July 18, 2025

5 Legal Tips from an Arkansas Real Estate Lawyer

Article Summary:

Selling a home in Arkansas? Get 5 key legal tips from RMP Law to avoid disputes, title issues, and closing delays. Close with confidence.

Legal Topics

EMPLOYMENT LAW UPDATE: FEDERAL TRADE COMMISSION ELIMINATES NON-COMPETE CLAUSES

On Tuesday, the Federal Trade Commission issued a new Rule putting an end to employment-related non-compete clauses. In its justification for the rule, the FTC called non-compete clauses “an unfair method of competition” and stated it is a “violation for [employers] to… enter into non-compete clauses (“non-competes”) with workers.” In today’s very competitive labor market, the new FTC Rule creates a significant disruption for employers.

WHEN IS THE FTC ELIMINATION OF NON-COMPETE CLAUSES SET TO TAKE EFFECT?

This new FTC provision—set to take effect in 120 days—renders existing non-compete agreements unenforceable. Existing non-compete agreements with senior executives will remain enforceable, although employers cannot require newly hired senior executives to sign such an agreement.

WHAT REQUIREMENTS HAS THE FTC IMPOSED ON EMPLOYERS BY ELIMINATING NON-COMPETE CLAUSES?

After the Rule takes effect, employers are required to deliver personal notice to employees (past and present) who signed a non-compete agreement informing them agreements are no longer enforceable. In the notice, employers must inform employees they are free to accept any job or start any business, even if it is directly competitive with the employer.

IS THE FTC’S ELIMINATION OF THE NON-COMPETE CLAUSES OPTIONAL FOR EMPLOYERS?

Compliance with the FTC Rule is not optional. Employers should consider new ways they can protect against a former employee gaining a competitive advantage by using the employer- provided training, the relationships made possible by the employer, or the confidential information learned from the employer. RMP can assist you in navigating this disruption and can provide advice on how to most effectively protect your vital business interests going forward.

RMP: Your Employment Law Attorneys

RMP Attorneys At Law has an experienced Employment Law Attorney team dedicated to helping you navigate these changes. If you have any questions or would like guidance, reach out to one of our employment attorneys, Tim Hutchinson, Seth Haines, Larry McCredy, or Taylor Baltz or call  479.443.2705.

A photo of a home for sale sign with a tan sided cape in the background with a text overlay "Top 5 Legal Tips for Arkansas Home Sellers - from the Real Estate Attorneys at RMP Law".

Selling a Home in Arkansas? Avoid These 5 Legal Pitfalls with help from RMP Law Real Estate Lawyers

Selling a home isn’t just an important financial decision—it’s also a complex legal transaction. At RMP Law, our team of real estate lawyers have helped sellers across Arkansas protect themselves from costly disputes, surprises in their contracts, and last-minute closing issues. Whether you're selling your primary residence, a home you’ve inherited, or residential property you’ve held as an investment, there’s more at stake than just the sales price.

Here are five key legal tips from our team of experienced Arkansas real estate lawyers to help you close confidently and avoid common pitfalls.

1. Know Your Disclosure Obligations

In Arkansas, real estate agents representing sellers are generally required to disclose known material defects about the property. This includes things like roof leaks, foundation problems, drainage issues, past flooding, and other facts that are material to the value or desirability of the property. Apart from the agent’s duty, each seller’s disclosure obligations may be different depending on the specific terms of the contract, the questions asked by the buyer, and several other factors. 

Why this matters:
Failure to satisfy your disclosure obligations can open you up to lawsuits even after the sale, including claims of fraud or misrepresentation. As real estate lawyers, we’ve handled post-closing claims that could’ve been avoided had the seller fully appreciated their disclosure obligations.

Tip: If you’re unsure whether something needs to be disclosed or what your disclosure obligations are generally, speak to a real estate lawyer early in the sales process for guidance.

A list of Arkansas seller disclosure examples including roof leaks, foundation issues, drainage problems, and more depending on the contract from real estate attorneys.

2. Clean Up the Title Before You List

Title issues are one of the biggest causes of delayed or failed closings. Common problems include old liens, unresolved mortgages, boundary disputes, and inherited property without a clear title.

At RMP Law, we often help sellers run a preliminary title check so they can resolve problems proactively, not while the buyer is waiting.

