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Arkansas Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Arkansas on
Q: Landlord sold house I'm renting, lease not expired, being asked to sign new lease.

I have rented a house for 6 or 7 years, SECOND time property has been sold without being offered to me. Last landlords did not even tell me about it, got a 1 day notice on my door to pay this month or the new owner (the bank) will change my locks & dispose of all my property). I already sent a... Read more »

Nick Henry
Nick Henry answered on Mar 31, 2020

This question was posted in Arkansas Real Estate but from Kansas City, MO, my answer is based on assumption this real estate is located in Arkansas.

There is no duty of the prior owner to offer the property for sale to the tenant so there is no violation as to that matter.

As to...
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1 Answer | Asked in Real Estate Law for Arkansas on
Q: I've played my landlord a whole years rent up front... Been there 2 months and I can't stay... Will I get my money back
Nick Henry
Nick Henry answered on Mar 30, 2020

Arkansas does not have any statutes that relate to prepaid rent. That being said, if the reason for not being able to stay in the lease is related to military, you may have protection for refund through the Servicemembers Civil Relief Act. You could also be able to offset any prepaid rent if lease... Read more »

1 Answer | Asked in Real Estate Law for Arkansas on
Q: What are my legal rights when it comes to trespassing? The sheriff department tells me it's a civil matter

Person has been told to stay off property yet continues to trespass and attempts to alter my property

Paul Dumas
Paul Dumas answered on Mar 15, 2020

It sounds like the dispute you're describing is with your neighbor who owns land that borders yours. If so, and the situation can't be resolved, you will have to file an action in circuit court requesting an order confirming the exact location of the property lines in dispute. These cases are... Read more »

1 Answer | Asked in Real Estate Law for Arkansas on
Q: We have forested property in Arkansas that is in trust, has an easement on two properties going to our land.

The same easement is recorded on our deed and the other two deeds. My father was unable to drive the last 10-12 years and was unable to go to the property. Other family members did not travel to property either. The two property owners where easement is assigned going to our property have the road... Read more »

Paul Dumas
Paul Dumas answered on Mar 14, 2020

Your situation is not uncommon and the answer depends on many factors. Among the most important considerations are the type of easements held by each landowner, whether the roadway at issue is the only egress and ingress onto the property, the length of time the roadway has been in existence,... Read more »

1 Answer | Asked in Real Estate Law for Arkansas on
Q: We have a contract in AR to build a new home. The builder will be late. Any recourse to recover expenses due to the

Contract states "The Closing of the sale of the real property (the “Closing”) shall occur on or before January 15, 2020 or at such other date as may be mutually agreed upon by Buyer and Seller (the Closing Date)." The builder has informed us they will not be ready on the 15th and may not be... Read more »

Jarred Kibbey
Jarred Kibbey answered on Jan 12, 2020

You may have potential recourse depending on other provisions in the contract and the cause of the delay. Some contracts include financial penalties for missing closing dates, so you should review other sections of the contract. Barring any specific language in the contract for penalties, the... Read more »

1 Answer | Asked in Real Estate Law for Arkansas on
Q: I live in AR. I purchased land from a lady who now refuses to transfer deed into my name.

I have lived on the property for 4 and a half years. Once i had paid her the asking price in full (approximately 2 yrs ago) thats when she informed me of her desire to "keep that land in my family and give it to my grandson upon my death". But i paid her in full. Ive known her my entire life and... Read more »

Vincent Gallo
Vincent Gallo answered on Nov 27, 2019

Her tendering the deed to you is instrumental in effectuation for the transfer, so as of yet you didn’t purchase the property.

1 Answer | Asked in Real Estate Law for Arkansas on
Q: A house with my name of the deed was secretly sold without my consent.

Want do I do next?

Vincent Gallo
Vincent Gallo answered on Nov 15, 2019

Alert the local prosecutor’s office.

2 Answers | Asked in Estate Planning, Real Estate Law, Probate and Landlord - Tenant for Arkansas on
Q: My brother and I are listed as his and her on the deed to our land. The language doesn’t read right to survivorship.

I am needing to remove him from the deed, but I am wanting to avoid probate. Is there anyway around it?

Vincent Gallo
Vincent Gallo answered on Oct 30, 2019

Only he can convey out his interest in the real estate.

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1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Landlord - Tenant for Arkansas on
Q: I have recieved a code 18-60-304 demanding I leave in 3 days but can not. If I'm not out by the end of the 3 days isnt

That when the sheriff will be called and he will put a 3 day vacate notice? I can be out by then just not the original 3 days posted by apartment complex

Patrick R. Lee
Patrick R. Lee answered on Sep 6, 2019

This notice is simply the first step a landlord must complete before they file a lawsuit in Court to have you evicted. The sheriff can not and will not do anything until they have a writ of execution from the Court, which is the document that commands the sheriff to forcibly remove you from the... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law, Collections and Probate for Arkansas on
Q: How do I pay my deceased mom's debts?

