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Required Disclosures (2) |
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Buyer Beware
Arkansas is known as a caveat emptor, or “let the buyer beware,” state. This means that the buyer is purchasing the property “as is” and it is not the responsibility of the seller to disclose any defects or issues. While the courts will enforce a caveat emptor clause in a real estate contract, a real estate agent is held to slightly higher standards than the seller. The Arkansas Real Estate Commission (AREC) states that the agent must make a reasonable effort to determine the condition of the property so that they may avoid intentional or negligent misrepresentation to potential buyers (AREC Regulations 10.6).