Tip: If you’ve owned the property for a long time, or if it passed to you through family or probate, speak to an Arkansas real estate lawyer early in the process.

3. Be Clear on What “As-Is” Actually Means

Selling a home “as-is” can simplify things, but it doesn’t completely shield you from liability. You may still have certain disclosure obligations depending on the terms of your contract, and the buyer may still negotiate based on inspection findings.

What “as-is” does:

  • Subject to exceptions, relieves you from liability for existing defects
  • Communicates that you’re not making repairs

What it doesn’t do:

  • Excuse fraud or misrepresentation
  • Override legal obligations in your contract

We recommend working with a real estate lawyer to ensure your “as-is” language is strong and enforceable—and that you understand your obligations under this language—to help avoid exposure to future claims.


Contact RMP Law Today

Main RMP Number: 479-443-2705

Bentonville – 479-553-9800
Jonesboro – 870-394-5200
Little Rock – 501-954-9000

Message Us


4. Don’t Rely on Verbal Agreements

In real estate transactions, often only what's written counts. It’s common for sellers to make handshake agreements during negotiations—maybe about including appliances, handling minor repairs, or extending a move-out date. This is especially common in deals between family or friends.

Why it matters:
If a term you’ve agreed to is not in the contract, it may not be enforceable. Worse, it could be misinterpreted later. In either case, the failure to formally document the terms of your agreement in writing can easily lead to costly and time-consuming disputes that delay the sale of your property.

At RMP Law, we help sellers clarify the terms of their deals in writing so that expectations are clear and surprises are avoided.

Real estate attorney and buyer capture terms of sale within a contract.

5. Understand Your Agent Isn't Your Real Estate Lawyer

Real estate agents play an important role in marketing properties and negotiating the terms of a deal, but they are not licensed to give legal advice. That’s where your real estate lawyer comes in.

What RMP Law provides that your agent can’t:

  • Custom contract language
  • Legal advice on your disclosure obligations and liability exposure
  • Representation in negotiations as well as disputes
  • Guidance on title problems, estate-related issues, or tenant complications

Working with a trusted Arkansas real estate lawyer ensures that your legal risks are adequately addressed and your transaction stays on track.

Choose RMP Law: Close With Confidence and Legal Peace of Mind

Selling a home in Arkansas isn’t just about finding a buyer—it’s about protecting yourself legally, both during and after the sale. At RMP Law, our team of real estate lawyers helps sellers avoid surprises, reduce liability, and close with confidence.

Whether you’re selling your family home, a rental property, or a house you’ve inherited, we’re here to make sure the process is smooth and legally sound.

Let RMP Law be your trusted legal partner, providing the guidance and advocacy you need to succeed. Contact us today! 

Main RMP Number: 479-443-2705


RMP Business Law Attorney Arkansas

Disclaimer:

The information provided on this website does not constitute legal advice. Instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information. Readers of this website should contact their attorney to obtain advice with respect to any particular legal matter.


A photo of a home for sale sign with a tan sided cape in the background with a text overlay "Top 5 Legal Tips for Arkansas Home Sellers - from the Real Estate Attorneys at RMP Law".

Selling a Home in Arkansas? Avoid These 5 Legal Pitfalls with help from RMP Law Real Estate Lawyers

Selling a home isn’t just an important financial decision—it’s also a complex legal transaction. At RMP Law, our team of real estate lawyers have helped sellers across Arkansas protect themselves from costly disputes, surprises in their contracts, and last-minute closing issues. Whether you're selling your primary residence, a home you’ve inherited, or residential property you’ve held as an investment, there’s more at stake than just the sales price.

Here are five key legal tips from our team of experienced Arkansas real estate lawyers to help you close confidently and avoid common pitfalls.

1. Know Your Disclosure Obligations

In Arkansas, real estate agents representing sellers are generally required to disclose known material defects about the property. This includes things like roof leaks, foundation problems, drainage issues, past flooding, and other facts that are material to the value or desirability of the property. Apart from the agent’s duty, each seller’s disclosure obligations may be different depending on the specific terms of the contract, the questions asked by the buyer, and several other factors. 

Why this matters:
Failure to satisfy your disclosure obligations can open you up to lawsuits even after the sale, including claims of fraud or misrepresentation. As real estate lawyers, we’ve handled post-closing claims that could’ve been avoided had the seller fully appreciated their disclosure obligations.

