Federal Laws Governing Real Estate Activities
Area IV is 10% of the exam. Because Arkansas gives one unified examination rather than a national portion plus a state portion, federal law is tested here and nowhere else — 12 items on loan programs, RESPA, TILA and TRID, antitrust, fair housing, the ADA, and environmental disclosure.
Federal Loan Programs, RESPA and TILA
FHA insures approved lenders against loss; VA guarantees part of a loan; neither lends the money. RESPA § 8, 12 U.S.C. § 2607, bars kickbacks and unearned fees for the referral of settlement service business, on penalty of a fine up to $10,000, imprisonment up to one year, or both, plus treble damages to the person charged. Regulation X, 12 C.F.R. § 1024.15, exempts a properly disclosed affiliated business arrangement in which no required use is imposed and only a return on ownership interest is received; § 1024.17(c) caps the escrow cushion at one-sixth of the anticipated annual disbursements. Regulation Z's right of rescission, 12 C.F.R. § 1026.23, reaches loans secured by the borrower's existing principal dwelling but expressly not the purchase-money mortgage.
TRID Clocks
Under 12 C.F.R. § 1026.19(e)(1)(iii)(A) the Loan Estimate must be delivered or mailed no later than the third business day after the creditor receives the application, and under (e)(1)(iii)(B) no later than the seventh business day before consummation. Section 1026.19(f)(1)(ii)(A) requires the consumer to RECEIVE the Closing Disclosure no later than three business days before consummation. Only three later changes restart that three-day clock under § 1026.19(f)(2)(ii): the disclosed APR becomes inaccurate, the loan product changes, or a prepayment penalty is added. Everything else is corrected at or before consummation with no new waiting period.
Antitrust, Fair Housing and the ADA
Sherman Act § 1, 15 U.S.C. § 1, reaches agreements among competitors — price fixing, market allocation, group boycotts, tying — and is a felony carrying fines to $100,000,000 for a corporation or $1,000,000 for an individual and up to ten years' imprisonment. The Fair Housing Act protects race, color, religion, sex, familial status, national origin and handicap; 42 U.S.C. § 3603(b) exempts certain single-family sales by an owner without a broker and owner-occupied dwellings of four units or fewer, but never § 3604(c) advertising; § 3607(b) exempts qualifying housing for older persons from the familial status rules. ADA Title III treats a brokerage office as a place of public accommodation under 42 U.S.C. § 12181(7) and requires removal of architectural barriers where readily achievable.
Environmental Conditions and Disclosures
Target housing under 40 C.F.R. § 745.103 is housing built before 1978, excepting elderly or disabled housing and 0-bedroom dwellings unless a child under six lives there. For it, § 745.107 requires the EPA pamphlet, disclosure of known lead-based paint and hazards, and delivery of any available reports; § 745.110(a) requires a 10-day opportunity to conduct a risk assessment or inspection unless the parties agree in writing otherwise; § 745.113 prescribes the Lead Warning Statement and the signed attachment, which seller and agent must keep three years. Section 745.101 exempts foreclosure sales, certified lead-free leases, short-term leases of 100 days or less, and certain renewals. EPA recommends fixing a home at 4 pCi/L of radon. Filling a wetland requires a Clean Water Act § 404 permit from the Army Corps of Engineers, 33 U.S.C. § 1344.
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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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