Frequently Asked Questions

Table of Contents

 
Education 

Obtaining and Maintaining a License  

Expired License  

 License Status  

New Firm  

Business Operation  

Unlicensed Persons  

Resource Information  

EDUCATION

1Q.    What are the pre-requisites for taking the 60-hour pre-licensing course? Answer

2Q.      How long is my 60-hour certificate for completing a real estate pre-licensing valid? Answer

3Q.      When is post-licensing education required and when must it be completed? Answer

4Q.      I passed my real estate exam on January 15th. I applied for an active real estate license on March 15th of the same year. When must I complete my post-licensure requirement? Answer

5Q.      I passed my real estate exam on January 15th. I applied for an inactive real estate license on March 15th of the same year. I activated my real estate license with a brokerage firm on October 15th of the same year. When must I complete my post-licensure requirement? Answer

6Q.     I passed my real estate exam on January 15th. I applied for an inactive real estate license on March 15th of the same year. My license has remained inactive for 18 months and I have not completed my post-licensure requirement. Can I now activate my license with a real estate brokerage? Answer

7Q.     I passed my real estate exam on January 15th, which was yesterday. I am going to activate my license with a brokerage on March 30th. May I go ahead and complete my post-licensure education prior to that date? Answer

8Q.      I just completed two years as an active salesperson and want to obtain my brokers license. Can I apply my 18 hours of salespersons post-licensure education toward my broker’s 30-hour post-licensure requirement?  Answer

9Q.     I just obtained my brokers license but have not completed my post-licensure education. May I become Principal Broker of a real estate firm?  Answer

10Q.     When is continuing education required and when do I need to complete it? Answer

11Q.  Do I have to complete my post-license education before completing my continuing education?  Answer

12Q.  Do I have to complete both post-licensure courses and a continuing education course the first year? Answer

13Q.  How can I determine whether a real estate course I’m considering will fulfill my annual continuing education requirement? Answer

14Q.     Can continuing education be used for post-license education and vice versa? Answer

15Q.   I just completed a 16-hour course, which was approved for continuing education credit. Since my annual six hour credit is only 6 classroom hours, can I apply the remaining 10 hours toward my brokers pre-licensing educational requirement? Answer

16Q.     How long is my continuing education valid? Answer

17Q.   I plan to place my real estate license on inactive status for the next six years. If, while I’m inactive, I take continuing education courses annually, can I use that education to reactivate my license at the end of the six years? Answer                                                Top of Page

OBTAINING AND MAINTAINING A LICENSE

18Q.     Is there a minimum age limit to hold a real estate license in Arkansas? Answer

19Q.     How long will it take to process my application once received by AREC? Answer

20Q.     Why does the Arkansas Real Estate Commission (AREC) require a background check? Answer

21Q.     What type of previous legal problems would prevent a person from getting an Arkansas Real Estate License?  Answer

22Q.     What do I need to schedule for the real estate exam? Answer

23Q.     How soon after I apply for the real estate exam can I take it? Answer

24Q.     How often is the exam given and what does it cost? Answer

25Q.     After I apply to take the real estate exam, how long is my application valid without reapplying? Answer                                                        Top of Page

26Q.     How can I qualify to sit for the real estate broker’s exam? Answer

27Q.     What is required for a new salesperson’s license to be issued? Answer

28Q.     What is required for a new broker’s license to be issued? Answer

29Q.     How much are the license renewal fees and penalties? Answer

30Q.     What is the deadline date for license renewal? Answer

31Q.     What is the expiration date of my license? Answer

32Q.     My Principal Broker and I got into an argument and I left. I want to go to work for a competitor but my former Principal Broker refuses to sign and return my license to the Arkansas Real Estate Commission. What can I do? Answer

EXPIRED LICENSE

33Q.     I inactivated my real estate license ten years ago and have moved four times since. The real estate commission didn’t track me down to let me know I had to pay an annual fee each year. As a result, my license expired nine years ago. How can I get my real estate license back? Answer

34Q.     How long can I re-instate my real estate license after it expires without having to take the exam over? Answer

