2012 California Codes
CCP - Code of Civil Procedure
PART 2 - OF CIVIL ACTIONS [307 - 1062.20]
TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY
CHAPTER 6 - Sale of the Property
ARTICLE 3 - Consummation of Sale
Section 873.730


CA Civ Pro Code § 873.730 (through 2013 Leg Sess) What's This?
  

(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.

(Added by Stats. 1976, Ch. 73.)

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