reglab/housing_qa huggingface dataset:
AR Code § 17-42-317 (2020)
2020 Arkansas Code|Title 17 - Professions, Occupations, and Businesses|Subtitle 2 - Nonmedical Professions|Chapter 42 - Real Estate License Law|Subchapter 3 - Licenses|§ 17-42-317. Representing seller or lessor in an agency relationship

 (a) When representing a seller or lessor in an agency relationship, a licensee shall:  (1)  (A) Use reasonable efforts to obtain a purchase or lease offer at a price and with terms acceptable to the seller or lessor.  (B) Unless requested by the seller or lessor, the licensee is not obligated to seek additional offers if the property is subject to a contract of sale, lease, or letter of intent to lease;    (2) Accept delivery of and present an offer to the seller or lessor in a timely manner, regardless of whether or not the property is subject to a contract of sale, lease, or letter of intent to lease;  (3) Within the scope of knowledge required for licensure, but without violating the limits of the licensee's authority:  (A) Answer the seller's or lessor's questions regarding the steps the seller or lessor must take to fulfill the terms of a contract; and  (B) Provide information to the seller or lessor regarding offers or counteroffers of which the licensee has actual knowledge; and    (4) Assist the seller or lessor in developing, communicating, and presenting offers or counteroffers.    (b) A licensee does not breach a duty or an obligation to a seller or lessor with whom the licensee has an agency relationship by showing alternative properties to a prospective buyer or by acting as an agent or subagent for other sellers or lessors.  (c) This section does not permit a licensee to perform any act or service that constitutes the practice of law.
AR Code § 17-42-318 (2020)
2020 Arkansas Code|Title 17 - Professions, Occupations, and Businesses|Subtitle 2 - Nonmedical Professions|Chapter 42 - Real Estate License Law|Subchapter 3 - Licenses|§ 17-42-318. Representing buyer or lessee in an agency relationship

 (a) When representing a buyer or lessee in an agency relationship, a licensee shall:  (1)  (A) Use reasonable efforts to locate a property at a price and with purchase or lease terms acceptable to the buyer or lessee.  (B) Unless requested by the client, the licensee is not obligated to seek additional purchase or lease possibilities if the buyer or lessee has contracted to purchase or lease or has extended a letter of intent to lease suitable property;    (2) Within the scope of knowledge required for licensure, but without violating the limits of the licensee's authority:  (A) Answer the buyer's or lessee's questions regarding the steps the buyer must take to fulfill the terms of any contract; and  (B) Provide information to the buyer or lessee regarding offers or counteroffers;    (3) Assist the buyer or lessee in developing, communicating, and presenting offers or counteroffers; and  (4) In a timely manner:  (A) Present an offer to purchase or lease to the seller or lessor or their agent, regardless of whether or not the property is subject to a contract of sale, lease, or letter of intent to lease; and  (B) Accept delivery of and present any counteroffers to the buyer or lessee.      (b) If a dual or multiple agency relationship is disclosed under § 17-42-108, a licensee does not breach a duty or an obligation to the buyer or lessee by:  (1) Showing property to other buyers or lessees; or  (2) Acting as an agent or subagent for other buyers or lessees or as an agent or subagent for sellers or lessors.    (c) This section does not permit a licensee to perform any act or service that constitutes the practice of law.
AR Code § 17-42-319 (2020)
2020 Arkansas Code|Title 17 - Professions, Occupations, and Businesses|Subtitle 2 - Nonmedical Professions|Chapter 42 - Real Estate License Law|Subchapter 3 - Licenses|§ 17-42-319. Waiver of agency duties

 (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”
AR Code § 17-42-401 (2020)
2020 Arkansas Code|Title 17 - Professions, Occupations, and Businesses|Subtitle 2 - Nonmedical Professions|Chapter 42 - Real Estate License Law|Subchapter 4 - Applicability — Real Estate Recovery Fund — Disciplinary Actions|§ 17-42-401. Applicability

