TL;DR: Yes, dual agency is legal in Arkansas, but the Arkansas Real Estate Commission requires written consent from both seller and buyer no later than the signing of the listing, agency or purchase contract (17 CAR § 220-803(a)). Zillow found same-agent dual agency in 4.7% of the U.S. sales it analyzed from 2023 through December 2025. As the seller, you give up an agent who advocates for you alone, and the agreement you sign sets how far that loyalty is limited.
Is Dual Agency Legal in Arkansas, and What Does Written Consent Require?
A common assumption among sellers is that when the listing broker also brings the buyer, nothing changes except that one firm collects both sides of the fee, and the law has no opinion. The Arkansas Real Estate Commission's guidance refutes that. Its agent-representation page says dual agency 'most frequently occurs when a Real Estate Agent or Agents within the same real estate firm' represent both parties, and that 'Both Seller and Buyer must have given their written consent to such dual representation.' The same page warns that 'a possible conflict of interest may exist in this type of representation.'
Andrea Alford, the Commission's Deputy Executive Director, adds in her House to House column, distributed weekly by the Arkansas REALTORS® Association, that an agent 'can't really operate as a dual agent without first making the appropriate disclosures and obtaining both parties' consent.' She says the forms 'allow the parties to provide their consent to dual agency.' Arkansas real estate license law sits in Title 17, Chapter 42, and the Commission's rules are in 17 CAR § 220. Ark. Code § 17-42-108(a)(2) allows a licensee to represent more than one party subject to the Commission's rules, and 17 CAR § 220-803(a) requires written consent from all parties to the dual representation no later than the signing of the listing, agency or purchase contract.
For you, that means dual agency is lawful but conditional. The consent rule is statewide, so it applies the same way in Bentonville as in Fayetteville: when you sell your home anywhere in Arkansas, without your signed consent there is no valid dual agency.
How Common Is It When One Agent Represents Both Sides?
A second assumption is that this is an oddity you will probably never meet. The best neutral number is narrower than the question, so read it carefully. Zillow analyzed more than 15 million U.S. home transactions from 2023 through December 2025 and reported that 'dual agency transactions accounted for 4.7% of the sample.' About 6.8 million of those transactions met its inclusion criteria for the dual agency analysis.
Two cautions apply. First, Zillow defined dual agency as 'having the same individual agent represent both the buyer and the seller.' That counts same-agent deals, not every deal where two agents at one brokerage split the sides, so it understates what the Commission calls dual agency. Ask your listing broker how often the firm itself has represented both sides. Second, the figure is national (Zillow, sales through December 2025), not an Arkansas count.
So the assumption that this is rare holds only loosely. 4.7% (2023 through December 2025, national) is a floor for same-agent deals, not a ceiling for same-firm deals. If your listing broker mentions a buyer from the same firm, expect the question and have your answers ready before the offer arrives.
What Does a Seller Give Up When One Brokerage Represents Both Sides?
Andrea Alford's column is specific: 'A dual agent cannot share information about the seller or buyer's motivations or price thresholds.' Read that from the seller's side. In a standard listing, your agent knows your timeline and your lowest acceptable price and works with that knowledge on your behalf. In dual agency, the firm holds the same kind of information from the buyer. By statute, an agent must refrain from disclosing a client's confidential information (Ark. Code § 17-42-316(b)(2)(J)), and clients who consent to dual agency may contractually waive the agent's duty of absolute fidelity (§ 17-42-316(b)(1)(B); 17 CAR § 220-803(c)). The written agreement you sign, usually an Arkansas REALTORS® Association form, sets how far the firm's loyalty to you is limited, so read that paragraph before consenting. That is the conflict of interest the Commission's page flags.
Two other rules help you test the arrangement. A licensee must see that the exact agreement of the parties is in writing (17 CAR § 220-1009(a)(1)), and written agency agreements need a specific duration or expiration date (220-1002(a)). Principal brokers must strictly supervise their licensees (220-1003(b)(2)), so ask which principal broker is responsible for both files. If you have not signed a listing yet, ask how the firm handles in-house buyers before you choose a brokerage.
For you, the cost is not a fee. It is that the person you hired can no longer press your price position, and you should weigh that against any convenience of a buyer already in hand.
