(a) A licensee shall perform the duties required under § 17-42-317 or § 17-42-318 unless the client agrees to waive these duties and signs a waiver of duties statement that contains:
(1) A list of the fiduciary duties required of all licensees under § 17-42-316;
(2) A list of the duties contained in § 17-42-317 or § 17-42-318 set forth in a manner that allows for the parties to indicate each duty that is being waived; and
(3) The following language in at least 10-point boldface type:
(b) If a licensee enters into an agency relationship containing the waivers outlined in this section, all reasonable efforts must be taken to inform other licensees that:
(1) Any moneys of others, including without limitation earnest money, advance fees, or security deposits are not to be transmitted or kept by the licensee, notwithstanding other applicable statutes and rules; and
(2) A licensee for a buyer or lessee remains authorized to present offers to buy, lease, or rent real property directly to the licensee's principal notwithstanding a:
(A) Waiver under subsection (a) of this section; or
(B) Conflicting statute or rule.
“Agreement to Waive
By signing below, I agree that the real estate licensee who represents me will not perform the duties that are initialed above. I also understand that in a proposed real estate transaction, no other real estate licensee will perform the waived duties, and I realize that I may need to hire other professionals such as an attorney.
____________________ ____________________
Signature of Client Date
____________________ ____________________
Signature of Licensee Date
Structure Arkansas Code
Title 17 - Professions, Occupations, and Businesses
Subtitle 2 - Nonmedical Professions
Chapter 42 - Real Estate License Law
§ 17-42-301. License required — Violations
§ 17-42-302. Issuance or denial of license
§ 17-42-303. Education and experience requirements
§ 17-42-305. Nonresident license requirements
§ 17-42-306. Application procedure — Licensing examination required
§ 17-42-307. Expiration and renewal
§ 17-42-309. Place of business
§ 17-42-310. Change of name or address — Lost license or card
§ 17-42-312. Investigation of complaint — Citations — Penalties
§ 17-42-313. Dismissal of complaint — Appeal
§ 17-42-315. Criminal background check
§ 17-42-316. Agency relationship and duties generally
§ 17-42-317. Representing seller or lessor in an agency relationship
§ 17-42-318. Representing buyer or lessee in an agency relationship