Buying On A Land Contract
RCW 61.30.070 — a recorded notice, ninety days to cure, and sixty days to set a forfeiture aside
In Washington, a seller forfeiting a real estate contract first gives a notice of intent to forfeit that describes each default, itemizes what is owed, and states that the contract will be forfeited unless all defaults are cured by a date not less than ninety days after the notice is recorded, or any longer period in the contract.
- What forfeiture does: it ends the purchaser's interest, leaves the sums already paid with the seller, and gives the seller the improvements.
- That the person notified may contest the forfeiture, or seek more time to cure a default that is not about money, by filing and serving a court action before the declaration of forfeiture is recorded.
- That the person notified may ask a court to order a public sale if the property's value substantially exceeds the debt, with any surplus paid to the purchaser.
Acceleration is not a condition of cure. Even with an acceleration clause, the seller may not require the accelerated payments as a condition of curing the default, except as they would be due anyway. A timely cure reinstates the contract, and others with an interest, including a guarantor, may cure.
After the declaration. Possession is surrendered no sooner than ten days after the declaration of forfeiture is recorded, and an action to set the forfeiture aside may be filed and served within sixty days after recording, if the seller had no right to forfeit or did not comply with the chapter in a material respect.
A cure on the record. If the default is cured and no fulfillment deed is given, the seller records a statement that the contract is no longer subject to that notice; a seller who fails to within thirty days of a written demand owes the greater of five hundred dollars or actual damages, plus fees.
| The assumption | What the law actually does |
|---|---|
| The assumptionA seller can take the property back after one missed payment | What the law actually doesNot before a cure date at least ninety days after the notice is recorded |
| The assumptionOnce the declaration is recorded, nothing can be done | What the law actually doesAn action to set it aside may be filed within sixty days |
Mortgages, leases with an option to buy, and the details of a forfeiture or foreclosure case are not all on this page. Whether a particular agreement is a land contract under the statute, and what it allows, is a question for a licensed Washington attorney.
Sources for this section (2)
- RCW 61.30.070 — Notice of intent to forfeit — Declaration of forfeiture — Contents
- RCW 61.30.090 — Acceleration of payments — Cure of default
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Washington attorney.