LICENSE STATUS                                                    Top of Page

35Q.     What are the differences in Associate Brokers, Executive Brokers and Principal Brokers?  Answer

36Q.     What do I need to do if I want to change my associate broker’s license to an executive broker’s license? Answer

37Q.     Can an Executive Broker sign transfer forms? Answer

38Q.     What do I need to do to place my license on inactive status? Answer

39Q.     What do I need to do transfer my license from inactive to active? Answer

40Q.     I am leaving the real estate business to go to work in another profession. I have 3 pending sales transactions for which I have earned sales commissions. Must I remain actively licensed in order to receive those sales commissions when the transactions close? Answer

41Q.     I am leaving the real estate business for another profession; however, I hope to come back into the real estate business some day. I don’t want to have to take the real estate test again. How long may I keep an inactive license before I have to retest? Answer

NEW FIRM

42Q.     What is the first thing I must do with AREC to start my own real estate firm? Answer

43Q.     Now that I have had my firm name approved, what should I do? Answer

44Q.     We have a broker willing to assume the duties of a Principal Broker. What must we do next to begin operation? Answer

45Q.     OK, Do I Need A Trust Account? Answer

46Q.     I’m now ready to staff my firm. Does everyone in my firm have to have a real estate license? Answer

47Q.     I’m the Principal Broker. Until I get the business off the ground, I plan to work at the local grocery to aid my cash flow and make some contacts. Is that OK? Answer

48Q.     While I am a licensed salesperson and owner of the real estate firm, I am not the Principal Broker. Can I be licensed under a Principal Broker who reports to me? Answer

49Q.     I don’t have a real estate license. Can I be the owner or part owner of the business? Answer

50Q.     As my business grows, one Principal Broker may not be able to adequately supervise all the real estate activities of my firm. What can I do about that? Answer

BUSINESS OPERATION                                         Top of Page

51Q.     May I be licensed as the Principal Broker of both my main real estate office and my branch office? Answer

52Q.     What is needed to open a branch office? Answer

53Q.     What is needed to change Principal Brokers for my Company? Answer

54Q.     Where do I obtain forms/contracts to sell real estate? Answer

55Q.     Can I work for more than one real estate Company? Answer

56Q.     What is needed to change my home address? Answer

57Q.     What is needed to change my company’s business address? Answer

58Q.     What is needed to transfer to another company? Answer

59Q.     What is needed to close my company? Answer

UNLICENSED PERSONS                                        Top of Page

60Q.     I am a licensed agent. Can my unlicensed personal assistant conduct my open houses? Answer

61Q.     I am a salesperson, associate broker or executive broker. I employ a licensed personal assistant who helps me with my transactions. May I compensate my personal assistant directly? Answer

62Q.     I am unlicensed and own a real estate business. My Principal Broker just got mad and left. What do I have to do to keep my business operating? Answer

63Q.     I do not have a real estate license but I’m an attorney. I want to sell real estate part time for a local real estate firm. Do I have to have a real estate license? Answer

64Q.     I do not have a real estate license. I am acting as an executor/administrator of an estate. Do I have to obtain a real estate license in order to sell the land that is part of the deceased’s estate? Answer

65Q.     I do not have a real estate license. An elderly friend of mine needs me to help sell some of his real estate. I am doing this strictly as a favor to a friend with no expectation of compensation. Do I have to obtain a real estate license in order to help my friend? Answer

66Q.     I do not have a real estate license. In my worldwide travels, I meet a lot of important people who ask about lakefront property in Arkansas. If I refer one of these persons to an Arkansas real estate broker, may the broker pay me a fee? Answer

RESOURCE INFORMATION

67Q.     Does AREC have a website? Answer

68Q.     Can I download AREC forms from the AREC website? Answer

69Q.     How can I determine whether someone holds an Arkansas Real Estate License? Answer

70Q.     How can I determine whether someone holds a real estate license in a state other that Arkansas? Answer

 Top of Page

 

                                Frequently Asked Questions

Further information is available throughout our webpage at www.arkansas.gov/arec

EDUCATION

What are the pre-requisites for taking the 60-hour pre-licensing course?

