§ 17-42-311 — Violations

Arkansas § 17-42-311

• Jurisdiction: Arkansas
• Title: 17

Text

(a) The following acts, conduct, or practices are prohibited, and any licensee found guilty shall be subject to disciplinary action as provided in § 17-42-312 : (1) Obtaining a license by means of fraud, misrepresentation, or concealment; (2) Violating any of the provisions of this chapter or any rules adopted under this chapter or any order issued under this chapter; (3) Being convicted of or pleading guilty or nolo contendere to a felony listed under § 17-3-102 or a crime involving violence, fraud, dishonesty, untruthfulness, or untrustworthiness regardless of whether the imposition of sentence has been deferred or suspended; (4) Making any substantial misrepresentation; (5) Making, printing, publishing, distributing, or causing, authorizing, or knowingly permitting the making, printing, publication, or distribution of false statements, descriptions, or promises of such character as to reasonably induce, persuade, or influence any person to act thereon; (6) Failing within a reasonable time to account for or to remit any moneys coming into his or her possession which belong to others; (7) Committing any act involving violence, fraud, dishonesty, untruthfulness, or untrustworthiness; (8) Acting for more than one (1) party in a transaction without the knowledge of all parties for whom he or she acts or accepting a commission or valuable consideration for the performance of any of the acts specified in this chapter from any person except the licensed principal broker under whom he or she is licensed; (9) Acting as a broker or salesperson while not licensed with a principal broker, representing or attempting to represent a broker other than the principal broker with whom he or she is affiliated without the express knowledge and consent of the principal broker, or representing himself or herself as a salesperson or having a contractual relationship similar to that of a salesperson with anyone other than a licensed principal broker; (10) Advertising in a false, misleading, or deceptive manner; (11) Being unworthy or incompetent to act as a real estate broker or salesperson in such a manner as to safeguard the interests of the public; (12) Paying a commission or valuable consideration to any person for acts or services performed in violation of this chapter, including paying a commission or other valuable consideration to an unlicensed person for participation in a real estate auction; and (13) Any other conduct, whether of the same or a different character from that specified in this section, which constitutes improper, fraudulent, or dishonest dealing. (b) Any license obtained through mistake or inadvertence shall be subject to revocation. (c) A licensee whose license is revoked pursuant to this section shall be eligible to apply for a new license after the expiration of two (2) years from the date of revocation.

Legislative History

Amended by Act 2019, No. 315,§ 1462, eff. 7/24/2019. Amended by Act 2019, No. 990,§ 44, eff. 7/24/2019. Acts 1993, No. 690, § 17; 2005, No. 657, § 3; 2007, No. 263, § 7.