- August 27, 1990
- All Washington Offices
- Real Estate Contract Forfeitures
RCW 61.30.140(2) provides that an action to set aside a real estate contract forfeiture must be both filed and served not later than sixty days after the declaration of forfeiture is recorded.
In this case a complaint to set aside a contract forfeiture was filed within the sixty days but was served too late. The court of appeals construed the statute very strictly and dismissed the complaint. Clarke v. Equinox Holdings Ltd., 783 P.2d 82 (W.App.1989).
The Washington Supreme Court declined to review the case. 113 Wash. 2d 1001, 777 P.2d 1050.
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