Seller Property Disclosure (Arkansas Realtors Association form) - NOT a state-mandated form — No statute exists specifically requiring seller property condition disclosure. Arkansas has no "Residential Property Disclosure Act" and no codified law requiring sellers to disclose property condition. Note: Ark. Code Ann. section 17-42-108 is sometimes mis-cited in this context, but it actually governs real estate licensee agency disclosure (which party a broker represents), not property condition disclosure. The controlling legal doctrine is common-law caveat emptor ("let the buyer beware"), as applied and enforced by Arkansas courts.
Arkansas is genuinely and accurately a caveat emptor ("buyer beware") state with no statutory seller property disclosure requirement. This is confirmed directly by the Arkansas Real Estate Commission (AREC), which states there is no law requiring property owners to disclose the condition of their property when selling. The widely-used "Seller Property Disclosure" form (roughly 60 yes/no/unknown/not-applicable questions) is a private form created by the Arkansas Realtors Association, not a government-mandated document. Its use is customary and strongly encouraged in Realtor-brokered transactions, but it is not legally required, and for-sale-by-owner or non-Realtor transactions frequently proceed without it. Despite no affirmative statutory disclosure duty, sellers are not free to lie or hide things: Arkansas common law prohibits fraud and active concealment, sellers must answer buyers' direct questions truthfully, and a seller cannot take steps to actively prevent a buyer from inspecting the property or discovering defects. Separately, licensed real estate agents (not sellers directly) have a duty under AREC Regulation 10.6 to make reasonable efforts to learn material facts about a listed property to avoid negligent or intentional misrepresentation to the public. Federal law applies regardless of Arkansas's caveat emptor default.
No recent Arkansas legislative changes were found establishing a new seller property disclosure statute or amending disclosure obligations for 2025 or 2026. Search of Arkansas General Assembly activity (95th General Assembly) and legal databases turned up no pending or enacted bill creating a Residential Property Disclosure Act or otherwise altering the state's caveat emptor framework. The legal landscape (common-law caveat emptor, voluntary AAR disclosure form, federal lead-paint rule for pre-1978 housing) appears materially unchanged from prior years.
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.