Washington Court Records
Contract Disputes and Property Disputes in Washington
The Washington Civil Code forms the basis for the legal processes of handling civil lawsuits. Most of them are cases about contractual agreements and property transactions. Title 62A (Uniform Commercial Code) interprets and guides the procedure of adjudication of Contract and Property Disputes. The Washington Superior Courts have original jurisdiction of civil cases, especially on Property Disputes. The District Courts handle Contract disputes of value not exceeding $75,000.
Records that are considered public may be accessible from some third-party websites. These websites often make searching simpler, as they are not limited by geographic location, and search engines on these sites may help when starting a search for a specific or multiple records. To begin using such a search engine on a third-party or government website, interested parties usually must provide:
The name of the person involved in the record, unless said person is a juvenile
The location or assumed location of the record or person involved. This includes information such as the city, county, or state that person resides in or was accused in.
Third-party sites are independent from government sources, and are not sponsored by these government agencies. Because of this, record availability on third-party sites may vary.
What are Contract Disputes in Washington?
A Contract Dispute is a controversy regarding a contract. A Contract may be verbal or in written form, but it is enforceable. A disagreement with any of the terms or definitions of a contract can lead to a dispute. Most times, they get resolved through an Alternative Dispute Resolution or Arbitration. When these options fail, the wronged party may sue with the relevant court. Only a valid contract qualifies for litigation in court. Part of the requirements of validity is that both parties must fully understand the terms of the contract.
What Are The Most Common Contract Disputes In Washington?
Disputes can arise either from the inception of the contract, or during implementation. Some examples of disputes that may occur in the state are:
- Liens and leases
- Partner and Shareholder Disputes
- Business torts
- Employment contract disputes
- Non-payment for services rendered
- Insurance contracts
What is Washington Contract Law?
All contract disputes are covered under the civil law of the state. Title 62A provides definitions for contract disputes. The laws pertaining to contracts extend up to Title 64 of the civil code. The law recognizes both verbal and written contracts, provided they meet the statute of limitations requirement- six years for written contracts and three years for verbal contracts. Also, the contract must be valid. There are three key steps to setting up a contract:
- Preparation: also called negotiation. Here, there is the initiation of an offer. Prospective parties decide on the terms and conditions of the contract.
- Perfection: When the terms of the contract satisfy both parties, they seal it with commitment, either verbally or in writing.
- Consummation: this stage is when both parties fulfill their part of the agreement.
What is a Breach of Contract in Washington?
A Breach of Contract in Washington occurs when a party refuses to honor a contractual agreement for no legally viable reason. It is a cause for legal action against a breaching party. At the court of law, the injured party must be able to prove these three things:
- There was a contract
- There was a breach
- The breach led to losses or damage to the non-breaching party
What are the remedies for a Breach of Contract in Washington?
The type of breach usually determines the choice of a legal remedy. There are two types of breaches:
- Material: a failure in performance that causes the non-breaching party to abandon the contract.
- Non-material: it may not lead to the termination of the contract, but the non-breaching party gets to receive the actual cost of damages.
The peculiarities of each case also inform what remedy or combinations will achieve the desired compensation. Some remedies will involve damages (cost of compensation), or equitable remedies such as specific performance, or both. Most damages in Washington come either as compensatory, nominal, or punitive. Other are injunctions and restitutions.
What Defenses Can Be Used Against a Breach of Contract Claim in Washington?
The basis for a defense against a Contract breach lawsuit lies in inherent errors in the contract, or a sound reason for defaulting in honoring the contract. Some of these defenses are:
- When the offer component of the contract is illegitimate by law
- If a party does not qualify to enter an agreement. For example, persons below the age of 18 years are not eligible to contract an agreement.
- Faulty terms and conditions: the Uniform Commercial Code upholds standards for entering a contract. If the terms and conditions do not meet the standards, it can undermine the integrity of the agreement.
- Non-compliance with the statute of limitations: It states that all breaches of verbal contracts must be in filing within three years from incident or discovery. Written contracts have a timeframe of six years.
What are Property Disputes in Washington?
It refers to a contention between two or more parties (individuals or agencies) over matters about a landed property. It could be the question of who holds the title deed,
injunction for cases of misuse or trespass of property, terms and conditions of lease or rent, etc. The State of Washington provides interpretation of the law on property matters in the state through the Uniform Real Property Law.
What are Some Common types of Property Disputes in Washington?
- Dissensions over property margins
- Controversies about property ownership
- Dubious activities pertaining to estates
- Contentions over title deed
- Disputes over estate wills and Conservatorship
How to find Property Lines
County websites like King County provide a GIS property search tool that allows interested parties to view land borders on a map. The Washington State Geospatial Open Data Portal also allows persons to search for land parcels and legal boundaries. Both of them provide easy-to-use directions.
How do I Find a Property Dispute Lawyer Near me?
Check online for free-to-use indexes of lawyers in the state. Several of them have online visibility through their websites. A basic google search term will return a variety of leads. The Washington State Bar Association also allows users to search for licensed attorneys in the state.