Arkansas Home Solicitation Home Improvement Contract and Cancellation Notices

ARKANSAS HOME SOLICITATION HOME IMPROVEMENT CONTRACT

Before you use this: Use this form only if Arkansas's Home Solicitation Sales Act applies to the transaction. Check its definition and exceptions in §§ 4-89-102 and 4-89-103, including emergency repairs, preexisting credit arrangements, and sales by a seller making at least 75% of its sales at its local trade premises. Complete the price and payment schedule in this contract and explain them orally. Include no term that was absent from the oral sales presentation. Complete and give Buyer a signed contract copy and two attached, detachable state cancellation notices when Buyer signs; give oral cancellation notice too. Print both state notices in at least 10-point bold type. Arkansas excludes Sundays and its specified holidays from the three-day cancellation count; calculate the exact date on both copies. If the sale also meets the federal Cooling-Off Rule, attach the separate Federal Home Improvement Cancellation Addendum and its two federal notices. Federal and Arkansas notice wording and holiday rules differ. For work covered by Ark. Code Ann. §§ 4-75-1501–1502, give the written construction defect process notice below before work starts. For residential work on a home with four or fewer units, deliver the incorporated Arkansas lien notice to Owner before work starts by an authorized method.

Contract and transaction date: [DAY, MONTH, DATE, YEAR]

Buyer / homeowner: [FULL LEGAL NAME], [MAILING ADDRESS], [PHONE], [EMAIL]

Seller / contractor: [LEGAL BUSINESS NAME], [PERMANENT BUSINESS ADDRESS], [PHONE], [EMAIL]

Place of solicitation and signing: [ADDRESS OR DESCRIPTION]

Home to be improved: [STREET ADDRESS, CITY, COUNTY, ARKANSAS ZIP]

1. Work and materials

Contractor will perform the home improvement work described in signed Exhibit A. Exhibit A identifies each work area, materials and specifications, labor, exclusions, owner-supplied items, and cleanup. It is part of this contract.

Start date or condition: [DATE / CONDITION]. Target completion: [DATE / EVENT].

Permits and inspections: [IDENTIFY, AND STATE WHO OBTAINS AND PAYS].

Site access, protection, and disposal: [DETAILS].

A change in scope, price, materials, or schedule requires a written change order signed by both parties before changed work begins, except emergency work separately authorized in writing.

2. Price and payments

Total cash price, including all agreed charges: $[AMOUNT].

Down payment due on: [DATE OR EVENT] in the amount of $[AMOUNT / ZERO].

Unpaid balance after down payment: $[AMOUNT].

Sum of down payment and remaining payments: $[SAME TOTAL CASH PRICE].

Financing, interest, or other charges, if any: [EXACT TERMS / NONE]. The payment schedule above states each amount and due date needed to pay the balance in full.

3. Completion and warranty

At completion the parties will inspect the work and record any unfinished or disputed items in writing. Contractor will propose a correction schedule. Buyer's signature on a completion record confirms only the observations stated there.

Contractor's labor warranty: [COVERAGE, TERM, REMEDY, EXCLUSIONS / NONE OFFERED].

Manufacturer warranties to be delivered: [IDENTIFY / NONE].

4. Arkansas cancellation right and signatures

The Buyer may cancel this covered home solicitation sale until midnight of the third calendar day after signing, excluding Sundays and Arkansas holidays specified by law. Both completed copies of the statutory Notice of Cancellation below are attached for Buyer to detach. Seller has explained the cancellation right orally and has delivered a completed copy of this signed contract to Buyer.