Tip: If you’re unsure whether something needs to be disclosed or what your disclosure obligations are generally, speak to a real estate lawyer early in the sales process for guidance.

A list of Arkansas seller disclosure examples including roof leaks, foundation issues, drainage problems, and more depending on the contract from real estate attorneys.

2. Clean Up the Title Before You List

Title issues are one of the biggest causes of delayed or failed closings. Common problems include old liens, unresolved mortgages, boundary disputes, and inherited property without a clear title.

At RMP Law, we often help sellers run a preliminary title check so they can resolve problems proactively, not while the buyer is waiting.

Tip: If you’ve owned the property for a long time, or if it passed to you through family or probate, speak to an Arkansas real estate lawyer early in the process.

3. Be Clear on What “As-Is” Actually Means

Selling a home “as-is” can simplify things, but it doesn’t completely shield you from liability. You may still have certain disclosure obligations depending on the terms of your contract, and the buyer may still negotiate based on inspection findings.

What “as-is” does:

  • Subject to exceptions, relieves you from liability for existing defects
  • Communicates that you’re not making repairs

What it doesn’t do:

  • Excuse fraud or misrepresentation
  • Override legal obligations in your contract

We recommend working with a real estate lawyer to ensure your “as-is” language is strong and enforceable—and that you understand your obligations under this language—to help avoid exposure to future claims.


Contact RMP Law Today

Main RMP Number: 479-443-2705

Bentonville – 479-553-9800
Jonesboro – 870-394-5200
Little Rock – 501-954-9000

Message Us


4. Don’t Rely on Verbal Agreements

In real estate transactions, often only what's written counts. It’s common for sellers to make handshake agreements during negotiations—maybe about including appliances, handling minor repairs, or extending a move-out date. This is especially common in deals between family or friends.

Why it matters:
If a term you’ve agreed to is not in the contract, it may not be enforceable. Worse, it could be misinterpreted later. In either case, the failure to formally document the terms of your agreement in writing can easily lead to costly and time-consuming disputes that delay the sale of your property.

At RMP Law, we help sellers clarify the terms of their deals in writing so that expectations are clear and surprises are avoided.

Real estate attorney and buyer capture terms of sale within a contract.

5. Understand Your Agent Isn't Your Real Estate Lawyer

Real estate agents play an important role in marketing properties and negotiating the terms of a deal, but they are not licensed to give legal advice. That’s where your real estate lawyer comes in.

What RMP Law provides that your agent can’t:

  • Custom contract language
  • Legal advice on your disclosure obligations and liability exposure
  • Representation in negotiations as well as disputes
  • Guidance on title problems, estate-related issues, or tenant complications

Working with a trusted Arkansas real estate lawyer ensures that your legal risks are adequately addressed and your transaction stays on track.

Choose RMP Law: Close With Confidence and Legal Peace of Mind

Selling a home in Arkansas isn’t just about finding a buyer—it’s about protecting yourself legally, both during and after the sale. At RMP Law, our team of real estate lawyers helps sellers avoid surprises, reduce liability, and close with confidence.

Whether you’re selling your family home, a rental property, or a house you’ve inherited, we’re here to make sure the process is smooth and legally sound.

Let RMP Law be your trusted legal partner, providing the guidance and advocacy you need to succeed. Contact us today! 

Main RMP Number: 479-443-2705


RMP Business Law Attorney Arkansas

Disclaimer:

The information provided on this website does not constitute legal advice. Instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information. Readers of this website should contact their attorney to obtain advice with respect to any particular legal matter.


Who Is RMP Law?

Thorough & Caring

RMP specializes in tackling complex legal problems with compassion and understanding.

Award-Winning

Nationally recognized and awarded for our work on complex estate planning and litigation.

Proven History

RMP has a history of proven results in significant matters across many areas of the law

Let Arkansas-Based Lawyers Help 

RMP Law is here to help

JOHNSON
5519 Hackett Street, Suite 300
Springdale, AR 72762

BENTONVILLE
809 SW A Street, Suite 105
Bentonville, AR 72712

JONESBORO
710 Windover Road, Suite B
Jonesboro, AR 72401

LITTLE ROCK
11601 Pleasant Ridge, #301,
Little Rock, AR 72212

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