Revised Code of Washington

Wash. Rev. Code § 61.30.030 (2026)

Conditions to forfeiture

✓ current as of May 2026

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It shall be a condition to forfeiture of a real estate contract that:

(1) The contract being forfeited, or a memorandum thereof, is recorded in each county in which any of the property is located;

(2) A breach has occurred in one or more of the purchaser's obligations under the contract and the contract provides that as a result of such breach the seller is entitled to forfeit the contract; and

(3) Except for petitions for the appointment of a receiver, no arbitration or judicial action is pending on a claim made by the seller against the purchaser on any obligation secured by the contract.

[ 1988 c 86 s 3; 1985 c 237 s 3.]

Notes of Decisions

Cited in 3 cases, 1988–1991 · leading case: McLean v. McLean, 754 P.2d 1033 (Wash. Ct. App. 1988).

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McLean v. McLean, 754 P.2d 1033 (Wash. Ct. App. 1988). “6 RCW 61.30.030 was amended by Laws of 1988, ch.”

Powell v. Moss, 754 P.2d 697 (Wash. Ct. App. 1988). “In view of our decision that the forfeiture should be set aside because of defective notice, we find it unnecessary to reach the Powells' assertions regarding the constitutionality of the act and whether filing a notice of intent to declare forfeiture constitutes an "action"…”

Kofmehl v. Steelman, 816 P.2d 1258 (Wash. Ct. App. 1991). “RCW 61.30.030 requires certain conditions be met before forfeiture occurs: (1) The contract being forfeited, or a memorandum thereof, is recorded in each county in which any of the property is located;[ 2 ] (2) A breach has occurred in one or more of the purchaser's obligations…”

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