RCW 61.24.135
Consumer protection act—Unfair or deceptive acts or practices.
(1) It is an unfair or deceptive act or practice under the consumer protection act, chapter 19.86 RCW, for any person, acting alone or in concert with others, to offer, or offer to accept or accept from another, any consideration of any type not to bid, or to reduce a bid, at a sale of property conducted pursuant to a power of sale in a deed of trust. The trustee may decline to complete a sale or deliver the trustee's deed and refund the purchase price, if it appears that the bidding has been collusive or defective, or that the sale might have been void. However, it is not an unfair or deceptive act or practice for any person, including a trustee, to state that a property subject to a recorded notice of trustee's sale or subject to a sale conducted pursuant to this chapter is being sold in an "as-is" condition, or for the beneficiary to arrange to provide financing for a particular bidder or to reach any good faith agreement with the borrower, grantor, any guarantor, or any junior lienholder.
(2) It is an unfair or deceptive act in trade or commerce and an unfair method of competition in violation of the consumer protection act, chapter 19.86 RCW, for any person or entity to: (a) Violate the duty of good faith under RCW 61.24.163; (b) fail to comply with the requirements of RCW * 61.24.174, as it existed prior to July 1, 2016, ** 61.24.173, or 61.24.190; or (c) fail to initiate contact with a borrower and exercise due diligence as required under RCW 61.24.031.
[ 2021 c 151 § 5; 2016 c 196 § 3; 2011 c 58 § 14; 2008 c 153 § 6; 1998 c 295 § 15.]
NOTES:
Reviser's note: *(1) RCW 61.24.174 was repealed by 2016 c 196 § 4.
**(2) RCW 61.24.173 was repealed by 2021 c 151 § 13, effective June 30, 2023.
Effective date—2021 c 151 §§ 5, 9, 11, and 12: "Sections 5, 9, 11, and 12 of this act take effect January 1, 2022." [ 2021 c 151 § 16.]
Findings—Intent—2021 c 151: See note following RCW 61.24.005.
Effective date—2016 c 196: See note following RCW 61.24.172.
Findings—Intent—Short title—2011 c 58: See notes following RCW 61.24.005.
Structure Revised Code of Washington
Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts
Chapter 61.24 - Deeds of Trust.
61.24.008 - Borrower referred to mediation—When.
61.24.010 - Trustee, qualifications—Successor trustee.
61.24.025 - Application of federal servicemembers civil relief act to deeds of trust.
61.24.030 - Requisites to trustee's sale.
61.24.031 - Notice of default under RCW 61.24.030(8)—Beneficiary's duties—Borrower's options.
61.24.033 - Model language for initial contact letter used by beneficiaries—Rules.
61.24.040 - Foreclosure and sale—Notice of sale.
61.24.042 - Notice to guarantor—Contents—Failure to provide.
61.24.045 - Requests for notice of sale.
61.24.060 - Rights and remedies of trustee's sale purchaser—Written notice to occupants or tenants.
61.24.080 - Disposition of proceeds of sale—Notices—Surplus funds.
61.24.100 - Deficiency judgments—Foreclosure—Trustee's sale—Application of chapter.
61.24.110 - Reconveyance by trustee.
61.24.120 - Other foreclosure provisions preserved.
61.24.127 - Failure to bring civil action to enjoin foreclosure—Not a waiver of claims.
61.24.130 - Restraint of sale by trustee—Conditions—Notice.
61.24.135 - Consumer protection act—Unfair or deceptive acts or practices.
61.24.140 - Assignment of rents—Collecting payment of rent.
61.24.143 - Foreclosure of tenant-occupied property—Notice of trustee's sale.
61.24.146 - Foreclosure of tenant-occupied property—Notice to vacate.
61.24.165 - Application of RCW 61.24.163.
61.24.172 - Foreclosure fairness account created—Uses.
61.24.177 - Deed of trust pool—Duty of servicer to maximize net present value.
61.24.180 - Trustee as defendant—Declaration of nonmonetary status—Objection.