The Washington Real Estate Contract Forfeiture Act
Hume, Linda S.
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- 1998State v. Brown Wash. Ct. App.
- 1993Powell v. Rinne Wash. Ct. App.
- 1992Tomlinson v. Clarke Wash.
- 1991Schultz v. Werelius Wash. Ct. App.
- 1991Kofmehl v. Steelman Wash. Ct. App.
- 1990Schoneman v. Wilson Wash. Ct. App.
- 1988McLean v. McLean Wash. Ct. App.
- 1988Galladora v. Richter Wash. Ct. App.
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Abstract
The Real Estate Contract Forfeiture Act (the Act), which became effective January 1, 1986, creates a nonjudicial procedure for forfeiture of the purchaser's interest in a real estate contract that terminates the purchaser's rights in the contract and in the real property that is the subject matter of the contract. Compliance with the Act's procedures should clear the seller's title to the property. The Act represents a significant departure from common law forfeiture procedures. This discussion will trace the origins of the Act, explain its basic design and purpose, and indicate where the Act changes or parallels the prior common law.
In addition, some areas of future uncertainty that may arise under the new Act will be discussed.