You may have heard that Arkansas is a buyer-beware market. If you are selling in Centerton, that can feel like a green light to say less. In reality, the smartest move is to share more, and to document it well. In this guide, you will learn a simple disclosure strategy that builds buyer trust, reduces post-closing disputes, and keeps you compliant on federal lead rules for older homes. Let’s dive in.
Caveat emptor in Arkansas, explained
Arkansas is a caveat emptor state, which means there is no single, statewide mandatory seller property disclosure form for every home sale. That does not remove your legal risk. Sellers and agents can still face liability for fraud, misrepresentation, or active concealment. For general practice guidance on broker duties and recordkeeping, review the resources from the Arkansas Real Estate Commission.
In Northwest Arkansas, many agents use a voluntary disclosure form to create a clear record of known conditions. This written trail helps buyers make informed decisions and reduces disputes after closing. Local associations can be a good source for forms used in practice, such as those available through the Northwest Arkansas Board of REALTORS.
Why voluntary disclosure helps in Centerton
Centerton buyers often ask about wells and septic systems, drainage and flood history, and HOA rules in newer subdivisions. When you address these upfront, you set a confident tone for your listing. Transparency can also reduce renegotiation, because buyers understand the property before they write a strong offer.
A thoughtful disclosure file also protects you. If a question comes up after closing, your written, dated disclosures show what you knew and shared at the time. That record can be the difference between a quick clarification and a costly dispute.
Federal lead rules still apply
Even in a caveat emptor state, federal lead laws apply to most homes built before 1978.
When lead rules apply
If your home was built before 1978, you must follow federal lead-based paint disclosure requirements. You can learn the basics at the EPA lead information page and the HUD guidance on lead-based paint disclosure.
What you must provide
- Give buyers the EPA/HUD pamphlet “Protect Your Family From Lead in Your Home.” You can find it through the EPA pamphlet resource.
- Disclose any known lead-based paint or lead hazards, and provide any related reports.
- Include the federally required lead disclosure form as part of your contract documents.
The 10-day testing window
Buyers must receive a 10-day opportunity to conduct a lead risk assessment or inspection, unless both sides agree to a different timeframe in writing. Make sure your contract clearly states the inspection period you and the buyer have agreed on.
Planning renovations on an older home
If you or a contractor will disturb painted surfaces in pre-1978 housing, the EPA Renovation, Repair and Painting Rule requires certified contractors and lead-safe work practices. Sharing proof of compliant work can further reassure buyers.
Your practical disclosure game plan
A clear, early, and well-documented process works best.
Share disclosures early
Provide your voluntary seller disclosure and any supporting documents at listing or before offer. Early delivery signals good faith and prevents surprises that derail deals later.
Use a clear, local form
Work with your agent to complete a commonly used voluntary seller disclosure form. If your brokerage or local association provides one, use that. Keep the tone factual and avoid guessing.
What to include
- Systems and structure: roof age and condition, foundation, electrical, plumbing, HVAC, water heater, and any visible pest or termite history.
- Water and sewage: indicate if service is municipal or well/septic. Share well water quality notes and septic maintenance dates.
- Moisture and environmental: any known mold or moisture issues, drainage or grading concerns, underground storage tanks, radon if known, and asbestos if known. For pre-1978 homes, include the lead materials noted above.
- Storm and flood history: prior water intrusion, any flood insurance claims, and whether the property sits in a mapped flood zone.
- Repairs and permits: major repairs, additions, or unpermitted work. Include dates, receipts, and contractor names if available.
- Legal and administrative: HOA covenants and fees, pending assessments, zoning or boundary issues known to the seller.
Attach key documents
- Permits and certificates of occupancy, if available
- Receipts and warranties for major work (roof, HVAC, septic)
- Recent home and pest inspection reports, if accurate and available
- Well and septic inspection or pump records
- Flood information, such as a map from the FEMA Flood Map Service Center and any insurance claim history
- County records or parcel details that support your disclosures from the Benton County Assessor and recorded documents from the Benton County Recorder
Keep the paper trail
Date and sign the disclosure. Keep email confirmations that show when you delivered each document to the buyer or their agent. Your agent should store everything in the transaction file.
Build it into the contract
Include a clear inspection period that covers general home, septic, and well inspections, and lead testing if the home is pre-1978. Consider a disclosure addendum that becomes part of the purchase agreement so the representations are in the contract record.
Centerton specifics to address
Wells and septic systems
If your property is not on city utilities, provide recent well and septic reports if you can. Include the septic tank location, last pump date, and any repair or service records. Clear documentation here can prevent surprises during the buyer’s due diligence.
Drainage and flood zones
Many buyers verify flood risk in Benton County. Share any history of water intrusion, french drains, regrading, or flood insurance claims. Include a map printout or link reference from the FEMA Flood Map Service Center for your parcel.
HOA and POA details
For newer subdivisions with an HOA or POA, include covenants, fees, rules, and any pending assessments. Confirm the most recent dues amount and payment schedule to avoid confusion.
Older homes
Federal lead rules are mandatory for pre-1978 homes. Provide the required pamphlet, reports, and the lead disclosure form. Offer the 10-day testing window unless both sides agree to a different period.
Risk management tips
- Be complete and honest. Inaccurate or incomplete disclosures can be used against you.
- Date, sign, and initial each page of the disclosure and any addenda.
- Do not rely on blanket “as is” language to avoid sharing known facts.
- Keep copies of everything you delivered and when you delivered it.
- If you have questions about legal exposure, consider a brief consult with a local real estate attorney or the Arkansas Real Estate Commission.
Quick checklist for your Centerton listing
- Provide a signed, dated voluntary seller disclosure form
- For pre-1978 homes: deliver the EPA/HUD pamphlet, signed lead disclosure form, and any lead reports; note the buyer’s testing period
- Attach permits, receipts, and warranties for recent major work
- Include recent septic/well inspection or pump records if applicable
- Provide floodplain information and any flood insurance or claim history
- Include HOA covenants, fees, and any pending special assessments
- Save email or PDF confirmations showing delivery of all materials
- Ensure your agent files all disclosures in the transaction record
A clear, proactive disclosure file helps you sell with confidence in a caveat emptor state. You reduce risk, invite stronger offers, and move through escrow with fewer surprises. If you want help building a clean, defensible disclosure package for your Centerton sale, reach out to Unknown Company to get started.
FAQs
Are seller disclosures required in Arkansas?
- There is no statewide mandatory seller disclosure form, but voluntary disclosures are common and recommended. Federal lead disclosures are mandatory for most pre-1978 homes.
What if a seller did not disclose a defect in Centerton?
- Remedies depend on the facts, but sellers can be liable for fraud or concealment of known, material defects. A thorough written disclosure helps reduce that risk.
Do I need to worry about lead in an older Centerton home?
- Yes. For pre-1978 homes, you must provide the federal lead pamphlet, disclose known lead hazards, and allow a 10-day testing window unless both sides agree to a different timeframe.
Can buyers waive inspections in Centerton?
- Yes, but waiving inspections increases buyer risk. Sellers should document that buyers received disclosures and intentionally waived inspections.
What disclosures most often cause disputes in Centerton?
- Unpermitted work, septic or well failures, prior flooding or water intrusion, and undisclosed structural issues are common sources of disputes. Proactive documentation reduces surprises.