1A.       Arkansas license law does not establish prerequisites for completing a 60-hour pre-licensing course. The course provider would impose any such restrictions. For a course to qualify as fulfilling an applicant’s pre-licensing educational requirement, the course must be offered by an accredited post-secondary school or by a school or organization licensed by the State Board of Private Career Education.

How long is the validity of the 60-hour certificate issued for completing a real estate pre-licensing course?

2A.        For salesperson applicants, the 60-hour certificate has no expiration. However, broker applicants must have completed their 60-hour pre-licensing requirement within 36 months immediately preceding the date they apply to take the brokers exam.

When is post-licensing education required and when must it be completed?

3A.        A new salesperson must complete the 18-hour AREC post-licensure course within 12 months after the date the individual was initially licensed. A new broker must complete the 30-hour AREC post-licensure course within 12 months after the date the individual was initially licensed, unless the applicant wants to become an Executive Broker or Principal Broker. In that case, the brokers’ post-licensure requirement must be met before requesting such status as an Executive or Principal Broker. [See question 7Q.]

I passed my real estate exam on January 15th. I applied for an active real estate license on March 15th of the same year. When must I complete my post-licensure requirement?

 4A.        It is to be completed by the end of March of the following year.

I passed my real estate exam on January 15th. I applied for an inactive real estate license on March 15th of the same year. I activated my real estate license with a brokerage firm on October 15th of the same year. When must I complete my post-licensure requirement?

 5A.      It is to be completed by the end of March of the following year.

I passed my real estate exam on January 15th. I applied for an inactive real estate license on March 15th of the same year. My license has remained inactive for 18 months and I have not completed my post-licensure requirement. Can I now activate my license with a real estate brokerage?

6A.     You can activate your real estate license only after you complete your post-licensure requirement.

I passed my real estate exam on January 15th, which was yesterday. I am going to activate my license with a brokerage on March 30th. May I go ahead and complete my post-licensure education prior to that date?

7A.        No. Your post-license education must be completed after you are licensed, not before.

I just completed two years as an active salesperson and want to obtain my brokers license. Can I apply my 18 hours of salespersons post-licensure education toward my broker’s 30-hour post-licensure requirement?

8A.        Yes, as long as you apply to take the brokers exam within 36 months of completing the 18 hours.

I just obtained my brokers license but have not completed my post-licensure education. May I become Principal Broker of a real estate firm?

9A.        No, you must complete your post-licensure education prior to becoming either an Executive Broker or Principal Broker.

When is continuing education required and when do I need to complete it?

10A.     Licensees must obtain six hours of continuing education annually to renew an active real estate license for the upcoming calendar year. Renewal for the upcoming year must be completed by September 30th of the current year to avoid penalty. After, September 30th, renewal can be completed with a penalty assessed. If an active license is not renewed for the upcoming calendar year prior to December 31st of the current year, the license will automatically become expired on January 1st.

Do I have to complete my post-license education before completing my continuing education?

11A.     This will depend upon the date which you were first licensed. You will have 12 months from the date you were first licensed to complete your post-licensure education.  Satisfaction of your continuing education requirement will first be required upon your second active license renewal after you are licensed.

Do I have to complete both post-licensure courses and a continuing education course the
first year?

12A.     This depends on the time of year that you became licensed. The post-licensure requirement is separate from and independent of the continuing education requirement. Your post-licensure education must be completed within 12 months of the date you applied for your salespersons or brokers license. Your continuing education requirement will begin after your first renewal of an active real estate license so that you will have to have completed your continuing education requirement prior to renewing your license for another year.

How can I determine whether a real estate course I’m considering will fulfill my annual continuing education requirement?

13A.     Contact either the Arkansas Real Estate Commission (501) 683-8010 or the State Board of Private Career Education (501) 683-8000).

Can continuing education be used for post-license education and vice versa?

14A.     The AREC post-licensure curriculum consists of five 6-hour modules. Only those specific modules will fulfill a new licensee’s post-licensure requirement. Any one of those post-licensure modules will also meet a licensee’s annual continuing education requirement when an approved instructor offers the module, and as long as the module is not simultaneously being applied to a post-licensure requirement.

