The Arkansas Court of Appeals on Wednesday said Circuit Court Judge Jodi Raines Dennis was correct when she ruled that a Jefferson County couple’s agreement to buy a time share was valid.
Kenneth Butler and Tina Butler were seeking to recover $3,000 they had paid Jacqueline Williams and Marcie Johnson as a down payment on the time share in Branson, Mo., contending the money was simply earnest money that should have been returned when they turned down Williams’ offer to sell her interest in the time share for $6,000.
On appeal, the Butlers said Dennis was wrong in ruling they had contracted to buy the property and that an oral contract between them and Williams and Johnson was unenforceable under fraud statutes.
The Appeals Court ruling showed that Williams executed a quick-claim deed for the property to the Butlers on June 29, 2009, and the Butlers paid half of the purchase price July 9, 2009. They also spent several days at the property beginning July 11, 2009.
While in Branson, records show the Butlers bought a time share from another individual and when they returned, demanded Williams and Johnson return their $3,000.
Regarding the claim that the oral contract was unenforceable, the appeals court said paying a part of the purchase price and taking possession of the property is sufficient to eliminate the requirement that any contract to buy property must be in writing.
“Here, there is no dispute that appellants (the Butlers) paid appellees (Williams) $3,000, or that appellants subsequently traveled to Branson and took possession of the property by occupying the time share property for a number of days,” the court ruling said. “We hold that these acts were sufficient to take the oral contract out of the statute of frauds.”