section 1-5-118 - National Day of the Cowboy




                                                        Section 1-5-119 - Sultana Disaster Remembrance Day




                                                        Section 1-5-120 - John R. "Johnny" Cash Day




                                                        Section 1-5-121 - Lupus Awareness Day




                                                        Section 1-5-122 - Women Veterans Day














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Ark. Code Ann. § t13-ch3

Arkansas Code Title 13, Chapter 3 (2024) - HISTORY COMMISSIONS :: 2024 Arkansas Code :: U.S. Codes and Statutes :: U.S. Law :: Justia

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                Chapter 3 - HISTORY COMMISSIONS (§§ 13-3-101 — 13-3-207)










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                                Arkansas Code of 1987 (2024)

Title 13 - LIBRARIES, ARCHIVES, AND CULTURAL RESOURCES (§§ 13-2-101 — 13-15-304) Chapter 3 - HISTORY COMMISSIONS (§§ 13-3-101 — 13-3-207)

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                                                        Subchapter 1 - STATE ARCHIVES (§§ 13-3-101 — 13-3-109)




                                                        Subchapter 2 - BLACK HISTORY COMMISSION OF ARKANSAS (§§ 13-3-201 — 13-3-207)














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Ark. Code Ann. § t25-ch3

Arkansas Code Title 25, Chapter 3 (2023) - DEPARTMENT OF ARKANSAS HERITAGE :: 2023 Arkansas Code :: US Codes and Statutes :: US Law :: Justia

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                                                        Section 25-3-101 - Legislative intent - Construction




                                                        Section 25-3-102 - Creation - Director - Organization - Personnel




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                                                        Section 25-3-105 - Fees for publications, seminars, etc




                                                        Section 25-3-106 - Publication Development and Resale Revolving Fund




                                                        Section 25-3-107 - [Repealed]




                                                        Section 25-3-108 - Heritage foundation




                                                        Section 25-3-109 - [Repealed]














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Ark. Code Ann. § t25-ch4

Arkansas Code Title 25, Chapter 4 (2023) - DEPARTMENT OF INFORMATION SYSTEMS :: 2023 Arkansas Code :: US Codes and Statutes :: US Law :: Justia

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Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) Chapter 4 - DEPARTMENT OF INFORMATION SYSTEMS (§§ 25-4-101 — 25-4-129)

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                                                        Section 25-4-101 - Title




                                                        Section 25-4-102 - Legislative findings and declaration of intent




                                                        Section 25-4-103 - Definitions




                                                        Section 25-4-104 - Division of Information Systems




                                                        Section 25-4-105 - Division of Information Systems - General powers and duties




                                                        Section 25-4-106 - Reporting requirements




                                                        Section 25-4-107 - [Repealed]




                                                        Section 25-4-108 - Division of Information Systems - Working groups




                                                        Section 25-4-109 - Information technology centers




                                                        Section 25-4-110 - Information technology - Planning




                                                        Section 25-4-111 - Information technology - Prerequisites




                                                        Section 25-4-112 - Application to educational institutions




                                                        Section 25-4-113 - [Repealed]




                                                        Section 25-4-114 - Contracts and agreements for information technology




                                                        Section 25-4-115 - Professional services contracts between division and outside vendors




                                                        Section 25-4-116 - Payment for information technology




                                                        Section 25-4-117 - Delinquent accounts




                                                        Section 25-4-118 - [Repealed]




                                                        Section 25-4-119 - Budget procedures




                                                        Section 25-4-120 - Revisions to budget, purchasing, and personnel process




                                                        Section 25-4-121 - Division of Information Systems Revolving Fund




                                                        Section 25-4-122 - Reserve for equipment acquisition - Loans




                                                        Section 25-4-123 - Information Technology Reserve Fund




                                                        Section 25-4-124 - Yearly computation of expenses - Disposition of surplus funds




                                                        Section 25-4-125 - State Broadband Manager




                                                        Section 25-4-126 - Chief Data Officer and Chief Privacy Officer




                                                        Section 25-4-127 - Data and Transparency Panel - Creation - Duties




                                                        Section 25-4-128 - Data and Transparency Panel - Records - Confidentiality




                                                        Section 25-4-129 - Gifts, grants, and donations - Reports














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Ark. Code Ann. § t25-ch5

Arkansas Code Title 25, Chapter 5 (2023) - DEPARTMENT OF CORRECTION :: 2023 Arkansas Code :: US Codes and Statutes :: US Law :: Justia

