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Practice Of Real EstateLicense_lawHARD

Donna is a licensed Arkansas real estate agent who recently began selling timeshare interests at a resort development in the Ozarks. The timeshare developer told Donna she does not need to do anything differently because her existing real estate license covers all timeshare sales. Under the Arkansas Timeshare Act (Ark. Code Ann. § 18-14-101 et seq.) and AREC rules, which of the following is most accurate?

Correct Answer

C) Donna's active Arkansas real estate license is required to sell timeshares, but the timeshare project itself must also be registered with AREC before sales may begin.

Under the Arkansas Timeshare Act (Ark. Code Ann. § 18-14-101 et seq.), agents selling timeshare interests in Arkansas must hold an active Arkansas real estate license—so Donna's existing license is necessary and sufficient for her personal authority to sell. However, the developer's statement is incomplete because the timeshare project itself must be registered with AREC before any sales may legally commence. Both conditions must be satisfied: the agent must be licensed and the project must be registered with AREC.

Answer Options
A
The developer is correct; an active Arkansas real estate license is all that is required to sell timeshare interests in Arkansas.
B
Donna needs a separate timeshare salesperson license issued by the Arkansas Department of Tourism.
C
Donna's active Arkansas real estate license is required to sell timeshares, but the timeshare project itself must also be registered with AREC before sales may begin.
D
Donna must obtain a federal timeshare registration certificate before selling any timeshare interests in Arkansas.

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Related Topics & Key Terms

Key Terms:

timesharearec_registrationlicense_requirementsarkansas_timeshare_act

Related Concepts

Market allocation is an illegal antitrust practice in which competing real estate brokerages agree to divide markets among themselves by geographic area, property type, or price range, thereby eliminating competition.

Price fixing is an illegal antitrust practice in which competing real estate brokerages agree to charge the same commission rates, fees, or other pricing for their services. It is a per se violation of the Sherman Antitrust Act.

Florida brokers are required to maintain transaction records and escrow records for a minimum of five years.

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