How Does the NAR Settlement Change What You Should Ask?
The National Association of REALTORS says its settlement practice changes 'went into effect on August 17, 2024.' Agents using an MLS 'will be required to enter into written agreements with buyers before touring a home,' for both in-person and live virtual tours. Compensation must be 'objective' and 'not open-ended.' NAR also says agent compensation is 'fully negotiable' and that broker fees and commissions are 'not set by law.'
The practical result is that a brokerage bringing a buyer to your listing should already hold a signed agreement with that buyer. That document shows how the firm is paid on the buyer side. The Arkansas Realtors Association develops the transaction forms most commonly used in the state, and the Commission notes you may be asked to sign an Agency Representation Disclosure Form. That is a separate document from the buyer agreement, and both are worth reading.
For you, the settlement gives you a legitimate reason to ask to see the buyer agreement and the compensation terms before you consent to anything.
What Should You Do With These Numbers?
- Before any offer arrives, read your listing agreement for its expiration date (17 CAR § 220-1002(a)) and check whether it mentions dual agency.
- Read the Agency Representation Disclosure Form, which records whom the agent represents, and the dual agency consent paragraph in your listing agreement and the purchase contract; consent must be in writing from both sides, so you may decline.
- Ask to see the buyer's written agreement with the brokerage, which NAR's settlement rules require of agents using an MLS since August 17, 2024, and the compensation terms in it.
- Ask which principal broker supervises both agents and how the firm keeps your price position separate from the buyer's.
- Until you decide on consent, keep your motivations and lowest price to yourself. The Commission says a dual agent cannot share them, but you control what is said.
Frequently Asked Questions
Is dual agency legal in Arkansas?
Yes, dual agency is legal in Arkansas when both seller and buyer give written consent. Ark. Code § 17-42-108(a)(2) allows a licensee to represent more than one party subject to Commission rules, and 17 CAR § 220-803(a) requires written consent from all parties no later than the signing of the listing, agency or purchase contract. The Commission warns that a possible conflict of interest may exist.
Can my listing agent tell the buyer my lowest price in dual agency?
No. The Arkansas Real Estate Commission says a dual agent cannot share information about the seller's or buyer's motivations or price thresholds, and the written dual agency terms you sign set the remaining limits (Ark. Code § 17-42-316(b)(2)(J)). That limit protects both sides, but it also means the firm cannot negotiate for your price position alone, so decide before consenting what you are comfortable with.
Do I have to agree to dual agency if my listing broker brings a buyer?
No. The Commission says both seller and buyer must give written consent before an agent can act as a dual agent. Check your listing agreement first: Arkansas REALTORS® Association listing forms include a dual agency consent, so you may already have agreed in writing when you listed. If you have not consented, the arrangement cannot proceed as dual agency. Read the disclosure form before signing.
What did the NAR settlement change for sellers?
NAR's settlement practice changes, effective August 17, 2024, require agents using an MLS to sign a written agreement with a buyer before touring a home. NAR also says compensation must be objective and not open-ended, is fully negotiable, and is not set by law. Sellers can ask to see the buyer agreement.
If one brokerage is about to represent both sides of your sale, Mason Capital Group will review your listing agreement and the agency disclosure form with you in a first conversation and give you a written list of questions to put to your listing broker before you consent. Call Cameron Torabi, Principal Broker, Mason Capital Group Real Estate Investment & Trust, at 479-925-3333.
About the author: Cameron Torabi, Principal Broker — Mason Capital Group. 30+ years of Northwest Arkansas real estate expertise; $2.4B+ in cumulative transaction activity (estimated).
Figures in this article are drawn from the Arkansas Real Estate Commission's Agent Representation page (undated; fetched October 29, 2026) and the House to House column by Andrea Alford, AREC Deputy Executive Director, distributed weekly by the Arkansas REALTORS® Association (column undated; fetched October 29, 2026); Arkansas Real Estate License Law, Ark. Code Title 17, Chapter 42 (AREC compilation, August 2025); the 2026 AREC Rules, 17 CAR § 220 (2026); the National Association of REALTORS settlement facts page (effective August 17, 2024); and a Zillow Group press release (published May 14, 2026, covering sales from 2023 through December 2025).