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Arkansas Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Arkansas on
Q: A property listing in my area is for sale. I spoke with the Owner and he says he doesnt have a deed. Can he sell it?

It will be a cash sale just seems risky without a title company or even a deed

Vincent Gallo
Vincent Gallo answered on Oct 17, 2020

A deed is the document that shows ownership of real estate.

1 Answer | Asked in Real Estate Law for Arkansas on
Q: My father wants to deed me a house he bought before his new marriage title co says new wife has to sign off she won’t

Does a prenup help with that if she won’t sign? We are in Arkansas

Anthony M. Avery
Anthony M. Avery answered on Oct 16, 2020

If the property is titled in your Father's name, he can convey to you by Deed. The marital status may or may not cloud your title, but he can still execute and deliver a Deed. Get a competent attorney to search the title and draft an enforceable Deed. What you may be worried about is... Read more »

1 Answer | Asked in Civil Rights and Real Estate Law for Arkansas on
Q: How do I sell my house if the co owner (bf) doesn’t want to sell it? I am the only one on the loan.
Anthony M. Avery
Anthony M. Avery answered on Oct 16, 2020

If there is enough equity in the home to justify a sale, then you will have to file an Action for a Partition Sale. Hire a competent attorney.

1 Answer | Asked in Real Estate Law for Arkansas on
Q: how to do a adverse possession do l need a lawyer to do it
Anthony M. Avery
Anthony M. Avery answered on Oct 9, 2020

Hire a competent attorney for a consultation on what you need to do as an adverse possessor. You will be taking a large risk, but you might take ownership of valuable property. Taxes will also be important. And adverse possession usually only involves what you actually possess, unless you... Read more »

1 Answer | Asked in Real Estate Law for Arkansas on
Q: Property in our dad's name. He died in 1990s. He was married to our mother. How do we change to our mother's name?

There was no Will.

Anthony M. Avery
Anthony M. Avery answered on Oct 8, 2020

More than likely the heirs at law own the property. That would be the Surviving Spouse and the Children as Tenants In Common. You could file an Affidavit of Heirship to record to the World what your alls source of title is. It would be better to hire a competent attorney to advise you.

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Arkansas on
Q: My grandmother died and I’m the only grandchild her husband is selling the house I haven’t received anything

She worked for the state for 30 years plus and had a diamond account and the shared a home with him me she always told me she had a inheritance for me but she died unexpectedly with out a will

Dustin A. Duke
Dustin A. Duke answered on Jul 23, 2020

First, I am sorry for your loss. I am assuming that your grandmother passed away in Arkansas and that Arkansas laws apply to your situation. If your grandmother died without a will any property that is included in her probate estate would be divided between her surviving spouse (assuming that... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Arkansas on
Q: My grandma passed away in 2018 she owned a house and my dad passed away in 2016 so would that mean the house is left to

Me or would it be left to my dads sister cause she’s telling me I need to sign papers so she can sell it this is in the state of Arkansas please help I need to know what I can do and what my options are

Vincent Gallo
Vincent Gallo answered on Jun 20, 2020

Your grandmother’s will shall determines who inherits the real estate.

1 Answer | Asked in Real Estate Law for Arkansas on
Q: Yes I was left a house in a Will, but how do I get the deed?? Please help
Anthony M. Avery
Anthony M. Avery answered on Jun 15, 2020

Was the Will filed for Probate? If not, then the Will means nothing, and the real property goes to the Heirs At Law. If the Will was Probated, and it is not an Insolvent Estate still open, then the Probated

Will, usually under its Will Book and Page Number, is your source of title as a...
Read more »

1 Answer | Asked in Landlord - Tenant, Small Claims and Real Estate Law for Arkansas on
Q: What legal action can be taken if a property manager let a repair man in the unit without the permission of the tenant?

The property manager orally promised to not let anyone enter the property unless the tenant was told. A repair man was supposed to repair the oven door because it would not shut completely, even with it on. The property manager told the tenant that the repair man would come on the weekend and the... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 10, 2020

If you have a Lease Contract, then it probably allows this or generally makes repairs the Landlord's duty. You are lucky to have such a Landlord. I doubt you would have any damages even if the Contract prohibited this unannounced visit. Irregardless, there is no cause of action.

2 Answers | Asked in Elder Law, Real Estate Law and Probate for Arkansas on
Q: Discovered my brother talked my mom into putting her home their name 3 yrs, she has passed. He believes it’s all his?

He believes he gets all, Home, Tools, all antiques. He hasn’t even called to discuss if there is even a will. There are 3 in all to inherit the property. Total of it all land is valued at $250k tools and antiques probably if sold in auction another $175. I have not lived near them in years but... Read more »

Nina Whitehurst
Nina Whitehurst answered on May 15, 2020

If you can prove that your mom lacked the mental capacity to sign a deed when she signed it or that she had been subjected to undue influence, you might be able to convince a court to void the deed. You will need a fiduciary litigation attorney to help you.

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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...
Read more »

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... 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... 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... 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...
Read more »

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