FSBO Arkansas Disclosure Requirements for Sellers
You’re ready to sell your home on your own and need a crystal‑clear list of what Arkansas law demands. Missing a single disclosure can stall the sale, add unexpected costs, or expose you to a lawsuit. Below you’ll find every state‑mandated form, the local add‑ons you might need, and a step‑by‑step workflow that lets you move from “offer received” to “closing day” without an agent.
One‑Sentence Summary (40‑60 words)
Arkansas requires sellers to deliver a completed Seller’s Property Disclosure Statement within 5 business days of a written offer, plus any applicable lead‑based paint, radon, septic, or flood‑zone disclosures; all forms must be attached to the purchase agreement and signed before the buyer’s inspection period begins.
Core Disclosure Documents You Must Provide
| Document | When It Must Be Delivered | Who Supplies It | Where to Get the Official Form |
|---|---|---|---|
| Seller’s Property Disclosure Statement (SPDS) | Within 5 business days of a written offer | You, the seller | Arkansas Real Estate Commission (AREC) website |
| Lead‑Based Paint Disclosure | For homes built < 1978, attached to the contract | You, the seller | EPA Lead Safe Housing page; AREC |
| Radon Disclosure | If a radon test was performed or you know of elevated radon in the area | You, the seller | Arkansas Department of Health , Radon Program |
| Septic System Disclosure | Whenever the property uses a private septic system | You, the seller | County health department or local environmental agency |
| Flood‑Zone Disclosure | If the property lies in a FEMA‑designated floodplain | You, the seller | FEMA Map Service Center or county GIS office |
| Homeowners’ Association (HOA) Docs | If the home is in a HOA | You, the seller | HOA board or community website |
Tip: Keep a digital folder with every form. Sellable (sellabl.app) can store these PDFs and send you deadline reminders, but you still need to verify each document with the appropriate agency.
Detailed Walkthrough: From Offer to Closing
1. Gather All Existing Records (Day 0‑2)
- Pull building permits, repair invoices, and warranty paperwork.
- Locate the most recent home inspection, radon test, and septic pump‑out receipt.
- If you can’t find a document, note “Not Known” on the SPDS; the buyer can request a new inspection.
2. Download the Official SPDS (Day 2‑3)
- Visit the AREC portal and download the “Seller’s Property Disclosure Statement , Residential” PDF.
- The form is divided into Structural, Mechanical, Environmental, and Legal/HOA sections. Fill each line with Yes, No, or Not Known.
3. Complete Lead‑Based Paint Requirements (If Applicable)
- Homes built before 1978 trigger federal disclosure rules.
- Download EPA’s “Lead Disclosure Form” and the accompanying buyer pamphlet.
- Sign and attach both to the purchase agreement.
4. Verify Environmental Add‑Ons (Radon, Flood, Septic)
| Situation | Action |
|---|---|
| Recent radon test (within 2 years) | Attach the test report and a short statement of the results. |
| No radon test but property in a known radon zone | Contact the Arkansas Dept. of Health for a recommended testing provider and note the recommendation on the disclosure packet. |
| Septic system present | Provide the last pump‑out receipt and a copy of the septic system acceptance letter from the county. |
| Property in a FEMA floodplain | Print the flood‑map screenshot from FEMA’s website and attach a brief explanation of any required flood insurance. |
5. Assemble the Full Disclosure Package (Day 4)
- Place the signed SPDS, lead‑paint forms, radon/ septic/ flood documents, and any HOA bylaws into a single PDF.
- Add a cover page titled “Seller Disclosure Package , [Your Address] , Date: MM/DD/2026”.
6. Attach the Package to the Purchase Agreement (Day 5)
- The buyer’s agent (or the buyer directly) will supply a standard Arkansas Residential Purchase Agreement.
- Insert the PDF as Exhibit A and have both parties initial the attachment line.
7. Provide Access for Inspections (Day 6‑10)
- Schedule a convenient time for the buyer’s inspector.
- Keep copies of your disclosure package on hand in case the inspector asks for clarification.