 I just completed a 16-hour course, which was approved for continuing education credit. Since my annual six hour credit is only 6 classroom hours, can I apply the remaining 10 hours toward my brokers pre-licensing educational requirement?

15A.    No, Commission Regulation 11.4 does not allow one course to be used for both continuing education and pre-licensing education.

How long is my continuing education valid?

16A.     Continuing education classes completed on or after October 1st may be used to renew a license for the upcoming two calendar years (i.e., a course taken on October 1, 2007 may be used to renew active for calendar years 2008 or 2009). Additional hours will be required for any time of inactive status.

I plan to place my real estate license on inactive status for the next six years. If, while I’m inactive, I take continuing education courses annually, can I use that education to reactivate my license at the end of the six years?

17A.     When transferring a license from inactive to active status, continuing education hours must have been completed in the year in which the license is activated or the preceding calendar year.

OBTAINING AND MAINTAINING A LICENSE

Is there a minimum age limit to hold a real estate license in Arkansas?

18A.     Yes, the age of majority which is currently 18 years in Arkansas.

How long will it take to process my application once received by AREC?

19A.     If there are no delays in the completion of application, the usual turnaround time is five to ten business workdays for applicants to received the Certificate of Eligibility.

Why does the Arkansas Real Estate Commission (AREC) require a background check?

20A.     Background checks are becoming more common in many professions. As part of AREC’s legislative charge to protect the public, background checks are considered a reasonable and viable tool with which to screen applicants for real estate licenses.

What type of previous legal problems would prevent a person from getting an Arkansas Real Estate License?

21A.     When considering previous legal problems, the Commission has to consider whether the granting of a real estate license to the individual could be detrimental to the public. Circumstances differ so each situation has to be considered on a case-by-case basis. Obviously, crimes involving embezzlement or fraud are considered serious.

What do I need to schedule for the real estate exam?

22A.     You will need a Certificate of Examination Eligibility issued by AREC. This Certificate is issued after you have fulfilled your pre-licensing educational requirement, application completed, and fee submitted.

How soon after I apply for the real estate exam can I take it?

23A.     Once you have been issued a Certificate of Eligibility by AREC, you can call Pearson Vue, the testing service, to make reservation as soon as a test site has a vacancy.

How often is the exam given and what does it cost?

24A.     Exams are given every week depending on location. The exam application fee, payable to AREC, cost $50. The exam fee, payable to the testing service, cost $75. Location sites are: Little Rock, Springdale, Texarkana, as well as Shreveport, LA and Memphis, TN.

After I apply to take the real estate exam, how long is my application valid without reapplying?

25A.     One year after the date of application as per Commission Regulation 4.1(h).

How can I qualify to sit for the real estate broker’s exam?

26A.     You should have held an active Arkansas salespersons license for two years. You must have completed 60 classroom hours of pre-licensing education within the 36 months immediately preceding the date you apply to take the brokers exam.

What is required for a new salesperson’s license to be issued?

27A.     For salesperson, you must submit all pages of a successful score report from the test, a license fee of $50.00, recovery fund fee of $25.00, and a signed post-license notice. 

What is required for a new broker’s license to be issued?

28A.     If the licensee is a currently active salesperson, the current license and pocket card are to be returned along with your successful score report from the test, license fee of $70.00 and signed post-license notice. [See Q9 regarding Principal Broker or Executive Broker status]

How much are the license renewal fees and penalties?

29A.     A Salesperson pays $50.00 and a Broker pays $70.00 if the license is renewed before September 30 of the current year.  After September 30, a penalty payment is applied for sales of $20.00 and brokers pay $30.00

What is the deadline date for license renewal?

30A.     The deadline to renew your license for the upcoming calendar year is September 30 of the current year without the expense of a penalty payment.

What is the expiration date of my license?

31A.    Licenses are issued per calendar year; therefore, your license will expire December 31st of the current year.

My Principal Broker and I got into an argument and I left. I want to go to work for a competitor but my former Principal Broker refuses to sign and return my license to the Arkansas Real Estate Commission. What can I do?