 The provisions of this subchapter shall apply only to:   (1) Licensees who were licensed at the time of the occurrence of the acts or violations complained of; and  (2) Acts or violations which occur after December 31, 1979.
AR Code § 17-42-402 (2020)
2020 Arkansas Code|Title 17 - Professions, Occupations, and Businesses|Subtitle 2 - Nonmedical Professions|Chapter 42 - Real Estate License Law|Subchapter 4 - Applicability — Real Estate Recovery Fund — Disciplinary Actions|§ 17-42-402. Construction

 Nothing in this subchapter shall be construed to limit or restrict in any manner other civil or criminal remedies which may be available to any person.
AR Code § 17-42-403 (2020)
2020 Arkansas Code|Title 17 - Professions, Occupations, and Businesses|Subtitle 2 - Nonmedical Professions|Chapter 42 - Real Estate License Law|Subchapter 4 - Applicability — Real Estate Recovery Fund — Disciplinary Actions|§ 17-42-403. Creation — Administration

 There is created and established the “Real Estate Recovery Fund”, which shall be maintained and administered by the Arkansas Real Estate Commission as provided in this subchapter.
AR Code § 17-42-404 (2020)
2020 Arkansas Code|Title 17 - Professions, Occupations, and Businesses|Subtitle 2 - Nonmedical Professions|Chapter 42 - Real Estate License Law|Subchapter 4 - Applicability — Real Estate Recovery Fund — Disciplinary Actions|§ 17-42-404. Fees — Use of fund

 (a) The Arkansas Real Estate Commission shall set the fees at such amount as it deems necessary to initially establish the Real Estate Recovery Fund and to reestablish the fund at the beginning of each annual renewal period. However, the fees shall not exceed the limits set forth in § 17-42-405.  (b) The assets of the fund may be invested and reinvested as the commission may determine, with the advice of the State Board of Finance.  (c) Any amounts in the fund may be used by the commission for the following additional purposes:  (1)  (A) To fund educational seminars and other forms of educational projects for the use and benefit generally of licensees.  (B) The production and distribution of informational literature of an educational nature shall qualify as educational projects;    (2) To fund real estate chairs or courses at various state institutions of higher education for the purpose of making such courses available to licensees and the general public;  (3) To fund research projects in the field of real estate; and  (4) To fund any and all other educational and research projects of a similar nature having to do with the advancement of the real estate field in Arkansas.
AR Code § 17-42-405 (2020)
2020 Arkansas Code|Title 17 - Professions, Occupations, and Businesses|Subtitle 2 - Nonmedical Professions|Chapter 42 - Real Estate License Law|Subchapter 4 - Applicability — Real Estate Recovery Fund — Disciplinary Actions|§ 17-42-405. Additional fee

 (a) In addition to the other fees provided for in this chapter and rules of the Arkansas Real Estate Commission, each licensed real estate broker and salesperson shall pay to the commission for the benefit of the Real Estate Recovery Fund a fee as the commission may require, not to exceed the lesser of:  (1) Twenty-five dollars ($25.00) per annual renewal; or  (2) An amount sufficient to restore the fund balance to two hundred fifty thousand dollars ($250,000).    (b) Likewise, each person who becomes a licensee for the first time shall at that time pay to the commission for the benefit of the fund such fee as the commission may require, not to exceed twenty-five dollars ($25.00).  (c) No fees collected under the provisions of this subchapter may be expended from the fund except for the purposes set forth in this subchapter.
AR Code § 17-42-406 (2020)
2020 Arkansas Code|Title 17 - Professions, Occupations, and Businesses|Subtitle 2 - Nonmedical Professions|Chapter 42 - Real Estate License Law|Subchapter 4 - Applicability — Real Estate Recovery Fund — Disciplinary Actions|§ 17-42-406. Disciplinary hearing — Procedure