Arkansas cancellation deadline entered on both notices: [DAY, MONTH, DATE, YEAR]

Exhibit A and any signed change orders attached: [IDENTIFY]

Buyer signature: __________________________ Date signed: [DAY, MONTH, DATE, YEAR]

Seller authorized signature: __________________________ Date signed: [DAY, MONTH, DATE, YEAR]

Seller signer name and title: [NAME, TITLE]

Two completed Arkansas cancellation notices and signed contract copy delivered on: [DATE, TIME, METHOD]

Arkansas construction defect process notice

For work on a preexisting single-family residence or its appurtenant property by a contractor covered by Ark. Code Ann. § 4-75-1501(6), Contractor gives Buyer this written notice before work begins under § 4-75-1502(g). For a construction defect found within one year after completion, an owner, tenant, or lessee who plans a civil action or arbitration against a covered home improvement contractor must first give a written claim describing the defect and its known results at least 28 days before starting the action, and allow an opportunity to repair or remedy it. The contractor must respond in writing within 14 days after delivery, proposing an inspection within a specified time, offering a remedy without inspection, or disputing the claim. After an inspection the contractor may offer a remedy or dispute the claim. The claimant may proceed without further notice if the contractor disputes, does not timely respond, fails to fulfill an accepted offer, or the claimant rejects an offer. An acceptance must be served within 30 days after the offer and provide reasonable work access; a fulfilled accepted offer bars an action for the claim identified in the notice. This process does not apply to the Attorney General's specified consumer-enforcement actions.

Notice delivered to Buyer on: [__/__/____] Method: [HAND DELIVERY / OTHER WRITTEN DELIVERY].

Buyer receipt (evidence of delivery): [________________________] Date: [__/__/____]

Arkansas residential lien notice to owner

For a home with four or fewer residential units, Contractor must give this exact notice to Owner, Owner's authorized agent, or Owner's registered agent by personal delivery or certified mail before work starts. This notice may be incorporated into this contract. Record the actual delivery method and date below; contract signing alone does not prove delivery. The recipient's signature is not required when delivery is by certified mail. A residential contractor that fails to give the notice cannot claim the construction lien benefit under Ark. Code Ann. § 18-44-115(a). Keep the notice conspicuous, in bold type and capital letters when signing or printing.

IMPORTANT NOTICE TO OWNER

I UNDERSTAND THAT EACH CONTRACTOR, SUBCONTRACTOR, LABORER, SUPPLIER, ARCHITECT, ENGINEER, SURVEYOR, APPRAISER, LANDSCAPER, ABSTRACTOR, OR TITLE INSURANCE AGENT SUPPLYING LABOR, SERVICES, MATERIAL, OR FIXTURES IS ENTITLED TO A LIEN AGAINST THE PROPERTY IF NOT PAID IN FULL FOR THE LABOR, SERVICES, MATERIALS, OR FIXTURES USED TO IMPROVE, CONSTRUCT, OR INSURE OR EXAMINE TITLE TO THE PROPERTY EVEN THOUGH THE FULL CONTRACT PRICE MAY HAVE BEEN PAID TO THE CONTRACTOR. I REALIZE THAT THIS LIEN CAN BE ENFORCED BY THE SALE OF THE PROPERTY IF NECESSARY. I AM ALSO AWARE THAT PAYMENT MAY BE WITHHELD TO THE CONTRACTOR IN THE AMOUNT OF THE COST OF ANY SERVICES, FIXTURES, MATERIALS, OR LABOR NOT PAID FOR. I KNOW THAT IT IS ADVISABLE TO, AND I MAY, REQUIRE THE CONTRACTOR TO FURNISH TO ME A TRUE AND CORRECT FULL LIST OF ALL SUPPLIERS AND SERVICE PROVIDERS UNDER THE CONTRACT, AND I MAY CHECK WITH THEM TO DETERMINE IF ALL MATERIALS, LABOR, FIXTURES, AND SERVICES FURNISHED FOR THE PROPERTY HAVE BEEN PAID FOR. I MAY ALSO REQUIRE THE CONTRACTOR TO PRESENT LIEN WAIVERS BY ALL SUPPLIERS AND SERVICE PROVIDERS, STATING THAT THEY HAVE BEEN PAID IN FULL FOR SUPPLIES AND SERVICES PROVIDED UNDER THE CONTRACT, BEFORE I PAY THE CONTRACTOR IN FULL. IF A SUPPLIER OR OTHER SERVICE PROVIDER HAS NOT BEEN PAID, I MAY PAY THE SUPPLIER OR OTHER SERVICE PROVIDER AND CONTRACTOR WITH A CHECK MADE PAYABLE TO THEM JOINTLY.