32A.     Write a letter to your former Principal Broker with a copy to the Executive Director of the Arkansas Real Estate Commission. State in your letter that you are terminating your relationship with that firm and request that the Principal Broker return your license and pocket card to AREC in accordance with Commission Regulation 7.5(a).

EXPIRED LICENSE

 I inactivated my real estate license ten years ago and have moved four times since. The real estate commission didn’t track me down to let me know I had to pay an annual fee each year. As a result, my license expired nine years ago. How can I get my real estate license back?

33A.    Apply for and retake the real estate exam.

How long can I re-instate my real estate license after it expires without having to take the exam over?

34A.     You should always contact the licensing section of AREC for your specific situation. However, as a general rule, Commission Regulation 6.3(c) allows reinstatement within three (3) years of the last calendar year in which the license was renewed.

LICENSE STATUS

What are the differences in Associate Brokers, Executive Brokers and Principal Brokers?

35A.     The real estate license law does not assign to or recognize supervisory authority for an Associate Broker. Executive Brokers may review and sign contracts and be assigned to supervise Salespersons and Associate Brokers. Every office must have a Principal Broker who is responsible for all activities of those persons licensed with their firm.

What do I need to do if I want to change my associate broker’s license to an executive broker’s license?

36A.     Submit a Transfer form, the Executive Broker Designation form, $30.00 processing fee, and if the licensee is active, the signed current license and pocket card.                       Top of Page

Can an Executive Broker sign transfer forms?

37A.     Although it is possible for Executive Brokers to review and sign contracts and be assigned to supervise Salespersons and Associate Broker, according to AREC Regulation 7.5(b), it is the Principal Broker’s responsibility and duty to sign the application to transfer.

What do I need to do to place my license on Inactive status?

38A.     As a new licensee, furnish AREC an application for licensure as an inactive salesperson after passing the exam. As a currently active licensee, your license and pocket card should be sent to AREC after you and your broker have signed the back of the license.

What do I need to do transfer my license from inactive to active?

39A.     If applicable, complete in the year in which the license is activated or the preceding calendar year, six classroom hours of approved continuing education courses for each year that your license has been inactive, up to a maximum of 30 classroom hours, complete an Activation form and $30.00 fee if the renewals are up to date.

I am leaving the real estate business to go to work in another profession. I have 3 pending sales transactions for which I have earned sales commissions. Must I remain actively licensed in order to receive those sales commissions when the transactions close?

40A.     No, as long as you were actively licensed while you performed the acts for which you will receive compensation, your Principal Broker may compensate you after you have placed your license on inactive status.

I am leaving the real estate business for another profession; however, I hope to come back into the real estate business some day. I don’t want to have to take the real estate test again. How long may I keep an inactive license before I have to retest?

41A.     You may retain an inactive real estate license indefinitely as long as you pay the applicable renewal fees each year. There will be a maximum educational requirement of 30 classroom hours to activate your real estate license.

NEW FIRM

What is the first thing I must do with AREC to start my own real estate firm?

42A.     You must first have your firm name approved. Forms are available 24/7 for this from the agency’s website located at www.arkansas.gov/arec or by contacting AREC during normal business hours at (501) 683-8010.  Once AREC reviews your choice of firm name, you will receive a letter of confirmation that will include a list of actions to take according to the licensee’s situation. Assuming there are no problems with the firm name you have requested, approval of firm name should be received within 5-7 business days.

Now that I have had my firm name approved, what should I do?

43A.     Before your firm can begin operation, a licensed real estate broker must agree to assume the responsibilities of Principal Broker for the firm. The Principal Broker is responsible for all real estate activities of those persons licensed under him/her. Each firm will have only one Principal Broker. As owner or part owner of the firm, you can be the Principal Broker, but that is not required.

We have a broker willing to assume the duties of a Principal Broker. What must we do next to begin operation?

