§ 873.730. — 873.730. (Added by Stats. 1976, Ch. 73.)

California § 873.730.

• Jurisdiction: California
• Code CCP: Code of Civil Procedure - CCP
• Title: 10.5.
• Part 2.: TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY
• Ch. 6.: CHAPTER 6. Sale of the Property
• Art. 3.: ARTICLE 3. Consummation of Sale

Text

(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 from the prescribed terms of sale if to do so will be beneficial to the parties and will not result in substantial prejudice to persons interested in the sale.
(c)
The court may vacate the sale and direct that a new sale be made if it determines any of the following:
(1)
The proceedings were unfair or
notice of sale was not properly given. If there is no finding at the hearing of unfairness or improper notice, the sale may thereafter not be attacked on such grounds.
(2)
The sale price is disproportionate to the value of the property.
(3)
It appears that a new sale will yield a sum that exceeds the sale price by at least 10 percent on the first ten thousand dollars ($10,000) and 5 percent on the amount in excess thereof, determined after a reasonable allowance for the expenses of a new sale.

Legislative History

Added by Stats. 1976, Ch. 73.