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Ark. Code Ann. § t25-ch6

Arkansas Code Title 25, Chapter 6 (2023) - DEPARTMENT OF EDUCATION :: 2023 Arkansas Code :: U.S. Codes and Statutes :: U.S. Law :: Justia

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                                                        Subchapter 1 - GENERAL PROVISIONS (§§ 25-6-101 — 25-6-107)




                                                        Subchapter 2 - DIVISION OF REHABILITATION SERVICES (§ 25-6-201)




                                                        Subchapter 3 - WORKFORCE EDUCATION (§ 25-6-301)














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Ark. Code Ann. § t25-ch7

Arkansas Code Title 25, Chapter 7 (2023) - DEPARTMENT OF HIGHER EDUCATION :: 2023 Arkansas Code :: US Codes and Statutes :: US Law :: Justia

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Ark. Code Ann. § t25-ch8

Arkansas Code Title 25, Chapter 8 (2023) - DEPARTMENT OF FINANCE AND ADMINISTRATION :: 2023 Arkansas Code :: US Codes and Statutes :: US Law :: Justia

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                Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605)
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                Chapter 8 - DEPARTMENT OF FINANCE AND ADMINISTRATION (§§ 25-8-101 — 25-8-110)








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                                Arkansas Code of 1987 (2023)

Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) Chapter 8 - DEPARTMENT OF FINANCE AND ADMINISTRATION (§§ 25-8-101 — 25-8-110)

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                                                        Section 25-8-101 - Secretary - Organization - Personnel - Definition




                                                        Section 25-8-102 - Authority of secretary generally




                                                        Section 25-8-103 - [Repealed]




                                                        Section 25-8-104 - Director of Division of Budgets and Accounting




                                                        Section 25-8-105 - Federal aid programs




                                                        Section 25-8-106 - Marketing and redistribution of state personal property




                                                        Section 25-8-107 - Office of Child Support Enforcement




                                                        Section 25-8-108 - Contract labor




                                                        Section 25-8-109 - Loans to marketing and redistribution




                                                        Section 25-8-110 - Duties of Department of Transformation and Shared Services and Department of Finance and Administration














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        Disclaimer: These codes may not be the most recent version. Arkansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.




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Ark. Code Ann. § t25-ch9

Arkansas Code Title 25, Chapter 9 (2023) - DEPARTMENT OF HEALTH :: 2023 Arkansas Code :: US Codes and Statutes :: US Law :: Justia

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                Justia
         ›

                US Law
         ›

                US Codes and Statutes
         ›

                Arkansas Code
         ›

                Arkansas Code of 1987 (2023)
         ›

                Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605)
         ›

                Chapter 9 - DEPARTMENT OF HEALTH (§§ 25-9-101 — 25-9-107)










                                        Go to Previous Versions
                        of
                        this Chapter












                                                                                                                                                                                    2023 Arkansas Code (here)

                                                                                                                                                                                                                                                    2020 Arkansas Code

                                                                                                                                                                                                                                                                                                        2019 Arkansas Code

                                                                                                                                                                                        View All Versions



















                                Arkansas Code of 1987 (2023)

Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) Chapter 9 - DEPARTMENT OF HEALTH (§§ 25-9-101 — 25-9-107)

                Previous





                Next














                                                        Section 25-9-101 - [Repealed]




                                                        Section 25-9-102 - [Repealed]




                                                        Section 25-9-103 - [Repealed]




                                                        Section 25-9-104 - [Repealed]




                                                        Section 25-9-105 - [Repealed]




                                                        Section 25-9-106 - [Repealed]




                                                        Section 25-9-107 - [Repealed]














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        Disclaimer: These codes may not be the most recent version. Arkansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.




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