Understand what Arkansas law requires sellers to disclose—and what happens when they don't.
Arkansas law requires sellers to provide specific disclosures about their property's condition. Understanding these requirements protects both buyers and sellers.
## Required Disclosure Form
Arkansas uses a standard Property Disclosure Form covering:
### Structural Systems - Foundation condition - Roof age and condition - HVAC systems - Plumbing and electrical
### Environmental Issues - Flood zone status - Lead-based paint (pre-1978 homes) - Radon testing results - Previous termite damage
### Material Defects Sellers must disclose known material defects: - Past water intrusion - Mold issues - Property line disputes - Pending assessments
## What Sellers Don't Have to Disclose
Arkansas follows "caveat emptor" (buyer beware) for some items: - Stigmatized property events (deaths, alleged hauntings) - Registered sex offenders in area - Neighborhood disputes
## Consequences of Non-Disclosure
If a seller fails to disclose known defects: - Buyer may rescind the contract - Seller may face lawsuits for damages - Potential fraud charges in egregious cases
## Buyer Protection Strategies
### Always Get Inspections Never waive inspections, regardless of market conditions.
### Ask Specific Questions Follow up on any concerns in writing.
### Review Documents Carefully Read every page of the disclosure form.