agency

Absolute Fidelity (Arkansas)

The primary duty an Arkansas licensee owes a client once employed, under Ark. Code §17-42-316. It includes reasonable efforts and care, performing the written agency agreement, following lawful instructions, loyalty, disclosing known material facts unless confidential, advising expert help, prompt accounting, and keeping confidential information confidential, including from licensees who are not the client's agent. These core duties cannot be waived by the client, and confidentiality survives the end of the agency.

Exam tip
Name the primary duty 'absolute fidelity.' Any answer saying a client can waive the §17-42-316 duties in writing is wrong.
Example
A buyer tells his agent to write that he is preapproved when he is not. That is not a lawful instruction, so the agent must refuse it.

Related terms & state variants

Sources

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Last verified: 2026-10-23