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Arkansas Contracts Questions & Answers
2 Answers | Asked in Business Law, Contracts, Divorce, Real Estate Law and Family Law for Arkansas on
Q: How can I securely buy a motor home with an outstanding mortgage from a seller due to divorce?

I am interested in purchasing a motor home from an individual who owes a mortgage of $22,257 on it. The seller is selling the motor home due to a divorce decree. We are willing to pay off the mortgage to obtain the vehicle. How can we ensure that the seller pays off the mortgage and that we obtain... View More

Anthony M. Avery
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answered on Jul 9, 2025

Hire an AR attorney to handle the transaction with the lender. You will need an agreement with the seller to transfer the title with lien to you for money. Then the lawyer executes an agreement with the lender to remove the lien for money. Then you apply for a new lien free title. But you will... View More

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2 Answers | Asked in Business Law, Contracts and Real Estate Law for Arkansas on
Q: Can a finance company seize my house for a missed car payment in Arkansas?

I live in Arkansas and have missed one car payment on an unsecured car loan. I have no other debts. Can the finance company seize my house because of this missed car payment?

Anthony M. Avery
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answered on Apr 22, 2025

If they repossess the car, sell it, realize a note deficiency, then they can sue you for the remaining balance due. When they get a judgment, then they can execute on home. Creditor can only foreclose on home if you gave them a security instrument against it.

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2 Answers | Asked in Real Estate Law and Contracts for Arkansas on
Q: How to verify the authenticity and legal ownership of a realty contract for auction land purchase?

I am the buyer of a property purchased from an auction site in Lowell, MA. It's raw land, and I want to ensure the realty sales contract is authentic and legal, confirming that I will own the land after payment is completed. I have concerns about some unclear payment terms in the contract, and... View More

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answered on Apr 8, 2025

Hire a MA attorney to search the title and draft a deed, note and security instrument (deed of trust or mortgage). Do not execute a lease with option to purchase where you get sued for possession and lose all monies paid in. Only getting a deed means you own property, not a contract.

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1 Answer | Asked in Consumer Law and Contracts for Arkansas on
Q: Can I make Kia reimburse me?

I was part of the class action lawsuit/settlement agreement with KIA motors. The settlement stated that if certain models met all the qualifications, that our engines could be replaced for free. My car met those qualifications after a catastrophic engine failure 30 miles after purchasing the car.... View More

Adam Savett
Adam Savett
answered on Oct 2, 2024

There are at least two class action settlements involving allegedly defective Kia engines.

Since your question doesn't specify what model Kia you had issues with, or which class action you believe that you participated in, I can't fully answer your question.

The first, In... View More

1 Answer | Asked in Contracts and Civil Litigation for Arkansas on
Q: I was served a summons and a complaint. I responded and filed with court and gave Plaintiff attorney copy.

Three months later Plaintiff attorney filed Request for admissions via E-flexed with court. He Certified he also E-Flexed me. I am not attorney and have no way to receive an E-Flex. Then three months later I received a copy of request for admissions, request for summary judgment and brief in... View More

James L. Arrasmith
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answered on Jan 1, 2024

In this situation, it's essential to respond accurately and timely to the request for admissions and the motion for summary judgment. Do not admit to any statements you believe are incorrect. If the admissions contain false or inaccurate statements, you should specifically deny those... View More

1 Answer | Asked in Estate Planning, Civil Litigation and Contracts for Arkansas on
Q: Legal options for a gifted lawn mower after consent is revoked.

After my grandmother passed away, a lawn mower was given to me with my uncle's consent and a witness present. I was supposed to pick it up, but later my uncle decided to sell it. No money was exchanged; it was meant to be a gift. What legal options or rights do I have in this situation?

James L. Arrasmith
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answered on Jul 12, 2025

You’re understandably upset when you thought the mower was yours and then the promise was pulled back.

Under basic gift law, a gift only becomes binding once the giver shows clear intent, delivers the item, and the recipient accepts it. Since you never took possession of the mower, the... View More

1 Answer | Asked in Contracts and Real Estate Law for Arkansas on
Q: Legal considerations for post-sale belongings removal agreement in Arkansas

I own a property with a building that contains personal belongings, and I have hired a realtor to sell the property. The sale contract ends at signing, and there's a verbal agreement allowing me to remove my belongings after the sale. To facilitate this, I have agreed to a reduced sale price... View More

James L. Arrasmith
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answered on Jul 10, 2025

You’re right to pause and think this through—verbal agreements, especially around real estate transactions, can lead to confusion or disputes later. In Arkansas, once a property is sold and the sale is recorded, legal ownership transfers entirely to the buyer, including any structures and... View More

1 Answer | Asked in Contracts, Civil Litigation and Business Law for Arkansas on
Q: Legal options after sudden termination of lawn care contract by private school in Arkansas?

