Arkansas FSBO Disclosure Requirements (2026)
Arkansas's Residential Property Disclosure Form is required under Arkansas Code §18-12-401 et seq. The state's geographic diversity — the Ozark Plateau in the northwest (Benton and Washington Counties, home to Walmart's HQ in Bentonville and the University of Arkansas in Fayetteville), the Arkansas River Valley through the center, and the Mississippi Delta lowlands in the east — creates different disclosure priorities by region.
Arkansas Disclosure Framework
Arkansas Code §18-12-401 et seq. requires the Residential Property Disclosure Form. Sellers provide before or at contract; buyers have 2 business days after receipt to rescind. Arkansas's form covers structural conditions, systems, environmental hazards, flooding, and other material facts known to the seller.
Flooding by Arkansas Region — The Most Critical Disclosure
Northwest Arkansas (Benton and Washington Counties): Beaver Lake (the White River impoundment in Carroll and Boone Counties), Lake Leatherwood in Eureka Springs, and numerous Ozark streams including Beaver Creek, Illinois River, and War Eagle Creek create flood zones throughout NWA. Flash flooding in Ozark valleys during heavy rainfall events can be severe. The Illinois River in particular (flowing from Oklahoma through the Ozark Cherokee Nation country into Arkansas) has experienced multiple significant flood events.
Properties near Bentonville's lake-adjacent areas, in the Pea Ridge/Rogers corridor near creek drainages, and anywhere near Ozark stream corridors may have FEMA flood zone designations. Check msc.fema.gov.
Arkansas River Valley (Fort Smith, Van Buren, Russellville, Conway): The Arkansas River and its major tributaries (Illinois River entering at Fort Smith from Oklahoma, Poteau River, Petit Jean River) create extensive FEMA flood zones. The 2019 Arkansas River flooding was the most significant in decades — Fort Smith and communities along the river corridor experienced devastating flooding, with the river cresting at historic or near-historic levels in multiple locations. Russellville's Lake Dardanelle (an Army Corps of Engineers reservoir on the Arkansas River) has flood zone implications for adjacent properties.
If your property was affected in 2019 or any other flood event during your ownership, mandatory disclosure of the date, extent, repairs, and insurance claims.
Mississippi Delta (East Arkansas — Craighead, Mississippi, Crittenden, Lee, Desha counties): The Delta is the most flood-prone region. Before the system of Army Corps levees, the entire region flooded annually from Mississippi River and its tributaries (White River, St. Francis River, Cache River, L'Anguille River). Extensive FEMA flood zones remain in the Delta. Properties near any of these rivers have significant flood risk even with levee protection — levee overtopping or failure remains a possibility.
Termite Disclosure — Critical in Arkansas
Arkansas's hot, humid climate (the Arkansas River Valley and Delta have subtropical humidity conditions) supports highly active subterranean termite populations (primarily Reticulitermes spp.). Termite disclosure is among the most important in Arkansas:
Radon in the Ozarks
The Ozark Plateau's geology — limestone and dolomite karst overlying deeper crystalline rock formations — produces radon in some areas of Benton, Carroll, Boone, and Marion counties. Arkansas's radon risk is moderate overall but elevated in the Ozark highlands. Disclose any radon testing results.
Sinkhole Risk in Ozark Karst
Northwest Arkansas and the Ozark region sit on karst limestone geology. Sinkholes — caused by dissolution of underground limestone by slightly acidic groundwater — occur throughout the Ozarks. The Bentonville-Rogers-Fayetteville area has documented sinkhole activity. If your property has experienced any sinkhole activity or if there is known karst hazard in the immediate vicinity, disclose it.
Well and Septic in Rural Arkansas
Large portions of rural Arkansas (outside Little Rock, Fort Smith, Fayetteville/Springdale, Jonesboro, and other municipal service areas) use private wells and on-site septic. Arkansas Natural Resources Commission regulates water wells. Disclose well specifications (depth, pump type) and water quality testing results. Arkansas's agricultural intensity creates potential for nitrate contamination in some rural groundwater areas.
Arkansas No Transfer Tax
Arkansas has no state real estate transfer tax — excellent news for Arkansas sellers. County-level recording fees apply but are minimal.
Arkansas Building Codes and Permits
Arkansas building permits and code compliance vary significantly between urban (Bentonville, Fayetteville, Fort Smith, Little Rock) and rural jurisdictions. Unincorporated rural Arkansas properties may have limited building code enforcement history. For properties with additions, outbuildings, or renovations completed without permits, disclose permit history accurately on the form.