Arkansas Disclosure Law
Ark. Code Ann. §17-42-401 requires sellers of residential property to complete a Residential Property Disclosure Form and deliver it to the buyer before or at execution of the purchase agreement.
What Must Be Disclosed
Termite Disclosure
Arkansas has elevated termite activity. While not mandated by the disclosure statute, buyers routinely require a separate termite inspection report (WDO report) as a condition of sale. VA and FHA loans require a clear WDO report.
Exemptions
The disclosure requirement does not apply to: foreclosure sales, estate transfers, sales between family members, and new construction by a licensed builder.
Penalties
Knowingly omitting a material defect entitles the buyer to rescind the sale and recover damages. Arkansas courts have awarded buyer attorney fees in cases of deliberate concealment.
Download the Arkansas disclosure form via the Arkansas disclosure guide.