§ 874.320. — 874.320. (Amended by Stats. 2022, Ch. 82, Sec. 9.)

California § 874.320.

• Jurisdiction: California
• Code CCP: Code of Civil Procedure - CCP
• Title: 10.5.
• Part 2.: TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY
• Ch. 10.: CHAPTER 10. Partition of Real Property Act

Text

(a)
If the court orders a sale of property, the sale shall be an open-market sale unless the court finds that a sale by sealed bids or an auction would be more economically advantageous and in the best interest of the cotenants as a group.
(b)
If the court orders an open-market sale and the parties, not later than 10 days after the entry of the order, agree on a real estate broker licensed in the State of California to offer the property for sale, the court shall appoint the broker and establish a reasonable commission. If the parties do not agree on a broker, the court shall appoint a disinterested real estate broker licensed in the State of California to offer the
property for sale and shall establish a reasonable commission. The broker shall offer the property for sale in a commercially reasonable manner at a price no lower than the determination of value and on the terms and conditions established by the court.
(c)
If the broker appointed under subdivision (b) obtains within a reasonable time an offer to purchase the property for at least the determination of value, the following requirements apply:
(1)
The broker shall comply with the reporting requirements in Section 874.321.
(2)
The sale shall be completed in accordance with state law.
(d)
If the broker appointed under subdivision (b) does not obtain an offer to purchase the property for at least the determination of value within a reasonable time, the
court, after a hearing, may do any of the following:
(1)
Approve the highest outstanding offer, if any.
(2)
Redetermine the value of the property and order that the property continue to be offered for an additional time.
(3)
Order that the property be sold by sealed bids or at an auction.
(e)
If the court orders a sale by sealed bids or an auction, the court shall set terms and conditions of the sale. If the court orders an auction, the auction shall be conducted under Chapter 6 (commencing with Section 873.510).
(f)
If a purchaser is entitled to a share of the proceeds of the sale, the purchaser is entitled to a credit against the price in an amount equal to the purchaser’s share of the
proceeds.

Legislative History

Amended by Stats. 2022, Ch. 82, Sec. 9. (AB 2245) Effective January 1, 2023.