 (a)  (1) In any disciplinary hearing before the Arkansas Real Estate Commission which involves any licensee who has allegedly violated any provision of this chapter or commission rules, the commission shall first determine whether a violation has occurred.  (2) If so, the commission shall then determine the amount of damages, if any, suffered by the aggrieved party or parties. However, damages shall be limited to actual damages in accordance with § 17-42-407.  (3) The commission shall then direct the licensee to pay that amount to the aggrieved party or parties.  (4) If that amount has not been paid within thirty (30) days following entry of the commission's final order in the matter and the order has not been appealed to the circuit court, then the commission shall pay, upon request, from the Real Estate Recovery Fund to the aggrieved party or parties the amount specified. However, the commission shall not:  (A) Pay in excess of twenty-five thousand dollars ($25,000) for any one (1) violation or continuing series of violations, regardless of the number of licensees who participated in such a violation or continuing series of violations; or  (B) Pay an amount in excess of the fund balance.      (b) The question of whether or not certain violations constitute a continuing series of violations shall be a matter solely within the discretion and judgment of the commission.  (c) Nothing within this subchapter shall obligate the fund for any amount in excess of a total of seventy-five thousand dollars ($75,000) with respect to:  (1) The acts of any one (1) licensee; or  (2) Any group of related claims.    (d) Whether or not a claim is one (1) of a group of related claims shall be a matter solely within the discretion and judgment of the commission.  (e) When unsatisfied or pending claims are such that they exceed the limits payable under subsection (c) of this section, the commission shall be the sole determinant of how the available funds shall be allocated among such claims.
AR Code § 17-42-407 (2020)
2020 Arkansas Code|Title 17 - Professions, Occupations, and Businesses|Subtitle 2 - Nonmedical Professions|Chapter 42 - Real Estate License Law|Subchapter 4 - Applicability — Real Estate Recovery Fund — Disciplinary Actions|§ 17-42-407. Jurisdiction

 (a) The Arkansas Real Estate Commission's jurisdiction and authority to award damages to an aggrieved party pursuant to § 17-42-406 is limited to actual, compensatory damages. The commission shall not award punitive or exemplary damages, nor shall it award interest on damages.  (b) Likewise, the appellate jurisdiction of the circuit court is limited to the awarding of actual, compensatory damages.  (c) The circuit court shall have no authority or jurisdiction to assess punitive or exemplary damages under this subchapter.  (d) The circuit court's jurisdiction over the Real Estate Recovery Fund shall be limited to appeals from the commission's orders.  (e) The circuit court shall have no jurisdiction or authority to order payments from the fund in any amount in excess of either:  (1) The amount determined by the commission; or  (2) The limits set forth in § 17-42-406.
AR Code § 17-42-408 (2020)
2020 Arkansas Code|Title 17 - Professions, Occupations, and Businesses|Subtitle 2 - Nonmedical Professions|Chapter 42 - Real Estate License Law|Subchapter 4 - Applicability — Real Estate Recovery Fund — Disciplinary Actions|§ 17-42-408. Appeal

 (a) An appeal may be taken to the circuit court from a final order of the Arkansas Real Estate Commission in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.  (b) An appeal shall automatically stay that portion of the commission's order which directs the payment of damages, and neither the licensee nor the commission shall be obligated to pay the damages to the aggrieved party or parties until such time as the appeal is finally decided, whether in the circuit court or in the Supreme Court.
AR Code § 17-42-409 (2020)
2020 Arkansas Code|Title 17 - Professions, Occupations, and Businesses|Subtitle 2 - Nonmedical Professions|Chapter 42 - Real Estate License Law|Subchapter 4 - Applicability — Real Estate Recovery Fund — Disciplinary Actions|§ 17-42-409. Subrogation — Suspension of license

 Upon the payment by the Arkansas Real Estate Commission of any amount of money under the provisions of § 17-42-406:   (1) The recipients of the payment, to the extent of the payment, shall assign to the commission all rights and claims that they may have against the licensee involved;  (2) The commission shall be subrogated to all of the rights of the recipients of the payment, to the extent of the payment; and  (3) In addition to any other disciplinary action taken against the licensee on the merits of the hearing, his or her license shall be immediately suspended until he or she has completely reimbursed the commission for the payment, plus interest at a rate to be determined by the commission. The rate shall not exceed ten percent (10%) per annum.
AR Code § 17-42-501 (2020)
2020 Arkansas Code|Title 17 - Professions, Occupations, and Businesses|Subtitle 2 - Nonmedical Professions|Chapter 42 - Real Estate License Law|Subchapter 5 - Renewal of Licenses|§ 17-42-501. Real estate education program

