Client and Customer Relationships and Agency Disclosures
Area VI is 12% of the exam: the forms of agency, the duties owed and which of them may be waived, when disclosure must be made, what agency agreements must contain, and the consequences of misrepresenting agency.
Statutory Agency Duties
Section 17-42-316(a) applies the common law of agency as supplemented by the statute. Section 17-42-316(b)(2) then lists the duties: reasonable efforts to further the client's interest; reasonable skill and care; performance of the written agency agreement; following lawful instructions; loyalty; compliance with statute and rules; disclosure of material facts the licensee knows or should know and that are not confidential under a current or prior relationship; advising the client to seek expert advice; timely accounting for money and property; refraining from disclosing confidential information; and not disclosing confidences to a licensee who is not the client's agent. Section 17-42-316(c) makes these non-waivable except in two dual agency situations.
Seller-Side and Buyer-Side Duties
Section 17-42-317 requires a seller's agent to use reasonable efforts to obtain an acceptable offer, to accept delivery of and present offers in a timely manner regardless of whether the property is already under contract, to answer questions within the scope of licensure, and to assist in developing and presenting offers and counteroffers — and it protects the licensee who shows alternative properties or acts for other sellers. Section 17-42-318 mirrors it on the buyer's side. Both end with the same limit: nothing in them permits a licensee to perform any act that constitutes the practice of law. Section 17-42-319 allows a client to waive the §§ 317 and 318 duties only by a signed statement listing the fiduciary duties, marking each duty waived, and carrying the prescribed 10-point boldface Agreement to Waive.
Disclosure and Dual Agency
Regulation 8.1(a)(1) requires a seller's agent to disclose to a prospective buyer in a timely manner so as to avoid receiving information the buyer would expect to stay confidential; Regulation 8.2(a)(1) sets the buyer's agent's trigger at first contact with the seller or the seller's agent. Both require writing, allow an initial oral disclosure reduced to writing at a convenient time, require evidence to be kept, and both fix the same outer limit — before the other party signs any document related to the transaction. Regulation 8.3(a) permits dual representation only with the written consent of all parties given before or at execution of the contract. Regulation 8.4 makes a disclosure failure sanctionable under § 17-42-312.
Agency Agreements and Offers
Regulation 10.2 requires a specific determinable duration or specific expiration date on every written agency agreement and extension. Regulation 10.13(b) requires a licensee with reason to believe an exclusive agreement is in force to communicate with the other principal broker first, and, if one exists, to notify the client in writing to consult an attorney about the risk of owing two commissions. Regulation 10.12 requires prompt presentation of all offers by the listing firm, and requires every offer to be signed by the receiving licensee and that licensee's supervising broker, and every acceptance by the listing licensee and that licensee's supervising broker.
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State-specific details
State exam facts
- State regulator
- Arkansas Real Estate Commission (AREC)
- Exam vendor
- Pearson VUE
- Prelicensing education
- 60 classroom hours within the prior 36 months, 45 of them the Commission-developed Broker Pre-License Course
- Passing score
- 70 (scaled)
- Scored questions
- 120
Who regulates real estate brokers in Arkansas?
The Arkansas Real Estate Commission (AREC) licenses principal brokers, executive brokers, associate brokers, and salespersons under the Arkansas Real Estate License Law, Ark. Code Ann. § 17-42-101 et seq., and the Commission Regulations. AREC contracts with Pearson VUE to deliver the licensing exams at test centers across Arkansas and at select military installations.
What education and experience do I need before the Arkansas broker exam?
AREC Regulation 4.1(a)(2) requires not less than 60 classroom hours completed within the 36 months immediately preceding the application, of which at least 45 must be in a course developed by the Commission — the Broker Pre-License Course, not merely a Commission-approved course. Ark. Code Ann. § 17-42-303(b)(1) adds the experience: an active, bona fide apprenticeship holding a valid salesperson license from AREC, or a salesperson or broker license from another state, for not less than 24 months within the previous 48-month period. Section 17-42-303(b)(2) allows the Commission to waive that experience for an applicant who has held an active broker license for at least 18 months or has 24 months of acceptable real-estate-related experience.
How is the Arkansas broker exam structured?
Unlike most states, Arkansas gives brokers a single UNIFIED examination rather than a national portion plus a state portion. Pearson VUE handbook #090400 (rev. June 2026): "The Arkansas Unified Real Estate Broker examination covers both general knowledge concepts, as well as Arkansas-specific content. The examination consists of 120 scored items and ten pretest (unscored) items." Because it is one-part comprehensive it cannot be divided into portions for reexamination — fail it and you retake the whole thing. The content outline effective December 1, 2025 publishes ten areas as percentages: Commission duties 4%, licensure 10%, other Arkansas statutes 6%, federal law 10%, broker operations 18%, agency 12%, property characteristics 10%, valuation 5%, contracts and financing 15%, property management 10%.
What score do I need, and how long do I get?
The Commission set a passing SCALED score of 70. That is not 70% correct: the handbook states the scaled score reported "is neither the number of questions answered correctly nor the percentage of questions answered correctly." Numeric scores are reported only to candidates who fail. The handbook publishes no per-exam time limit — its Quick Reference says only that you will have "two to four hours" to complete your exam, a range covering all five Arkansas real estate and property management exams. The exam fee is $75, paid to Pearson VUE at reservation.
Sources: https://www.pearsonvue.com/content/dam/VUE/vue/en/documents/publications/090400.pdf, https://arec.arkansas.gov/wp-content/uploads/AR-Real-Estate-License-Law-April-2026.pdf, https://arec.arkansas.gov/wp-content/uploads/2024-Commission-Regulations-04092025-LKA.pdf, https://arec.arkansas.gov/licensing/exam-information/
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