SIGNED:______________________________

ADDRESS OF PROPERTY: _______________

DATE:_____________

I HEREBY CERTIFY THAT THE SIGNATURE ABOVE IS THAT OF THE OWNER, REGISTERED AGENT OF THE OWNER, OR AUTHORIZED AGENT OF THE OWNER OF THE PROPERTY AT THE ADDRESS SET OUT ABOVE.

__________________

CONTRACTOR

Notice delivered to: [OWNER / AUTHORIZED AGENT / REGISTERED AGENT]

Method and date of delivery: [PERSONAL DELIVERY / CERTIFIED MAIL; DATE, TIME, TRACKING NUMBER IF ANY]

Detachable Arkansas Notice of Cancellation — copy 1

NOTICE OF CANCELLATION [DAY, MONTH, DATE, YEAR OF TRANSACTION] You are entitled to cancel the agreement or offer referred to above at any time prior to midnight of the third day, excluding Sundays and holidays, after the day you signed the agreement or offer. In the event you cancel, the seller must return to you (1) any payments made; (2) any goods or other property (or a sum equal to the amount of the trade-in allowance given therefor); and (3) any note or other evidence of indebtedness, given by you to the seller pursuant to or in connection with the agreement or offer. After cancellation, the seller is entitled to receive back from you at your address any goods previously delivered by him or her to you in substantially the same condition as delivered, providing he or she has returned any payments and goods or other property received from you, to the extent indicated above. If the seller does not call for his or her goods at your address within twenty (20) days after you give notice of cancellation, you may keep them as your own. TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE TO [SELLER LEGAL NAME] AT [SELLER BUSINESS ADDRESS] NOT LATER THAN MIDNIGHT OF [CANCELLATION DEADLINE: DAY, MONTH, DATE, YEAR] I HEREBY CANCEL THIS TRANSACTION [DATE] [BUYER SIGNATURE].

Detachable Arkansas Notice of Cancellation — copy 2

NOTICE OF CANCELLATION [DAY, MONTH, DATE, YEAR OF TRANSACTION] You are entitled to cancel the agreement or offer referred to above at any time prior to midnight of the third day, excluding Sundays and holidays, after the day you signed the agreement or offer. In the event you cancel, the seller must return to you (1) any payments made; (2) any goods or other property (or a sum equal to the amount of the trade-in allowance given therefor); and (3) any note or other evidence of indebtedness, given by you to the seller pursuant to or in connection with the agreement or offer. After cancellation, the seller is entitled to receive back from you at your address any goods previously delivered by him or her to you in substantially the same condition as delivered, providing he or she has returned any payments and goods or other property received from you, to the extent indicated above. If the seller does not call for his or her goods at your address within twenty (20) days after you give notice of cancellation, you may keep them as your own. TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE TO [SELLER LEGAL NAME] AT [SELLER BUSINESS ADDRESS] NOT LATER THAN MIDNIGHT OF [CANCELLATION DEADLINE: DAY, MONTH, DATE, YEAR] I HEREBY CANCEL THIS TRANSACTION [DATE] [BUYER SIGNATURE].

Official sources

• Arkansas Official Code release, Title 4, Chapter 89. The Legislature's amended-section indexes for 2013–2026 list no § 4-89 changes.
• Arkansas Labor Department, residential lien notice, § 18-44-115(a); Act 984 of 2021, § 1.
• Arkansas Attorney General, Home Solicitations, for state consumer guidance.
• 16 C.F.R. Part 429, for the federal notice route when applicable.