44A.     You must furnish the following information and documents to AREC if the broker is currently an active Associate or Executive Broker: A firm name approval form. Once the name is approved, you are to submit your current license and pocket card making sure the license has a signature on the back, photograph of your permanently attached office sign with the name as approved by AREC, $30 processing fee, trust account form if applicable, Principal Broker form, statement of ownership of the firm.

OK, Do I Need A Trust Account?                                       Top of Page

45A.     Now is the time to make one of your first decisions regarding your operating procedures. The Principal Broker of your firm will be receiving monies that are considered “trust funds” as defined in Commission Regulation 10.8 (a). Commission Regulation 10.8 (c) allows the Principal Broker to maintain a separate trust account or to have an escrow agent for such funds. If you determine that you will hold trust funds, you will need to open a trust account in compliance with Commission Regulation 10.8 and furnish the trust account information to AREC on the appropriate form, which is available from the AREC website or by contacting AREC.

I’m now ready to staff my firm. Does everyone in my firm have to have a real estate license?

46A.     Only those persons who will be performing activities listed in A.C.A 17-42-103(12) are required to hold a real estate license. You will want to instruct unlicensed personnel that they are NOT to perform any activities on that list.

I’m the Principal Broker. Until I get the business off the ground, I plan to work at the local grocery to aid my cash flow and make some contacts. Is that OK?

47A.     Commission regulation 10.4(e) will not allow the Principal Broker to be engaged in a non-real estate related field if that Principal Broker is going to have persons licensed under him/her. If there are no other associates licensed with the Principal Broker, the Principal Broker may engage in a non-real estate related field.

While I am a licensed salesperson and owner of the real estate firm, I am not the Principal Broker. Can I be licensed under a Principal Broker who reports to me?

48A.     Business owners can be licensed under the Principal Broker. License Law holds the Principal Broker responsible for all real estate activities of all persons licensed under him/her, including those real estate activities of the business owner. The Principal Broker is not absolved of that responsibility because the person licensed with him/her owns the real estate firm or is considered the Principal Broker’s boss.

I don’t have a real estate license. Can I be the owner or part owner of the business?

49A.     License law only requires those persons who perform those activities listed in A.C.A. 17-42-103(12) to be licensed. A person who does not perform those activities and who is not licensed can have an ownership interest in the firm.

As my business grows, one Principal Broker may not be able to adequately supervise all the real estate activities of my firm. What can I do about that?

50A.     While the Principal Broker will always be ultimately responsible for all real estate activities of those persons license under him/her, licensed brokers may be designated through AREC as Executive Brokers, who can be assigned supervisory authority over other licensees. Executive Brokers may review and sign real estate contracts on behalf of the Principal Broker.

REAL ESTATE BUSINESS OPERATION

May I be licensed as the Principal Broker of both my main real estate office and my branch office?

51A.     Only if there are no licensed agents assigned to the branch office. A Designated Executive Broker will be required for the branch office to have licensees operate in that office

What is needed to open a branch office?                         Top of Page

52A.     If you are the only person to be licensed for the branch, complete an Application For Duplicate License For A Branch Office Form, submit $30.00 application fee, trust account form and photo of office sign. If other licensed agents are assigned, a separate Broker will be required and must complete an Branch Office Executive Broker Form, which is to be signed by the Principal Broker of the main office. The principal broker for the main office will need to complete an Application For Duplicate License For A Branch Office Form.

What is needed to change Principal Brokers for my Company?

53A.     If there is an existing active broker that will take on the responsibility of the Principal Broker, that broker will need to submit their current license and pocket card, trust account form, photograph of the office sign,  $30 processing fee, a Principal Broker form. The outgoing Principal Broker will need to submit current license and pocket card and a Principal Broker form terminating the association.

Where do I obtain forms/contracts to sell real estate?

54A.    No specific form or contract is required to be used by a licensed agent, however, Commission  Regulation 10.10(c) does require that real estate forms used by licensees in the regular course of business be approved by a licensed Arkansas attorney prior to use. Therefore, you may have an attorney draft forms for you. The Arkansas Realtors Association (ARA) designs and sells forms to its members and to non-member licensees as well. More information is available by contacting ARA at 501 225-2020.

Can I work for more than one real estate Company?

