17 Ark. Code of Rules § 220-801
Seller or lessor agents
Operative Text
17 CAR § 220-801. Seller or lessor agents. (a)(1)(A) In any real estate transaction in which a licensee is acting solely as agent for a seller or lessor, the licensee shall disclose to a potential buyer or lessee, or to the buyer's or lessee's licensed agent, the licensee's agency relationship with the seller or lessor. (B) Such disclosure shall be made in a timely manner under the particular circumstances so as to avoid, to the extent possible, eliciting or receiving from the prospective buyer or lessee information that would reasonably be expected to remain confidential and not disclosed to the seller or lessor, such as, for example, information concerning the real estate needs or motivations, negotiating strategies or tactics, or the financial situation of the potential buyer or lessee. (2) When the disclosure is made to the licensed agent of the buyer or lessee, it is that licensee's duty to convey the disclosure to the buyer or lessee in a timely manner. (b)(1) In all cases, disclosure shall be in writing, but may initially be made orally and reduced to writing at a convenient time subject to the requirements of subsection (c) of this section. (2) Evidence of the disclosure shall be maintained by the licensee. (c) In all cases, however, such disclosure must be made before the buyer or lessee signs any document related to the transaction, such as an offer or lease or rental agreement.
Under 17 Ark. Code R. pt. 220 § 220-801, when a licensed real estate agent represents only the seller or landlord in a transaction, that agent must clearly disclose this agency relationship to any prospective buyer or tenant—or to that buyer's or tenant's own agent. The disclosure must happen early enough to prevent the seller's or landlord's agent from inadvertently gathering sensitive information about the other party, such as their financial situation or negotiating strategy. In all cases, the disclosure must be made in writing and must occur before the buyer or tenant signs any document connected to the transaction, including an offer, lease, or rental agreement.
Plain English — not legal advice.
Under § 220-801, property owners and managers working with a licensed listing or leasing agent should understand that their agent is required to disclose the agency relationship to prospective tenants or buyers before any documents are signed. A compliant agent typically delivers this disclosure early in the interaction—before substantive conversations about the other party's budget, motivations, or negotiating position—and maintains written evidence of that disclosure. Landlords benefit from ensuring their agents follow this protocol, as it establishes a clear record of the agency relationship throughout the transaction.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 220-801 gives prospective tenants the right to know, before signing any lease or rental agreement, whether the agent they are speaking with represents the landlord rather than them. This disclosure is meant to protect tenants from unknowingly sharing sensitive information—such as their financial situation or how urgently they need housing—with someone whose duty runs to the other side. Tenants who believe this disclosure was not properly made may raise the issue with the Arkansas Real Estate Commission or consult a tenant-rights organization to understand what options may be available.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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