17 Ark. Code of Rules § 220-803
Dual agency
Operative Text
17 CAR § 220-803. Dual agency. (a) A licensee who represents both the seller and buyer in a real estate sale transaction, or both the lessor and tenant in a real estate lease or rental transaction, shall make disclosure in the time and manner required by 17 CAR §§ 220-801 and 220-802, and all parties to the transaction must have given their written consent to such dual representation prior to or at the time of execution of the: (1) Agency contract; (2) Listing contract; (3) Property management contract; (4) Lease; (5) Rental agreement; (6) Offer and acceptance contract; or (7) Other real estate contract. (b) Notwithstanding subsection (a) of this section, a licensee shall not accept a commission, rebate, profit, payment, compensation, or other valuable consideration in connection with a real estate transaction or real estate activity from any person or entity except the licensed principal broker under whom the licensee is licensed. (c) Multiple clients who are represented by the licensee and have consented to dual agency may contractually waive the primary duty of absolute fidelity when the disclosure of confidential information may materially compromise the negotiating position of the client, unless said disclosure is required by law or authorized in writing by the client.
Arkansas regulation 17 Ark. Code R. pt. 220 § 220-803 governs situations where a single real estate licensee represents both sides of a transaction — for example, both a landlord and a prospective tenant in a rental deal. Before or at the moment a lease, rental agreement, or related contract is signed, all parties must receive proper disclosure and provide written consent to this dual representation. The rule also bars licensees from accepting compensation from anyone other than their principal broker, and it allows clients who have consented to dual agency to contractually limit the licensee's duty to share confidential information that could harm their negotiating position.
Plain English — not legal advice.
Under 17 Ark. Code R. pt. 220 § 220-803, property owners and managers working with a licensee who also represents the prospective tenant should expect to receive a formal dual-agency disclosure and to sign a written consent before or at the time any lease or rental agreement is executed. Compliant operators confirm that the licensee's compensation flows only through the licensed principal broker, not from outside parties. Landlords who enter dual-agency arrangements may also negotiate a contractual waiver limiting the licensee's obligation to share confidential information that could affect lease negotiations.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 220-803 of 17 Ark. Code R. pt. 220 gives tenants the right to know — in writing and before signing — when the licensee helping them also represents the landlord. Tenants must provide written consent to that dual representation before or at the time a lease or rental agreement is executed; without that consent, the arrangement does not comply with Arkansas regulations. Renters who believe a licensee failed to make proper disclosure or obtained compensation improperly may consider contacting the Arkansas Real Estate Commission or a tenant-rights organization to understand available options.
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.
Effective Timeline
References In
Rules and statutes that cite this regulation