The short answer: You can disclose everything—or nothing at all. Arkansas is a disclosure-optional state, meaning sellers aren’t legally required to provide a property disclosure. However, understanding how this impacts both you and potential buyers is key to making the right decision.
How Arkansas’s Disclosure Laws Work
Arkansas follows a “buyer beware” or caveat emptor principle, which puts the burden on buyers to investigate any issues with the property before purchasing. While there’s no legal requirement to disclose most property defects, being transparent can help prevent future legal disputes. For example, sellers cannot hide significant problems or actively prevent buyers from discovering them during an inspection.
When Should You Disclose?
Although optional, many Arkansas sellers still provide a property disclosure. Offering transparency reassures buyers and may speed up the sale. Conversely, withholding a disclosure can sometimes raise suspicions among buyers, especially if they think the seller may be hiding something. We often find sellers who inherited properties or investors who haven’t lived in the home choose not to disclose because they simply don’t have firsthand knowledge.
Buyer Responsibilities and Public Information
Some important property-related information isn’t included in a standard seller disclosure. For example:
- Local master plans or zoning changes that could affect the area.
- Crime statistics or sex offender registries—this information is publicly accessible and the responsibility of buyers to research.
It’s also important to note that a seller’s disclosure should never replace the need for a buyer’s inspection. A thorough home inspection ensures the buyer is aware of any issues that may not have been disclosed or noticed.
Required Disclosures: Lead-Based Paint & Mold
In Arkansas, the only legally required disclosures pertain to lead-based paint and mold
- Lead-Based Paint: Federal law mandates that sellers of homes built before 1978 must disclose any knowledge of lead-based paint hazards and provide related documentation to the buyer. This ensures buyers are informed about potential risks and can take proper precautions.
- Mold: If the seller is aware of verified mold on the property, Arkansas law requires that this must also be disclosed. Mold can pose health risks and impact the home’s value, so transparency is crucial.
Transparency Can Prevent Headaches
While you aren’t required to disclose most defects, it’s often better to be upfront. Imagine a scenario where an engineer tells a buyer, “I inspected this property last month.” Hearing this from a third party can make buyers believe the seller is hiding something, even if that’s not the case. Disclosing known issues early avoids misunderstandings and builds trust.
When in Doubt, Consult a Professional
If you're uncertain about what to disclose, consult your real estate agent or an attorney. Providing accurate and thorough information upfront could protect you from potential lawsuits later.
Key Takeaways
- Disclosure is Optional, but Recommended: Sellers in Arkansas aren't legally required to provide a property disclosure, but doing so can foster trust and ease concerns.
- Lead-Based Paint Disclosure is Mandatory: Homes built before 1978 must include a lead-based paint disclosure, even if no other disclosures are provided.
- Mold Disclosure is Required: If a seller is aware of verified mold, it must be disclosed to protect the buyer’s interests.
- Some Information is Public Responsibility: Buyers must research public information such as crime statistics, sex offender registries, or local zoning plans.
- Transparency Builds Buyer Confidence: Disclosing known issues can prevent misunderstandings and legal disputes later in the transaction.
- Seek Professional Advice: Consulting with a real estate agent or attorney can help sellers navigate their disclosure decisions effectively.
