Land Contract Dispute Resolution

Summary

In Arkansas, unlawful detainer and land contracts are governed by specific laws. The vendor may have violated Arkansas law by removing your belongings and evidence. Spoliation sanctions can be severe and may include dismissal of the vendors case or adverse inference instruction to the jury. Your ability to regain possession may depend on the facts and the courts findings. If the vendors case is dismissed due to spoliation, the court may order the return of your belongings, if recoverable. It may not necessarily mean the process starts over, it depends on the courts ruling. Consult with a local property law attorney for personalized advice.

Full Conversation

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Hello Kristi, nice to meet you. How can I assist you today with your legal issue?
long story, we were buying a home through a land contract, paid $125k of the $165k purchase price, made many improvments to the property. vendor stopped cashing payments and then claimed we did not pay, took us to court for unlawful detainer. we were given 30 days to obtain and close on financing to pay the balance we owed on the property, which was not enough time to close. judge issued writ of possession and we were put out with no possessions. tried to make arrangements to get belongings and were denied. vendor has now sold the property, even though the judge told him at our last hearing that he was not allowed to do so. He has also removed all of our belongings, throwing away some things as well. In doing so, he also discarded all evidence I had pertaining to this case. We have what the judge called a final hearing and set aside an hour for it. I put in for sanctions for spoliation. What should I expect and is there anything else I could do to regain possession of our home? This is in Arkansas
Hello Kristi, this sounds like a complicated situation. In Arkansas, unlawful detainer and land contracts are governed by specific laws. Here are some points:
- The vendor may have violated Arkansas law by removing your belongings and evidence.
- Spoliation sanctions can be severe and may include dismissal of the vendor's case or adverse inference instruction to the jury.
- Your ability to regain possession may depend on the facts and the court's findings.
Please consult with a local attorney who specializes in property law for personalized advice.
if the vendors cse is dismissed, does he have to have our belongings back to the home? Does this process start all over again?
Hello Kristi, if the vendor's case is dismissed due to spoliation, this can result in a few outcomes:
- The court may order the return of your belongings, if recoverable.
- It may not necessarily mean the process starts over, it depends on the court's ruling.
For detailed advice, consult with a local property law attorney.