Guides / Buyer-Agent Agreements / Arkansas

Buyer-Agent Agreements in Arkansas

Arkansas has NOT enacted its own standalone statute specifically codifying buyer-representation-agreement requirements in response to the August 2024 NAR settlement, unlike Texas (SB 1968) or California (AB 2992). Instead, Arkansas's approach is a hybrid closer to New York's: (1) the national NAR settlement's MLS Participant Rule, effective August 17, 2024, which requires a written buyer-broker agreement before an agent tours an MLS-listed home with a prospective buyer and mandates disclosure of compensation terms, combined with (2) Arkansas's pre-existing state real estate license law and Arkansas Real Estate Commission (AREC) regulations that already required written agency agreements. Specifically, Ark. Code Ann. § 17-42-318 requires licensees to clearly disclose which party they represent, and AREC Commission Regulations (Sections 8 & 10) already required buyer representation/agency agreements to be in writing, to state a specific determinable duration or expiration date, and to obtain written consent for dual agency — these AREC rules predate the 2024 settlement by years. Arkansas media and AREC commentary (Arkansas Business, KATV) confirm that Arkansas Realtors were "already signing similar agreements with prospective buyers in accordance with Arkansas state law" before the settlement, meaning the practical on-the-ground impact of the settlement in Arkansas was modest. During the 2025 Arkansas legislative session, the one real-estate-related bill that passed (HB1558, now Act 392) created a new property management broker/associate license category and made other Real Estate Commission amendments, but it did NOT create new statutory content requirements for buyer representation agreements. No 2025 or 2026 Arkansas bill analogous to Texas SB 1968 or California AB 2992 was found. Therefore, for Arkansas, the correct characterization is: no dedicated state statute — compliance flows from the national NAR/MLS settlement rule layered on top of pre-existing Arkansas agency-disclosure law and AREC regulations.

Requirements

Facts on this page reflect research current as of 2026-07-05. Programs, rates, and laws change — confirm current figures with the relevant state agency before relying on them.

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