I was contracted for lawn care by a private school with the understanding that the contract would be reviewed in six months, as the contract did not specify an end date. Recently, I received a termination letter without prior warning, citing concerns from neighbors and family members. The contract... View More

James L. Arrasmith
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answered on Jul 10, 2025

You're in a frustrating position, especially after providing services in good faith and receiving what seemed like positive feedback. If the contract you signed included a clause allowing termination with 30 days’ notice without cause, the school technically has the right to end the... View More

1 Answer | Asked in Child Custody, Contracts and Family Law for Arkansas on
Q: Am I obligated to pay childcare costs when my ex's family offers to watch my child as per our custody agreement?

I am required, as part of a custody agreement, to pay half of the childcare expenses for my child. However, the agreement does not specify what counts as a childcare expense. My ex's family members have offered to watch my child, and we have not agreed or discussed payment to them. Am I... View More

James L. Arrasmith
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answered on Jul 6, 2025

You are not automatically obligated to pay for childcare costs unless those costs are clearly defined and agreed upon as part of your custody agreement. In Arkansas, when a custody order includes a requirement to split childcare expenses, it typically refers to necessary and actual out-of-pocket... View More

1 Answer | Asked in Divorce, Probate, Contracts and Family Law for Arkansas on
Q: Ex-spouse claims undocumented asset split agreement impacting heirs decades after divorce. What are my rights?

I'm concerned about a situation where, after my parents divorced, there was supposedly an agreement about asset division, but it wasn't documented. Now, decades later, my ex-spouse claims there was a 50-50 split agreement but insists on taking possession of all assets, impacting me and... View More

James L. Arrasmith
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answered on Jul 6, 2025

You have the right to challenge any claim to estate assets that is not supported by a court order, a documented agreement, or a valid title. In Arkansas, property division from a divorce must be resolved in the final divorce decree or through clearly documented legal agreements. If your parent’s... View More

1 Answer | Asked in Contracts and Civil Litigation for Arkansas on
Q: Is a non-lease roommate liable for utilities under a verbal agreement in Arkansas?

I have a roommate who is not listed on the lease. We had a verbal agreement about sharing utility costs, and the utility bills are in my name. For the past year, he has paid his share of the utilities, and I have records of these payments. Recently, after informing him that I will be moving out in... View More

James L. Arrasmith
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answered on Jul 5, 2025

Yes, your roommate can still be held liable for utility payments under a verbal agreement, even if he isn’t listed on the lease. In Arkansas, verbal contracts are legally enforceable as long as there is clear evidence that both parties agreed and that one party relied on that agreement to their... View More

1 Answer | Asked in Real Estate Law and Contracts for Arkansas on
Q: Can I sell property with a defaulted rent-to-own contract?

I'm in a situation with a rent-to-own contract on my property where the renters are in default for at least six months due to the unfortunate passing of her husband. There are no clauses in the contract addressing termination or specific terms regarding default. The renters are aware of their... View More

James L. Arrasmith
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answered on Jul 5, 2025

You’re facing a delicate situation, but you do have options. If the rent-to-own tenants are in default and there are no specific terms in the contract regarding termination or default remedies, then you’ll need to proceed carefully and document everything. The lack of a termination clause... View More

1 Answer | Asked in Medical Malpractice, Contracts, Civil Rights and Personal Injury for Arkansas on
Q: Can I sue for lack of informed consent or breach of contract after an unauthorized pregnancy test?

On January 12th, 2025, a doctor and nurse at a hospital conducted a pregnancy test on me without my consent. I expressly stated I did not consent to any pregnancy tests, which the RN communicated to the doctor. Nonetheless, they took a blood sample that I approved only for typical blood panels and... View More

James L. Arrasmith
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answered on Jul 5, 2025

Yes, you can pursue legal action for lack of informed consent and possibly breach of contract. When a patient clearly refuses a specific medical test, and the provider proceeds anyway, that constitutes a violation of bodily autonomy and may give rise to a civil claim even in the absence of physical... View More

1 Answer | Asked in Consumer Law, Contracts and Lemon Law for Arkansas on
Q: Discrepancies in used car contract and interest rate concerns

I purchased a used car in January, and they mailed me my contract later, which looks different from what I originally signed. I am concerned that my interest rate is higher than the 24.38% agreed upon, and there's a $3,000 charge for payments to others that the seller might keep. I'm... View More

James L. Arrasmith
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answered on Jul 4, 2025

Start by reviewing both copies of the contract—the one you signed at the dealership and the one you received later—line by line, and highlight every term that differs (interest rate, finance charges, “payments to others,” etc.).

