- January 06, 1992
- All Washington Agents
- Contract Purchaser - Bona Fide Purchaser
The Washington Court of Appeals has applied the 1984 amendment to the Recording Act which protects real estate contracts retroactively. Tomlinson v. Clarke, 803 P.2d 828 (Wash. App. 1991).
Prior to 1984, purchasers of real estate contracts could not claim bona fide purchaser status in Washington even though their contracts were recorded. A recorded contract purchaser took his or her interest subject to unrecorded deeds, mortgages, etc. The legislature changed this rule in 1984 to enable contract purchasers to claim BFP protection.
In the Tomlinson case the court was asked to decide whether this amendment applied to a real estate contract recorded in 1980. The court of appeals ruled that it did. The 1984 amendment applies to all recorded contracts.
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