§ 17-42-316 — Agency relationship and duties generally

(a) The common law of agency under Arkansas as supplemented by this section applies to the relationship between a licensee and the licensee's client. (b) (1) In accepting employment by a client, a licensee pledges a primary duty of absolute fidelity to protect and promote the interests of the client or clients. (2) The licensee's duty includes without limitation the obligation to: (A) Use reasonable efforts to further the interest of the client; (B) Exercise reasonable skill and care in representing the client and carrying out the responsibilities of the agency relationship; (C) Perform the terms of the written agency agreement; (D) Follow lawful instructions of the client unless doing so would expose the licensee to liability from another party to a contract, lease, or rental agreement; (E) Perform all duties specified in this section in a manner that demonstrates loyalty to the interests of the client; (F) Comply with all requirements of this section and other applicable statutes and rules; (G) Disclose to the client material facts of the transaction that the licensee is aware of or should be aware of in the exercise of reasonable skill and care and that are not confidential information under a current or prior agency or dual agency relationship; (H) Advise the client to obtain expert advice concerning material matters when necessary or appropriate; (I) Account in a timely manner for all moneys and property received in which the client has or may have an interest; (J) Keep confidential all confidential information; and (K) Refrain from disclosing confidential information to a licensee who is not an agent of the client. (c) The duties required of a licensee under this section may not be waived by a client.

Legislative History

Amended by Act 2019, No. 315,§ 1465, eff. 7/24/2019. Acts 2011, No. 877, § 1.