55A.     You cannot be licensed with more than one real estate company; therefore, you cannot perform real estate activities that require a license for more than one real estate company.

What is needed to change my home address?         Top of Page

56A.     You can download or request the AREC form for changing your address or mail, fax or email the change to AREC.

What is needed to change my company’s business address?

57A.     If you move to a different city, you will submit a firm name approval form so as not to conflict with an existing company. If not, send the Firm Change form, $30.00 processing fee, and current License and Pocket card for each licensee in the company and a photograph of the company’s sign in it’s new location.

What is needed to transfer to another company?

58A.     In accordance to Regulation 7.5, the Principal Broker is responsible for returning your license and pocket card to AREC. You are to complete a Transfer form, secure your new broker’s signature and submit with $30.00 processing fee. If completed correctly, this form serves as a 30-day temporary license. If you are a Principal Broker, see 53Q.

What is needed to close my company?

59A.     Return all licenses and pocket cards associated with your company to AREC. You will need to furnish a statement as to the location of the office records. These records will need to be available for review for three years.

UNLICENSED PERSONS

I am a licensed agent. Can my unlicensed personal assistant conduct my open houses?

60A.     This is not advisable especially if you are not present. A compensated unlicensed person may not perform those activities, which require a license. In an open house setting, it may be difficult to avoid such activities, which are listed in A.C.A 17-42-103(12).

I am a salesperson, associate broker or executive broker. I employ a licensed personal assistant who helps me with my transactions. May I compensate my personal assistant directly?

61A.     A.C.A. 17-42-311(8) only allows a licensee to receive compensation for performing licensed activities from the Principal Broker under whom he or she is licensed.

I am unlicensed and own a real estate business. My Principal Broker just got mad and left. What do I have to do to keep my business operating?

62A.     Locate a person willing to operate as Principal Broker and/or contact the Executive Director of the Arkansas Real Estate Commission immediately to determine how your firm may temporarily continue to operate under Commission Regulation 7.7.                          Top of Page

I do not have a real estate license but I’m an attorney. I want to sell real estate part time for a local real estate firm. Do I have to have a real estate license?

63A.     Attorneys have to have a real estate license to practice real estate, unless the attorney is exempt under A.C.A 17-42-104.

 I do not have a real estate license. I am acting as an executor/administrator of an estate. Do I have to obtain a real estate license in order to sell the land that is part of the deceased’s estate?

64A.    There is an exemption to licensure under the provisions of A.C.A 17-42-104 for administrators and/or executors while acting under a court order or under the authority of a will or of a trust instrument.

I do not have a real estate license. An elderly friend of mine needs me to help sell some of his real estate. I am doing this strictly as a favor to a friend with no expectation of compensation. Do I have to obtain a real estate license in order to help my friend?

65A.     As long as no form of fee, consideration or commission is expected or paid for helping your friend, a real estate license is not required.

I do not have a real estate license. In my worldwide travels, I meet a lot of important people who ask about lakefront property in Arkansas. If I refer one of these persons to an Arkansas real estate broker, may the broker pay me a fee?

66A.     This would not be advisable since the Arkansas broker could be in violation of A.C.A 17-42-311(a)(12) and you could be found guilty of a Class D felony in accordance with A.C.A 17-42-105(a).

RESOURCE INFORMATION

 Does AREC have a website?

67A.    Yes. www.arkansas.gov/arec

Can I download AREC forms from the AREC website?

68A.     Yes, the following forms are available for print from the AREC website: Complaint Form, Transfer, Firm Change, Trust Account, Personal Name/Address Change, License Renewal, Executive Broker information, Firm Name Approval, Activation, Branch Office Application, Executive Broker form(s) or Request for Licensure.

How can I determine whether someone holds an Arkansas Real Estate License?

69A.     For 24/7 service, you can check the searchable roster on the AREC website at www.arkansas.gov/arec .  During normal business hours you can contact AREC.

How can I determine whether someone holds a real estate license in a state other that Arkansas?

70A.     Most jurisdictions furnish licensee verification information to a website located at www.arello.com

 

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