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AR SB553

Bill

Status

Failed

5/1/2023

Primary Sponsor

Clint Penzo

Click for details

Origin

Senate

94th General Assembly (2023 Regular)

AI Summary

  • Amends Arkansas Code § 17-42-104(c) to prohibit real estate licensure exemptions for persons or entities that obtain equitable interests on behalf of others, publicly market equitable interests in residential property contracts, or strategically circumvent licensure requirements to eliminate consumer remedies.

  • Modifies Arkansas Code § 17-42-109(b) to clarify that offering to engage in unlicensed real estate activities without a license constitutes prima facie evidence of unlicensed real estate activity.

  • Creates the Arkansas Real Estate Wholesale Consumer Protection Act as a new subchapter (18-12-801 et seq.) defining wholesale buyers and wholesale sellers of residential real property with fewer than five dwelling units.

  • Requires wholesale buyers to disclose in writing to sellers that they are wholesale buyers before entering into binding agreements for residential property transfers.

  • Requires wholesale sellers to disclose in writing to buyers that they are wholesale sellers and may not be able to convey title to the property; allows sellers or buyers to terminate contracts without penalty and retain or be refunded earnest money if disclosure requirements are violated.

Legislative Description

To Add An Exemption To Real Estate Licensure; And To Create The Arkansas Real Estate Wholesale Consumer Protection Act.

Last Action

Sine Die adjournment

5/1/2023

Committee Referrals

Insurance & Commerce3/30/2023

Full Bill Text

No bill text available