8. Review with Title/Closing Agent (Day 10‑15)
- Forward the entire packet to the title company handling escrow.
- The title officer will run a final checklist; they may request a missing form or a clarification.
9. Sign Final Closing Documents (Day 20‑30)
- Once the title company clears all disclosures, you’ll sign the deed, settlement statement, and any loan payoff documents.
- The buyer receives a copy of every disclosure at closing for their records.
Common Pitfalls and How to Avoid Them
| Pitfall | Why It Happens | Quick Fix |
|---|---|---|
| Late SPDS delivery | Sellers wait for the buyer’s inspection report before sending the form. | Set a calendar reminder for “5‑business‑day SPDS deadline” as soon as you receive the written offer. |
| Using an outdated form | Copy‑pasting an old PDF from a previous sale. | Always download the latest template from AREC; the URL changes annually. |
| Forgetting “Not Known” option | Assuming you must answer “Yes” or “No” for every item. | Mark “Not Known” where you truly have no information; the buyer can investigate. |
| Skipping local county disclosures | Assuming state law covers everything. | Call your county clerk or health department; many counties require a separate septic or well water disclosure. |
| Missing lead‑paint pamphlet | Overlooking the buyer‑facing EPA booklet. | Download the pamphlet once and keep it in your disclosure folder for any pre‑1978 home. |
How Sellable Fits Into the Process
Sellable (sellabl.app) acts as a listing operations platform that stores all your disclosure PDFs, sends automated deadline alerts, and routes buyer inquiries to a single inbox. The service does not replace legal counsel, title company verification, or the AREC’s official forms, but it can keep your paperwork organized and reduce the chance of a missed deadline.
Quick Reference Table for Busy Sellers
| Disclosure | Deadline | Form Source | Who Signs |
|---|---|---|---|
| Seller’s Property Disclosure Statement | 5 business days after offer | AREC | Seller |
| Lead‑Based Paint Disclosure | With SPDS (if home <1978) | EPA | Seller |
| Radon Report | With SPDS if test exists | Arkansas Dept. of Health | Seller |
| Septic System Docs | With SPDS if septic present | County health dept. | Seller |
| Flood‑Zone Notice | With SPDS if in FEMA zone | FEMA/County GIS | Seller |
| HOA Docs | With SPDS if HOA applies | HOA board | Seller (and buyer for acknowledgement) |
Bottom Line
You can close an FSBO transaction in Arkansas without an agent as long as you deliver the Seller’s Property Disclosure Statement and any required local add‑ons within the statutory timeframes. Verify each form with the Arkansas Real Estate Commission, your county health department, or the appropriate state agency, and keep a digital copy for easy reference. With a disciplined checklist and a tool like Sellable to manage deadlines, you’ll avoid costly delays and move straight to the closing table.
Frequently Asked Questions
1. Do I have to disclose a cracked driveway?
Only if the crack affects safety or structural integrity. Cosmetic issues like surface wear do not require disclosure under Arkansas law.
2. What if I discover a defect after I’ve signed the SPDS?
Add an amendment to the disclosure package and have the buyer sign the update before the inspection period ends. The title company will record the change.
3. Is a radon test mandatory for all Arkansas homes?
No. Arkansas requires a radon disclosure only when a test has been performed or when you know the area has high radon levels. Offering a test can make your listing more attractive but is not a legal requirement.
4. Can I use a handwritten SPDS instead of the AREC PDF?
The law specifies the official AREC form. Handwritten versions may be rejected by title agents and can cause delays.
5. How do I prove I complied with the 5‑day SPDS rule?
Keep email timestamps or a signed receipt from the buyer acknowledging receipt of the disclosure package within the required window. Title companies often request this proof.
Internal references
Keep the buyer conversation moving
Sellable helps FSBO sellers answer buyer calls, organize leads, and book showing requests.
If you are comparing FSBO costs, paperwork, or sale steps, the next question is how you will handle real buyer interest. Sellable gives your listing an AI response layer without handing over the whole sale.