CHAPTER 6. Sale of the Property [873.510. - 873.850.]

Chapter 6 added by Stats. 1976, Ch. 73.

§§ 873.510–873.850 · 28 sections

1. ARTICLE 1. Manner of Sale §§ 873.510–873.530 · 3 sections

   • § 873.510 The referee appointed by the court to make a sale of the property shall sell the property in the manner and following the procedures provided in this chapter.
   • § 873.520 The property shall be sold at public auction or private sale as the court determines will be more beneficial to the parties. For the purpose of making this…
   • § 873.530 Part of the property may be sold at public auction and part at private sale if it appears that to do so will be more beneficial to the parties.
2. ARTICLE 2. Sales Procedures §§ 873.600–873.690 · 10 sections

   • § 873.600 Notwithstanding any other provision of this title, the court shall order sale by such methods and upon such terms as are expressly agreed to in writing by all…
   • § 873.610 (a) The court may, at the time of trial or thereafter, prescribe such manner, terms, and conditions of sale not inconsistent with the provisions of this…
   • § 873.620 (a) Unless the interests and rights of the parties will be materially prejudiced thereby, the court shall order that distinct lots or parcels of real property…
   • § 873.630 The court may: (a) Direct a sale on credit for the property or any part thereof. (b) Prescribe such terms of credit as may be appropriate. (c) Approve or…
   • § 873.640 (a) Notice of the sale of real or personal property shall be given in the manner required for notice of sale of like property upon execution. Such notice shall…
   • § 873.650 (a) The court shall prescribe the contents of the notice of sale, which shall include a description of the property, the time and place of sale, and a…
   • § 873.660 (a) The court may order securities listed on an established stock or bond exchange, and personal property that is perishable, that will depreciate in value if…
   • § 873.670 (a) A sale at public auction to the highest bidder shall be held in the county in which the action is pending or such other place as may be specified by the…
   • § 873.680 (a) A sale at private sale shall not be made before the day specified in the notice of sale but shall be made within one year thereafter. (b) The bids or…
   • § 873.690 (a) The following persons shall not purchase property sold in the action directly or indirectly: (1) The referee. (2) The attorney of a party. (3) The guardian…
3. ARTICLE 3. Consummation of Sale §§ 873.710–873.790 · 10 sections

   • § 873.710 (a) Upon making a sale of property, the referee shall report the sale to the court. (b) The referee’s report shall contain, in addition to such other…
   • § 873.720 (a) A purchaser, the referee, or any party may move the court to confirm or set aside the sale. (b) The moving party shall give not less than 10 days’ notice…
   • § 873.730 (a) At the hearing, the court shall examine the report and witnesses in relation to the report. (b) The court may confirm the sale notwithstanding a variance…
   • § 873.740 (a) If at the hearing under Section 873.730 a responsible bidder makes a written increased offer that exceeds the sale price by at least 10 percent on the…
   • § 873.745 The amount of agents’ commissions on the sale, if any, shall be fixed by the court and divided or limited in the manner provided for private sales of real…
   • § 873.750 (a) Upon confirmation of a sale, the court shall order the referee to execute a conveyance or other instrument of transfer, to collect the proceeds, take…
   • § 873.760 If the purchaser, after the confirmation of the sale, fails to pay the sale price, the purchaser is subject to the court’s jurisdiction and to further…
   • § 873.770 Where the purchaser is a party or lienholder entitled to a share of the proceeds of sale, the referee may: (a) Take the purchaser’s receipt for so much of the…
   • § 873.780 The court may make orders relating to the closing of a sale after confirmation, including escrow and closing provisions and, if the referee and purchaser so…
   • § 873.790 (a) Upon fulfillment of the terms of sale, the referee shall execute a conveyance or other instrument of transfer to the purchaser. (b) The conveyance or…
4. ARTICLE 4. Disposition of Proceeds of Sale §§ 873.810–873.850 · 5 sections

   • § 873.810 The court shall order the proceeds of sale and any security therefor to be paid, transferred, deposited in court, placed in trust, or invested in State of…
   • § 873.820 The proceeds of sale for any property sold shall be applied in the following order: (a) Payment of the expenses of sale. (b) Payment of the other costs of…
   • § 873.830 Where a part only of the property is sold, a tenant for life or years in an undivided share of the whole property may have his estate equitably set off in any…
   • § 873.840 (a) The court shall ascertain the proportion of the proceeds of sale that will be a just and reasonable sum for the satisfaction of the estate of a tenant for…
   • § 873.850 When the proceeds of the sale belonging to persons who are parties to the action, whether known or unknown, have not been allocated among such parties, the…