 The Arkansas Real Estate Commission shall establish an education program for real estate licensees to ensure that education is available and accessible to an applicant or a licensee. The education program is intended to fulfill the education requirements for a real estate license and to provide real estate courses intended to fulfill the education requirements for a real estate license.
AR Code § 17-42-503 (2020)
2020 Arkansas Code|Title 17 - Professions, Occupations, and Businesses|Subtitle 2 - Nonmedical Professions|Chapter 42 - Real Estate License Law|Subchapter 5 - Renewal of Licenses|§ 17-42-503. Exemptions

 (a) The licensing requirements of this subchapter do not apply to:  (1) The National Association of Realtors, the National Association of Real Estate Brokers, or other associated entities if each association identifies an administrator;  (2) An accredited college or university; or  (3) An instructor associated with an entity listed in subdivision (a)(1) or subdivision (a)(2) of this section if the course is developed by or for those specific entities.    (b) The requirement for course approval by the Arkansas Real Estate Commission under this subchapter does not apply to:  (1) A classroom course in a real estate-related subject identified by the commission as an approved topic if it is offered by the National Association of Realtors, the National Association of Real Estate Brokers, or other associated entities;  (2) A course of at least three (3) semester hours or equivalent in a real estate subject that is approved by the commission and offered by an accredited college or university;  (3) A course in a real estate-related subject offered by the commission;  (4) A course or a conference in a real estate-related subject approved by the commission and offered annually on a limited basis in Arkansas; or  (5) A course that is not used to fulfill the education requirements of this subchapter for attaining a real estate license.
AR Code § 17-42-504 (2020)
2020 Arkansas Code|Title 17 - Professions, Occupations, and Businesses|Subtitle 2 - Nonmedical Professions|Chapter 42 - Real Estate License Law|Subchapter 5 - Renewal of Licenses|§ 17-42-504. Requirements — Mandatory real estate education

 (a) A person shall not practice as a provider of real estate education for real estate licensure unless the person holds a real estate license under this subchapter.  (b) A person or school shall not represent that an offered real estate course satisfies the education requirements for real estate licensure unless the course is approved by the Arkansas Real Estate Commission.  (c)  (1) It is a violation of this subchapter to fail to obtain:  (A) A license to practice as a provider of real estate education for real estate licensure; or  (B) Approval for a real estate education course by the commission.    (2) A real estate education course offered in violation of this subchapter is a nonqualified offering.
AR Code § 17-42-505 (2020)
2020 Arkansas Code|Title 17 - Professions, Occupations, and Businesses|Subtitle 2 - Nonmedical Professions|Chapter 42 - Real Estate License Law|Subchapter 5 - Renewal of Licenses|§ 17-42-505. Civil penalties — Jurisdiction

 (a) If after notice and a hearing under this subchapter and the Arkansas Administrative Procedure Act, § 25-15-201 et seq., the Arkansas Real Estate Commission finds that a person has offered a nonqualified offering, the commission may impose a civil penalty of no more than five thousand dollars ($5,000) and assess costs against the person.  (b) The fact that a person offers to provide or provides a course offering without the appropriate license or course approval from the commission is prima facie evidence that the person is offering a nonqualified offering.  (c) In addition to civil penalties imposed under this section, the commission may require a person who offered a nonqualified offering to reimburse compensation, fees, or other remuneration collected for the nonqualified offering.
AR Code § 17-42-506 (2020)
2020 Arkansas Code|Title 17 - Professions, Occupations, and Businesses|Subtitle 2 - Nonmedical Professions|Chapter 42 - Real Estate License Law|Subchapter 5 - Renewal of Licenses|§ 17-42-506. Powers and duties