My mom recently passed and I don't have the money pay her debts until/unless I can sell her house. I know her estate is fits within the guidelines of a small estate. I have 3 other siblings too. I'm just not sure of the process in Arkansas.

Brandon M Haubert
Brandon M Haubert answered on Aug 28, 2019

You most likely need to speak to a lawyer. Even if the house fits, you may have issues with title once you try to sell. A lot of title companies will require the house to be probated even if it fits within the small estate guidelines.

You should speak to a lawyer about the debts owed and...
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1 Answer | Asked in Real Estate Law for Arkansas on
Q: Easement question

I want to buy a bank owned foreclosed property. The land is landlocked. Do I need an easement to use existing driveway? If so how do I get one? The home was owned by the owner of the surrounding property. I'm told she didn't have and will not give an easement.

Patrick R. Lee
Patrick R. Lee answered on Aug 28, 2019

I'm confused because you're saying the property is landlocked, but there is an existing driveway. It could be possible to get an easement by necessity if your property truly does not have any means of ingress.

If there's an existing driveway, the easement may already technically exist....
Read more »

1 Answer | Asked in Criminal Law and Real Estate Law for Arkansas on
Q: If I have a misdemeanor charge for theft that is being expunged will this still bar me from getting a realtor license?

I haven’t started the process yet for my expungement, but I am in the process of trying to find a lawyer to do so, it’s a Misdemeanor A Theft.

James E Hensley Jr
James E Hensley Jr answered on Aug 27, 2019

Once the charges are expunged you the charge will not show up on your record with the state of Arkansas; however, there are other websites that record you being charged. They rarely receive notice of the expunged record. You might need to send them a copy of the file marked expunge order.... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Arkansas on
Q: What are my options about finding out a place has termite damage when the contract says it doesn't.

Bought a house and closed last Friday. Started renovating the master bath and found extensive termite damge and plain as day visible signs that they had termites. It's obvious someone knew about this issue at some point becaust they had the house treated and the termites aren't in the house... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 24, 2019

Although I have not had a chance to review all the documents involved in the purchase and sale referred too it appears to me that you may be miss-interpreting the contract with respect to the existence--vel non--of termites. Unless the

contract(s) specifically say there is no termite...
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1 Answer | Asked in Real Estate Law for Arkansas on
Q: Can you sell your percentage of property if you are a joint owner ?
Patrick R. Lee
Patrick R. Lee answered on Jul 31, 2019

You can, but you're selling an "undivided interest," and I can't imagine why anyone would want to buy one. If you own a third of the property, you don't own 1/3 of the land, you have a 1/3 interest in all of the land. So, you'd have just as much right to possess the property as the people owning... Read more »

1 Answer | Asked in Real Estate Law for Arkansas on
Q: Can I sell my home directly to a person in Arkansas or is a realtor required?
Patrick R. Lee
Patrick R. Lee answered on Jul 23, 2019

A realtor is not required, but you will need to draft a deed of some sort to actually convey the property and its best to put your agreement in writing.

2 Answers | Asked in Real Estate Law for Arkansas on
Q: Can I sell directly to a person, without a realtor?
Vincent Gallo
Vincent Gallo answered on Jul 20, 2019

I can’t see any reason you can’t.

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1 Answer | Asked in Real Estate Law for Arkansas on
Q: If property is in husbands name and daughters....at his death does his part pass to his daughter or to his widow
Vincent Gallo
Vincent Gallo answered on Jul 4, 2019

The language in the deed, as well as the terms of his will, will provide the answer.

1 Answer | Asked in Estate Planning, Family Law, Immigration Law and Real Estate Law for Arkansas on
Q: Where do I start

I am freaking out about my family .. ALL of my family. I'm worried about where everyone is and what exactly has happened to all of us. I gotta figure out the money thing so that I can get funding to my family that is locked up.

Rehim Babaoglu
Rehim Babaoglu answered on Jun 21, 2019

Your Q is unclear. Are your family members in US ICE custody and facing deportation proceedings?

1 Answer | Asked in Bankruptcy, Foreclosure and Real Estate Law for Arkansas on
Q: Can a bankruptcy stop a foreclosure/ eviction after it has been lost?

I have a (trailer) renter who was being faced with foreclosure back in may and lost. Well in June the same renter filed for bankruptcy. Now the mortgage company won't come for the trailer since it's in bankruptcy. Is there anything I can do?

Timothy Denison
Timothy Denison answered on Jul 11, 2018

No. It might slow it down temporarily, but only temporarily, especially where the property has already been lost.

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