Title CCP — California Code Civ. Proc.

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 determination, the court may refer the matter to the referee and take into account the referee’s report.

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.

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 the parties to the action.

(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 chapter as it deems proper for the particular property or sale. (b) The court may refer the manner, terms, and conditions of sa…

(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 be sold separately. (b) The court may order that the real and personal property or any portion thereof be sold as a unit.…

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 prescribe the terms of security to be taken upon the sale, including the manner in which title to the security is to be taken,…

(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 also be given to every party who has appeared in the action and to such other interested persons as may have in writing …

(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 statement of the principal terms of sale. In place of the principal terms of sale, the notice may refer to an order of the court …

(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 not promptly disposed of, or that will incur loss or expense by being kept, to be sold upon such notice and conditions as…

(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 court. (b) Unless otherwise ordered by the court, personal property shall be present at the sale. (c) The sale may be postp…

(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 offers shall be in writing and left at the place designated in the notice at any time after the first publication or, if none,…

(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 or conservator of a party, unless for the benefit of the ward or conservatee. (b) All sales contrary to this section are…

(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 information as may be appropriate, all of the following information: (1) A description of the property sold to each purchaser. (2)…

(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 of motion to: (1) The purchaser if the purchaser is not the moving party; and (2) All other parties who have appeared in t…

(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 prejudi…

(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 first ten thousand dollars ($10,000) and 5 percent on the amount in excess thereof, the court in its discretion may do either…

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 property in decedents’ estates.

(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 security, and perform other acts required to consummate the sale. (b) The order may direct the referee concerning the distribu…

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 proceedings in the action. Upon such failure, a party, or the referee, may upon notice move the court to order either of the foll…

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 proceeds of sale as belongs to the purchaser. (b) Take security, or other arrangement satisfactory to the referee, for pa…

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 agree and the court upon noticed motion determines it will not result in substantial prejudice to the parties, may make adj…

(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 transfer of real property and the order authorizing such conveyance or transfer shall be recorded in each county in which the …

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 California or United States government obligations or interest-bearing accounts in an institution whose accounts are insured …

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 partition in whole or in part or to secure any cost of partition later allowed. (c) Payment of any liens on the property in t…

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 part of the property not sold by way of complete or partial satisfaction of his share of the proceeds.

(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 life or years and shall order such amount distributed to him or held for his benefit. (b) The court shall ascertain the p…

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 action may be continued as between such parties, for the determination of their respective claims thereto, which must be asc…