ARK LEG Real Estate Dual Agency Duties

Published on: Apr 24, 2025

On Apr. 18, ARK LEG report bill on dual agency duties, confidentiality.

  • ARK LEG enacted HB 1853 on real estate licensee dual agency duties to clients.
  • Amends ARK LEG 17-42-316 (agency relationship), adds dual agency exceptions.
  • Bill Provisions
  • Allows clients of licensee acting under dual agency to waive duty of absolute fidelity.
  • Multiple clients represented by dual agency licensee can waive agent confidentiality.
  • Legislative History
  • On Mar. 19, 2025, bill introduced in House; on Apr. 3, 2025, bill was passed in House.
  • On Apr. 3, 2025, bill introduced in Senate; on Apr. 14, 2025, bill was passed in Senate.
  • On Apr. 17, 2025, bill approved by governor, HB 1853 was assigned Act 834.
  • Effectiveness
  • Act effective 91 days after legislature adjourned sine die (May 5), so Aug. 4, 2025.
Regulators
ARK LEG
Entity Types
CNSM; Corp; Fiduciary; MG Orig
Reference
Act 834, 4/17/2025; Citation: ARK LEG 17-42-316;
Functions
Compliance; Legal; Market Conduct; Registration/Licensing; Sales Practices
Countries
United States of America
Category
State
N/A
Products
Corporate; Mortgage
Rule Type
Final
Regions
Am
Rule Date
Apr 17, 2025
Effective Date
Aug 4, 2025
Rule ID
251777
Linked to
N/A
Reg. Last Update
Apr 17, 2025
Report Section
US Consumer