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Under the doctrine of part performance, an agreement to convey an estate in real property which is not in writing may be proved without a writing, and specifically enforced, if there is sufficient part performance of the agreement. Miller v. McCamish, 78 Wn.2d 821, 826, 479 P.2d 919 (1971) (citing cases). The part performance doctrine 'is based on the premise that in certain situations it would be fraudulent to permit a party to escape performance of his [or her] duties under an oral contract after . . . [permitting] the other party to perform in reliance upon the agreement.' 2 Washington State Bar Ass'n, Real Property Deskbook § 37.40, at 37-27 (2d ed. 1986) (citing Miller v. McCamish, supra).


There are three factors, or elements, which are examined to determine if there has been part performance of the agreement so as to take it out of the statute of frauds: (1) delivery and assumption of actual and exclusive possession; (2) payment or tender of consideration; and (3) the making of permanent, substantial and valuable improvements, referable to the contract. Kruse v. Hemp, 121 Wn.2d 715, 724-25, 121 Wn.2d 715, 853 P.2d 1373 (1993); Powers v. ...

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