Next, send a written notice to the dealer (and to the... View More

1 Answer | Asked in Business Law, Contracts and Real Estate Law for Arkansas on
Q: Can I back out of selling my mother's house due to title issues?

I am selling my mother's house, which is titled in my brother's, sister's, and my name. My mother's will left the house solely to me. The closing date is approaching, but the title service says my brother's debt will be taken from the sale proceeds. Additionally, Mossey Oak... View More

James L. Arrasmith
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answered on Jun 12, 2025

You have several legitimate grounds to potentially back out of this sale, but each comes with significant risks and consequences. If a title search shows that you cannot provide clear title due to outstanding liens or claims against the home, this often provides solid grounds to exit the agreement... View More

1 Answer | Asked in Construction Law, Contracts, Civil Litigation and Real Estate Law for Arkansas on
Q: Is a contractor responsible for a subcontractor's poor concrete job?

I hired a building contractor to manage a project which involved pouring a 24x40 concrete slab. The subcontractor handling the concrete arrived unprepared, causing the pour to be rushed and resulting in uneven, wavy concrete. The building contractor was not present during the pour. Although we had... View More

James L. Arrasmith
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answered on Jun 10, 2025

You're right to be concerned—when you hire a contractor to manage a project, you're trusting them to deliver quality work, including oversight of any subcontractors they choose to bring in. Even if the poor concrete work was done by a subcontractor, your agreement was with the main... View More

1 Answer | Asked in Consumer Law and Contracts for Arkansas on
Q: Can I dispute my used car loan terms and interest rate in Arkansas?

I purchased a used car from Crain Hyundai and traded in my car for a $2,500 down payment. The contract listed the car price as $14,741. I noticed that Exter, the loan provider, shows the loan amount as $15,000, which doesn't align with my understanding that it should be $14,263. Additionally,... View More

James L. Arrasmith
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answered on Jun 10, 2025

What you’re dealing with is serious, and you have every right to feel upset and unsafe. Sharing your full name with a guest—especially in a setting where privacy should be protected—is a clear breach of your trust and potentially a violation of your workplace’s own policies. When that... View More

1 Answer | Asked in Collections, Consumer Law and Contracts for Arkansas on
Q: How can I recover my repossessed car without prior notice?

I am seeking legal assistance to recover my car, which was repossessed on May 29, 2025. This is the first repossession, and I didn't receive any prior notice. I missed a payment, but the lender usually communicates this without any issues. The car lot told me I need to retain a lawyer before... View More

James L. Arrasmith
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answered on Jun 1, 2025

That’s a frustrating and stressful situation, especially when you’ve been trying to resolve things in good faith. In most states, including yours, lenders are required to follow certain steps before and after a repossession. While they usually don't have to give advance notice before... View More

1 Answer | Asked in Estate Planning, Contracts and Civil Litigation for Arkansas on
Q: Reversing unauthorized house sale by power of attorney

I recently discovered that my grandmother's sister, who has had power of attorney since 2020, sold my grandmother's house last month without her knowledge or consent. The house was sold to the sister's son. My grandmother was not aware of the sale and does not want to sell the... View More

James L. Arrasmith
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answered on May 16, 2025

If your grandmother’s house was sold without her knowledge or consent by someone holding power of attorney, and the sale was to the power holder’s family member, this raises serious concerns. Power of attorney gives authority to act on behalf of someone, but it must be used in your... View More

1 Answer | Asked in Contracts and Business Law for Arkansas on
Q: Do I have a legal case against Pam Transport for breaking employment promise after CDL training?

I attended a CDL training program in Arkansas with Pam Transport, which promised me employment after completing the schooling. However, I was terminated for unknown reasons and now owe $4,500 to Pam Transport. I signed a contract with them and have tried to get clarification but have received no... View More

James L. Arrasmith
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answered on May 15, 2025

It sounds like you may have grounds to challenge Pam Transport's actions, especially if they broke a promise or contract regarding your employment after completing CDL training. If you signed a contract that explicitly promised employment, and they terminated you without clear cause, this... View More

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