 (a) The Arkansas Real Estate Commission may adopt rules as necessary to implement this subchapter.  (b) The commission shall license, approve, and regulate schools, associations, principal instructors, and associate instructors offering commission-approved prelicense, postlicense, and continuing education courses offered to satisfy education requirements for real estate licensure.  (c) The commission shall establish the licensing or education requirements for:  (1) A school or association that applies for a license to offer real estate courses that satisfy the education requirements for real estate licensure;  (2) Principal and associate instructors of courses approved by the commission;  (3) Courses that satisfy the education requirements for applicants for real estate licensure and licensees; and  (4) Guest speakers of courses approved by the commission.    (d) The commission shall:  (1) Establish procedural guidelines for licensed schools and their locations and those providing real estate education designed for students to meet the education requirements for a real estate license;  (2) Charge fees and pay the necessary expenses to develop, approve, sponsor, contract for, or conduct real estate courses and seminars for real estate licensees or instructors of real estate education;  (3) Maintain in electronic format a list of the names of real estate schools, associations, administrators, instructors, and courses approved under this subchapter;  (4) Publish in electronic format the names of the persons, associations, or schools that have been sanctioned by formal hearing or consent order under this subchapter;  (5) Periodically monitor courses offered or taught by the licensed schools and instructors; and  (6) Establish course requirements with respect to:  (A) Accessibility;  (B) Attendance;  (C) Satisfactory completion; and  (D) Curricula.
AR Code § 17-42-507 (2020)
2020 Arkansas Code|Title 17 - Professions, Occupations, and Businesses|Subtitle 2 - Nonmedical Professions|Chapter 42 - Real Estate License Law|Subchapter 5 - Renewal of Licenses|§ 17-42-507. Disposition of funds

 Except as otherwise provided in this subchapter, the fees, charges, fines, and penalties collected by the Arkansas Real Estate Commission under this subchapter are to be to be deposited into the Arkansas Real Estate Commission Fund and spent under § 17-42-204.
AR Code § 17-42-508 (2020)
2020 Arkansas Code|Title 17 - Professions, Occupations, and Businesses|Subtitle 2 - Nonmedical Professions|Chapter 42 - Real Estate License Law|Subchapter 5 - Renewal of Licenses|§ 17-42-508. Subpoenas and subpoenas duces tecum

 The Arkansas Real Estate Commission may issue subpoenas and subpoenas duces tecum with both its investigations and hearings of persons, entities, and courses under § 17-42-205.
AR Code § 17-42-509 (2020)
2020 Arkansas Code|Title 17 - Professions, Occupations, and Businesses|Subtitle 2 - Nonmedical Professions|Chapter 42 - Real Estate License Law|Subchapter 5 - Renewal of Licenses|§ 17-42-509. Issuance or denial of license

 (a) The Arkansas Real Estate Commission shall issue a license to an applicant instructor of real estate education who:  (1) Is twenty-one (21) years of age or older;  (2) Has successfully completed the real estate education requirements under this subchapter;  (3) Has sufficient experience as determined by the commission;  (4) Has no record of unprofessional conduct; and  (5) Shows evidence of a reputation of honesty, trustworthiness, and integrity sufficient to safeguard the interest of the public.    (b) The commission shall determine what constitutes proof of meeting the requirements of subsection (a) of this section.  (c) A person or entity shall not be issued a license under this subchapter if:  (1) The person or entity has had a real estate or other professional or occupational license suspended or revoked for disciplinary reasons;  (2) The person has been refused a renewal of a license issued by this state or any other jurisdiction;  (3) The person or entity has pleaded guilty or nolo contendere to or been found guilty of a felony listed under § 17-3-102 or a misdemeanor involving violence, fraud, misrepresentation, or dishonest or dishonorable dealing in a court of competent jurisdiction; or  (4) The person or entity fails to pay the appropriate fees.    (d)  (1) Subsection (c) of this section may be waived by the commission on request of an affected applicant for licensure.  (2) Circumstances for which a waiver may be granted include:  (A) The applicant's age at the time the action occurred;  (B) The circumstances surrounding the action;  (C) The length of time since the action;  (D) Work history;  (E) Employment references;  (F) Character references; and  (G) Other evidence demonstrating that the applicant does not pose a threat to the public.