(a)
- (1) Except as provided in subsection (b) of this section, a licensee, for the protection of the public and of all parties with whom the licensee deals, shall see that the exact agreement of the parties regarding real estate is in writing.
- (2) A licensee shall also see that clients and other parties to the transaction with whom the licensee deals receive copies of such agreements signed by all parties.
- (3) Examples include exclusive agency agreements or contracts, real estate contracts, closing statements, lease agreements, management agreements, financial obligations and commitments, etc.
- (4) It is strongly recommended that a licensee obtain written acknowledgment from the buyer and or seller that the buyer and or seller have received said signed copies.
- (b) It is strongly recommended that nonexclusive agency agreements or contracts be in writing.
(c)
- (1) In compliance with the Supreme Court decision in the case of Pope County Bar Association, Inc. vs. Suggs, 624 S.W. 2d 828 (1981), real estate forms used by licensees in the regular course of business shall be approved by a licensed Arkansas attorney prior to use.
- (2) The licensee shall be responsible for providing evidence of such approval by a licensed Arkansas attorney upon request of the Arkansas Real Estate Commission.