Arkansas couple pays for 111 acres with truck and cows; court backs sale

In a legal battle in Arkansas, a couple who had been paying for 111 acres since 2015 successfully defended their purchase. Destin and Jennifer Clark faced a dispute with the sellers, George Wayne Thomas and Sandra Thomas, after their initial payments fell behind. In an attempt to bring their payments up to date, the Clarks reportedly handed over a truck and six or seven cows to the Thomases.

Despite these efforts, they defaulted on payments a second time and entered into a third agreement in March 2020 with a monthly payment of $1,900.

By 2021, the Thomases urged the Clarks to clear the remaining debt, as they planned to sell the Arkansas land to fund a purchase in Kentucky. The Clarks were offered $240,700 for the property in April 2022, and the title company required a signed payoff figure from the sellers. However, Sandra Thomas refused to provide a written amount and claimed the Clarks could not sell the property without her express permission.

The Clarks persisted in their efforts to purchase the land, despite the conflict. They sent cashier's checks for an installment due on April 15, along with late fees, but the envelope was marked "Refused". Sandra later issued a notice requiring the couple to leave the property due to late payments and alleged maintenance issues.

The Arkansas Court of Appeals upheld the lower court's decision in favor of the Clarks, affirming a ruling that recognized their equitable interest in the land. The court awarded $17,500 in attorney's fees and costs to the buyers and determined that Sandra had breached the agreement by refusing to provide the signed payoff figure.

The court also acknowledged that the Clarks had paid a significant amount towards the purchase and that equity seeks to prevent harsh forfeitures. The ruling allows the Clarks to proceed with completing the purchase under the terms set by the circuit court.