Arkansas Code Annotated

Ark. Code Ann. § 4-2A-110 (2020)

Terminal rental adjustment clauses for vehicle leases — Not sales or security interests

✓ Arkansas Code release r76: Acts through about 2020 (2021-2025 sessions missing)
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In the case of motor vehicles and trailers, notwithstanding any other provision of law, a leasing agreement involving a motor vehicle or trailer shall not create a sales transaction or a security interest in the vehicle merely because the lease contains provisions which provide that the rental price is permitted or required to be adjusted under the agreement either upward or downward based upon an amount which may be realized from a sale or other disposition of the vehicle after the end or termination of the lease period.

History. Acts 1997, No. 370, § 1.

Case Notes

Purchase Option.

Where the debtor-in-possession asserted it had an option to purchase three tractors based on parol evidence that was directly contradicted by the express terms of the parties' agreement, the debtor was required to accept or reject the lease under 11 U.S.C. § 365. A terminal rental adjustment clause did not create a purchase option under this section. In re Double G Trucking of the Arklatex, Inc., 432 B.R. 789 (Bankr. W.D. Ark. 2010).

Part 2 — Formation and Construction of Lease Contract

Publisher's Notes. For Comments regarding the Uniform Commercial Code, see Commentaries Volume A.

Notes of Decisions
Cited in 1 case, 2010–2010 · leading case: In Re Double G Trucking of the Arklatex, Inc., 432 B.R. 789 (Bankr. W.D. Ark. 2010).
In Re Double G Trucking of the Arklatex, Inc., 432 B.R. 789 (Bankr. W.D. Ark. 2010). · cites it 2× “Ark.Code Ann. § 4-2A-110 (Michie 2001). This provision is a non-Uniform Commercial Code section that resulted from companion legislation accompanying Article 2A of the Uniform Commercial Code section.”
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