Ark. Code Ann. » Title 4 Chapter 92
Arkansas Code Annotated

Ark. Code Ann. § 4-92-105 (2026)

Agreement — Provisions prohibited and required

✓ current as of May 2026
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  1. A rental-purchase agreement shall not contain a provision:
    1. Requiring a confession of judgment;
    2. Authorizing a merchant or agent of the merchant to commit a breach of the peace while repossessing merchandise;
    3. Waiving a defense, counterclaim, or right the consumer may have against the merchant or an agent of the merchant; or
    4. Requiring the purchase of insurance from the merchant to cover the merchandise.
  2. A rental-purchase agreement must disclose:
    1. Whether the merchandise is new or used;
    2. The amount and timing of regular rental payments;
    3. The total number of payments necessary and the total amount to be paid to acquire ownership;
    4. The amounts and purpose of any other payment, charge, or fee in addition to the regular periodic rental payment;
    5. That the consumer does not acquire any ownership rights until the consumer has complied with the ownership terms of the agreement;
    6. Whether the consumer is liable for loss or damage to the merchandise, and if so, the maximum amount for which the consumer may be held liable; and
    7. Notice of the right to reinstate an agreement as provided in § 4-92-106(a).

History. Acts 1987, No. 490, §§ 4, 5.

Case Notes

Compliance.

The agreements between the debtor and its creditor complied, in every respect, with the provisions of this section and therefore, the agreements were determined to be leases. In re Taylor, 130 B.R. 849 (Bankr. E.D. Ark. 1991).

Notes of Decisions
Cited in 2 cases, 1991–2001 · leading case: In Re Taylor, 130 B.R. 849 (Bankr. E.D. Ark. 1991).
Sort: Relevance Newest Treatment
In Re Taylor, 130 B.R. 849 (Bankr. E.D. Ark. 1991). · cites it 4× “Ark.Code Ann. § 4-92-105 enumerates provisions prohibited and required in a rental-purchase agreement.”
In Re Minton, 271 B.R. 335 (Bankr. W.D. Ark. 2001). · cites it 8× “§ 4-92-105(a). Finally, the Rental Purchase Act also provides that the consumer has a right to reinstate a Rental-purchase agreement by “paying all rental and other charges due or returning the merchandise to the lessor.”
Ark. Code Ann. § 4-92-105(a): 1 case
In Re Minton, 271 B.R. 335 (Bankr. W.D. Ark. 2001). “§ 4-92-105(a). Finally, the Rental Purchase Act also provides that the consumer has a right to reinstate a Rental-purchase agreement by “paying all rental and other charges due or returning the merchandise to the lessor.”
Ark. Code Ann. § 4-92-105(b): 1 case
In Re Minton, 271 B.R. 335 (Bankr. W.D. Ark. 2001). “§ 4-92-105(a). Finally, the Rental Purchase Act also provides that the consumer has a right to reinstate a Rental-purchase agreement by “paying all rental and other charges due or returning the merchandise to the lessor.”
Ark. Code Ann. § 4-92-105(b)(1): 1 case
In Re Minton, 271 B.R. 335 (Bankr. W.D. Ark. 2001). “§ 4-92-105(a). Finally, the Rental Purchase Act also provides that the consumer has a right to reinstate a Rental-purchase agreement by “paying all rental and other charges due or returning the merchandise to the lessor.”
Ark. Code Ann. § 4-92-105(b)(3): 1 case
In Re Minton, 271 B.R. 335 (Bankr. W.D. Ark. 2001). “§ 4-92-105(a). Finally, the Rental Purchase Act also provides that the consumer has a right to reinstate a Rental-purchase agreement by “paying all rental and other charges due or returning the merchandise to the lessor.”
Ark. Code Ann. § 4-92-105(b)(4): 1 case
In Re Minton, 271 B.R. 335 (Bankr. W.D. Ark. 2001). “§ 4-92-105(a). Finally, the Rental Purchase Act also provides that the consumer has a right to reinstate a Rental-purchase agreement by “paying all rental and other charges due or returning the merchandise to the lessor.”
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