Arkansas Purchaser's Agreement (with installment payments)

PURCHASER’S AGREEMENT (with installment payments)
In Arkansas, a purchaser’s agreement with payments, often referred to an installment sale agreement, is a common way to structure the sale of real property when the buyer is unable to pay the full purchase price upfront and does not qualify for or seek traditional mortgage financing. Here’s how such agreements typically work and key elements they include:
Overview of a Purchase Agreement with Payments:
1. A purchase agreement with payments in Arkansas allows a buyer to pay for the property in installments directly to the seller over a specified period. This method bypasses the need for immediate traditional financing.
2. Clearly identifies the buyer and the seller.
3. Legal Description of Property.
4. Purchase Price: States the total agreed-upon price for the property.
5. Down Payment: Specifies any down payment required by the buyer at the outset of the agreement.
6. Payment Schedule: Details the amount of each installment, when payments are due (e.g., monthly), and the duration over which payments will be made. It also specifies the form of payment.
7. Interest Rate: If applicable, the interest rate on the unpaid balance is stated.
8. Late Fees and Penalties: Any above noted payment past due shall be subject to a late charge of $ ----- And an additional $ ----per day until the payment is received.
9. Default Provisions: BUYER further agrees that they understand none of the down payment or the monthly payments will be refunded in the event of an eviction.
10. Transfer of Title: Specifies that the legal title to the property will remain with the seller until the buyer completes all payments under the contract. Once all payments are made, the seller is obligated to convey the title to the buyer by Warranty Deed.
11. Warranties or Disclosures: Sold in (As is Condition), exceptions can be made for a specific situation.
12. Insurance and Taxes: Outlines who is responsible for property taxes, insurance, and maintenance until the title is transferred.
Legal Considerations
Equitable Title: The buyer holds equitable title during the term of the agreement, meaning they have a right to obtain full legal title upon full payment.
Recording the Agreement: It's generally advisable to record the Purchasers Agreement with the county recorder’s office to protect both parties’ interests and provide public notice of the buyer’s interest in the property. (For use in Arkansas only.)
For privacy or Buyers protection, see (Memorandum and Notice of Agreement) form.