Need help getting my $3000 back - Arkansas

[xylene]

How long have you been on the land?

 

[LdiJ]

Sounds like the $3000 was to create a life estate so you could live on the land. It also sounds as you didn't properly do so.

There is no way to prove the $3000 was a loan because the only paperwork says it isn't.

I agree that there is no way to prove it was a loan. However, there is a decent chance that the life estate can be proven. If he can prove that, then he can ask for a "cash for keys" deal to leave the property. He should get a consult with a local real estate attorney to see if he has enough documentation to at least have a stab at proving the life estate when she takes him to court for an eviction.

 

[PayrollHRGuy]

I wrote this earlier and never posted it.

If you don't want to stay there, move. If you do want to stay there make her evict you and as part of your defense you pull out the receipt where she granted the life estate. I have no idea if the receipt will be enough to create the life estate.

But you aren't going to win a suit over the loan because the only piece of evidence shows there was no loan.

NEW TEXT.

That is a good idea LdiJ. Cash for keys may get the OP some money.

 

[HRZ]

I read it differently , OP put up $3000 and received a non exclusive right to use the property for his life , apparently has it in writing which is essential.

He holds that life right ...she is entitled to try to buy it out but he is not required to sell. Any new buyer takes it subject to OPs life use right . HE might elect to sell it back for far less than $3000 or far more than $3000 ..whatever she is willing to pay .

 

[Litigator22]

You want thoughts? Try this one:

"How do you intend to convince any Arkansas court (Circuit, District or on down) that somehow out of this sloppy informal "arrangement" that "B" is indebted to you?

Unless the $3K represents an unpaid loan (not at all likely) any monetary claim against "B" would need to be in the nature of damages for a breach of contract. But what contract has been breached?!

You begin with your post stating that you gave B the $3K as a "down payment for the 10 acres of land", but fail to explain whether the money was to be applied towards a fee simple purchase of the land; a life estate; a lease; or what, and nothing mentioned as to any deferred balance.

Obviously you have been occupying the land or you wouldn't be here. But you leave one to guess as to the circumstances or conditions whereby that occupancy was permissive, or why it is suddenly being withdrawn.

In sum, you have given no reason to believe that you have a makeable cause of action against "B".