Ark. Code Ann. § 4-2-716 (2026)
Buyer's right to specific performance or replevin
- Specific performance may be decreed where the goods are unique or in other proper circumstances.
- The decree for specific performance may include such terms and conditions as to payment of the price, damages, or other relief as the court may deem just.
- The buyer has a right of replevin for goods identified to the contract if after reasonable effort he is unable to effect cover for such goods or the circumstances reasonably indicate that such effort will be unavailing or if the goods have been shipped under reservation and satisfaction of the security interest in them has been made or tendered. In the case of goods bought for personal, family, or household purposes, the buyer's right of replevin vests upon acquisition of a special property, even if the seller had not then repudiated or failed to deliver.
History. Acts 1961, No. 185, § 2-716; A.S.A. 1947, § 85-2-716; Acts 2001, No. 1439, § 8.
Amendments. The 2001 amendment added the last sentence in (3).
Research References
Ark. L. Notes.
Brill, Specific Performance in Arkansas, 1995 Ark. L. Notes 17.
Ark. L. Rev.
Remedies — Specific Performance and Long Term Supply Contracts: An Application of U.C.C. § 2-716, 30 Ark. L. Rev. 65.
Case Notes
Specific Performance.
The trial court's order of specific performance of a contract for the sale of a mobile home was improper since there were no allegations or proof by the purchasers that the particular mobile home in question had a unique or peculiar value or that there were any circumstances requiring specific performance of the contract; however, the purchasers were entitled to damages for the breach of the sales contract. Pierce-Odom, Inc. v. Evenson, 5 Ark. App. 67, 632 S.W.2d 247 (1982).
While it is generally true that in order to obtain a decree of specific performance of a contract for the sale of personal property, it must be shown that the property is “unique,” this rule has no applicability to real property because the law regards land as unique. Shelton v. Keller, 24 Ark. App. 68, 748 S.W.2d 153 (1988).