Most real property (real estate) transactions for the sale and purchase of property involve a buyer who secures financing (a mortgage loan) from a bank for the purchase of the property and transfers the lump sum purchase price to the seller at the closing, in exchange for the seller transferring the deed (title) to the buyer—or to an escrow for safekeeping until the buyer repays the loan to the lender.

But if the buyer does not have good credit or a sufficient credit history—and especially if the seller wants to sell the property to a specific person—the seller may consider seller financing for the transaction. In a seller-financed transaction the buyer signs a promissory note promising to pay the purchase price of the property to the seller over time, plus a stated interest rate, which is included in a monthly installment payment projected over some number of months or years.

Seller financing is often structured for the buyer to make monthly payments for a number of years (five years, for example) and then make a balloon payment for the remaining balance of the loan. This seller financing structure anticipates the buyer being able to secure a traditional loan from a bank with improved creditworthiness and some equity in the property (a home, for example).

There are pros and cons to seller financing for both the buyer and the seller. Seller financing may reduce closing costs and shorten the time to closing, but the buyer may pay a higher interest rate and the seller will take on risk that the buyer will default on the payments and the seller will have to go through the legal process of evicting the buyer from the property.

In Arkansas, seller financing is a legal alternative to traditional mortgage lending for real estate transactions. This method allows a buyer who may not qualify for a conventional loan due to poor credit or insufficient credit history to purchase property directly from the seller. The buyer signs a promissory note agreeing to pay the seller the purchase price plus interest over time, often with a balloon payment at the end of a specified term. Arkansas law requires that such transactions be properly documented, including the promissory note and any mortgage or deed of trust that secures the note with the property. The seller assumes the role of the lender and, therefore, bears the risk of the buyer defaulting. If default occurs, the seller may have to initiate foreclosure proceedings to reclaim the property. It's important for both parties to understand their rights and obligations under Arkansas law and to consider the potential risks and benefits of seller financing. Consulting with an attorney to draft or review the financing documents is advisable to ensure legal compliance and protect the interests of both the buyer and the seller.