Manner of Sale of Real and Personal Property

Part 2, Title 10.5, Chapter 6 deals with the sale of property in the civil actions in California concerning the partition of real and personal property. Article 1 deals with the manner of sale.

Section 873.510 requires the referee appointed by the court to make a sale of the property to sell the property in the manner and following the procedures provided in this chapter.

Section 873.520 requires the property to 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.

Section 873.530 provides that 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.

Article 2 deals with sales procedures. Section 873.600 requires the court to order sale by methods and upon terms as are expressly agreed to in writing by all the parties to the action.

Section 873.610 allows the court to prescribe the manner, terms, and conditions of sale not inconsistent with the provisions of this chapter as it deems proper for the particular property or sale. The court may refer the manner, terms, and conditions of sale to the referee for recommendation but cannot approve the referee’s report except following a hearing upon noticed motion.

Section 873.620 requires the court to order that distinct lots or parcels of real property be sold separately. The court may order that the real and personal property or any portion be sold as a unit.

Section 873.630 allows the court to direct a sale on credit, prescribe the credit terms, and prescribe or approve the term of security taken.

Section 873.640 requires the notice of the sale of real or personal property to be given in the manner required for notice of sale of like property upon execution. The notice must also be given to every party who has appeared in the action and to such other interested persons as may have in writing requested the referee for special notice.

Section 873.650 requires the court to prescribe the contents of the notice of sale, which includes a description of the property, the time and place of sale, and a statement of the principal terms of sale.

Section 873.660 allows the court to 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 may be appropriate.

Section 873.670 requires a sale at public auction to the highest bidder to be held in the county in which the action is pending or such other place as may be specified by the court. The personal property must be present at the sale. The sale may be postponed by the referee by public declaration as provided for sales upon execution.

Section 873.680 prohibits a sale at private sale to be made before the day specified in the notice of sale but must be made within one year.

Section 873.690 prohibits three specified individuals from purchasing property sold in the action directly or indirectly.