Disclosures · Arkansas

Seller Property Condition Disclosure Statement — Arkansas Edition Template

$2.00Instant PDF downloadArkansas-specific edition

Most states statutorily require sellers of residential real property to deliver a written property condition disclosure to buyers — and even in "caveat emptor" states, failure to disclose known material defects can support fraud and misrepresentation claims. This comprehensive Seller Property Condition Disclosure Statement gives sellers a structured, defensible way to disclose what they actually know, and gives agents a paper trail showing the disclosure obligation was taken seriously.

The 8-page template walks the seller through every major system and condition category: structural components (foundation, roof, walls), water intrusion and drainage history, plumbing, electrical, HVAC, well and septic systems, environmental conditions (asbestos, radon, mold, underground storage tanks), pest and wood-destroying-insect history, boundary and easement issues, HOA and assessment obligations, insurance claims history, and known material defects not otherwise covered. Each item uses the Yes / No / Unknown / Not Applicable convention used in most statutory disclosure regimes, with space for narrative explanation.

State disclosure laws vary enormously — New York's Property Condition Disclosure Act (RPL Art. 14, § 462) was amended in 2024 to eliminate the old $500 credit escape hatch and now requires actual delivery of the disclosure; California's Transfer Disclosure Statement (Cal. Civ. Code § 1102 et seq.) is mandatory and has its own prescribed format; other states have their own statutory forms. The included 50-state variation notes flag where a state-prescribed form is mandatory (in which case this template serves as a supplemental disclosure or preparation worksheet) versus where a general disclosure like this one satisfies the obligation. Template only — always confirm your state's current statutory form requirements.

About this Arkansas Edition: Every template was redrafted around the Arkansas Real Estate License Law (Ark. Code Ann. Title 17, Chapter 42) and the Arkansas Real Estate Commission's agency regulations, under which dual agency is permitted only with the informed written consent of both parties and all compensation must flow through the principal broker. Because Arkansas has no mandatory statutory seller disclosure form, the disclosure templates are built as voluntary, actual-knowledge disclosures framed by Arkansas fraud and misrepresentation law, the Arkansas Deceptive Trade Practices Act (Ark. Code Ann. § 4-88-101 et seq.), and the licensee's regulatory duty to disclose known material defects. Writings are keyed to the Arkansas statute of frauds (Ark. Code Ann. § 4-59-101) and the Arkansas Uniform Electronic Transactions Act (Ark. Code Ann. § 25-32-101 et seq.), the broker lien statute is treated as limited to commercial real estate (Ark. Code Ann. Title 18, Chapter 44, Subchapter 3), and the independent contractor template references Arkansas's covenant-not-to-compete statute (Ark. Code Ann. § 4-75-101).

What's Included

  • Structural: foundation, roof, walls, windows
  • Water intrusion, drainage & flood zone history
  • Plumbing, electrical & HVAC systems
  • Well, septic & utility connections
  • Environmental: radon, asbestos, mold, USTs
  • Pest & wood-destroying insect history
  • Boundaries, easements, encroachments & HOA
  • Insurance claims & known material defects
  • Yes/No/Unknown/N-A format with narrative fields
  • 50-state variation notes

Grounded in Law

Modeled on statutory disclosure regimes including NY RPL Art. 14 § 462 (as amended 2024) and Cal. Civ. Code § 1102 et seq., and on common-law fraudulent concealment doctrine holding sellers liable for nondisclosure of known material defects.

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Arkansas-specific professional drafting template. Not legal advice.