State guide

Buying or Selling a Home in Arkansas: What You Need to Know

Arkansas real estate is regulated by the Arkansas Real Estate Commission (AREC), and rule changes from the August 2024 NAR settlement now require buyers to sign a written agreement with their agent before touring any home.

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TL;DR

Arkansas real estate is regulated by the Arkansas Real Estate Commission (AREC), and rule changes from the August 2024 NAR settlement now require buyers to sign a written agreement with their agent before touring any home. Commission rates are not set by law in Arkansas — they are negotiated on every deal — and sellers have a common-law duty to disclose known material defects even though the state does not mandate a specific disclosure form. Most closings are handled by a title company or attorney, and the seller customarily pays the state transfer tax of $3.30 per $1,000 of the sale price.

10 things every Arkansas buyer or seller should know

  • In Arkansas, you must sign a written buyer broker agreement with your agent before they can tour any home with you, a rule that took effect after the August 2024 NAR settlement. The agreement has to spell out exactly how your agent gets paid — a flat fee, a percentage, or another defined formula — not just 'whatever the seller offers.'

  • Real estate commission rates in Arkansas are not fixed by law or by the Arkansas Real Estate Commission — every commission is negotiated between the client and the agent. Federal antitrust law actually bars agents from agreeing with competitors on a 'standard' rate, so it is fair game to ask what the fee is and whether it is flexible.

  • Arkansas charges a real property transfer tax of $3.30 for every $1,000 of the sale price — about $990 on a $300,000 home and $1,650 on a $500,000 home. State law does not say who has to pay it, but by custom the seller picks it up at closing; if you want it handled differently, write that into the purchase contract.

  • Arkansas does not have a statute that forces home sellers to fill out a property condition disclosure form, but sellers still have a common-law duty not to hide known defects like roof leaks, foundation cracks, or past flooding. Most agents use the Arkansas Realtors Association Form RES-1 as the industry standard, and actively concealing or lying about a known defect can lead to a lawsuit after closing.

  • Most Arkansas home closings are handled by a title company or a closing attorney, not by the real estate agents themselves. The title company runs the title search, issues title insurance, prepares the settlement statement (the line-by-line list of every dollar in and out), and disburses the money — Arkansas does not require an attorney to close a residential deal.

  • Dual agency — when one agent or one brokerage represents both the buyer and the seller in the same deal — is legal in Arkansas, but only with informed written consent from both sides. A dual agent cannot give either side full advice or advocacy; they can only pass information back and forth, so you give up having someone purely in your corner.

  • Since August 2024, Arkansas MLS systems can no longer post how much a seller is offering to pay a buyer's agent. Any buyer-side compensation now has to be worked out in the purchase contract itself, often as a 'seller concession' that the seller agrees to pay toward the buyer agent's fee.

  • Eastern Arkansas, especially the Mississippi Delta, has many homes in FEMA Special Flood Hazard Areas where flood insurance is mandatory for any federally backed mortgage. Arkansas has no dedicated flood-zone disclosure statute, but flood risk is treated as a material fact — check the FEMA Flood Map Service Center for the property's address before you commit.

  • Federal law requires sellers of any home built before 1978 to give the buyer an EPA pamphlet on lead-based paint, disclose any known lead hazards on the HUD-9548 form, and offer a 10-day window for the buyer to test for lead. Arkansas does not add extra state rules — the federal Residential Lead-Based Paint Hazard Reduction Act controls in every pre-1978 sale.

  • Termite (wood-destroying organism) inspections are standard in Arkansas, and conventional, FHA, and VA lenders typically require a clear NPMA-33 termite report before they will fund the loan. State law does not force the seller to pay for it, but the standard Arkansas Real Estate Commission residential contract includes a termite inspection contingency — make sure it is selected so you have a way out if active infestation is found.

The guides

Common questions

Do I have to sign anything with a real estate agent before they can show me homes in Arkansas?
Yes. Under the 2024 NAR settlement rules that Arkansas MLSs adopted, you must sign a written buyer broker agreement before an agent can tour a home with you. The agreement has to spell out the property type and the exact compensation your agent will be paid — a dollar amount, a percentage, or another defined formula.
Who pays the Arkansas real estate transfer tax at closing?
Arkansas charges a state transfer tax of $3.30 per $1,000 of the sale price, and the law does not assign it to one party. By custom the seller pays it, but the buyer and seller can agree otherwise — whoever pays should be named explicitly in the purchase contract so there is no surprise at closing.
Do Arkansas sellers have to fill out a property disclosure form?
Arkansas does not have a statute that forces sellers to complete a specific disclosure form. Sellers still cannot legally hide known material defects, and most agents use Form RES-1 from the Arkansas Realtors Association as the industry standard. Active concealment or fraudulent answers about something you know can lead to a lawsuit after closing.
Are real estate commissions in Arkansas set by law?
No. Commissions in Arkansas are individually negotiated between the client and the agent on every deal. Federal antitrust law actually prohibits agents and brokers from agreeing on 'standard' or 'going' rates, so you can ask what the fee is and whether the agent is willing to adjust it.
Do I need a lawyer to close on a home in Arkansas?
No — Arkansas does not require an attorney to handle a residential closing. Most closings are run by a title company that performs the title search, issues title insurance, prepares the settlement statement, and disburses funds. You can hire an attorney if you want extra legal review, but it is not legally required.
Can the same agent represent both the buyer and the seller in my Arkansas deal?
Yes, this is called dual agency and it is allowed in Arkansas, but only if both the buyer and the seller give informed, written consent up front. A dual agent cannot fully advocate for either side — they can only pass information back and forth — so you give up having someone strictly in your corner during negotiations.
What do I have to disclose if my Arkansas home was built before 1978?
Federal lead-paint law applies to any U.S. home built before 1978, including in Arkansas. As the seller, you must give the buyer the EPA 'Protect Your Family from Lead in Your Home' pamphlet, fill out the HUD-9548 lead disclosure form with any known lead hazards, and allow a 10-day window for the buyer to inspect for lead-based paint.
How do I find out if an Arkansas home is in a flood zone?
Check the FEMA Flood Map Service Center at msc.fema.gov using the property's address — it shows whether the home sits in a Special Flood Hazard Area such as Zone A or AE. If it does, your lender will require flood insurance for any federally backed mortgage, and annual premiums can run from a few hundred to several thousand dollars depending on the property.

Glossary

2 terms
NAR — National Association of Realtors
The national trade group for real-estate agents. The 2024 NAR settlement is the legal deal that changed how buyer's agents get paid.
MLS — Multiple Listing Service
The shared database agents use to list and find homes for sale. Most homes you'll see online started here.