California Code of Civil Procedure 873.760 is the California partition statute that explains what a party or the partition referee can do in case a purchaser does not follow through with purchasing the house. The statute provides that:
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 following forms of relief:
(a) Resale of the property upon notice as provided in this chapter. If any loss is occasioned thereby, the referee may recover the amount of such loss and costs and expenses incurred, including a reasonable attorney’s fee, from the purchaser who failed to pay.
(b) Maintenance by the referee of an action against the purchaser for the amount of the sale price. If the referee recovers judgment, the referee shall be awarded a reasonable attorney’s fee against the purchaser.California Code of Civil Procedure § 873.760
This statute ensures that a partition sale will result in a completed sale, even if the initial buyer falls through.
Law Revision Commission Comments to California Code of Civil Procedure § 873.760
In 1976, the California Law Revision Commission explained California Code of Civil Procedure § 873.760 as follows:
Section 873.760 continues the substance of the last sentence of former Section 785 with the added requirement of a court order on noticed motion of either a party or the referee and with the addition of express provisions for recovery of a reasonable attorney’s fee. To facilitate recovery under this section, the defaulting purchaser remains subject to the jurisdiction of the court.
Talkov Law's Partition Attorneys Can Help
If you want to end your co-ownership relationship, but your co-owner won’t agree, a partition action is your only option. With six, full time partition lawyers, Talkov Law is the #1 partition law firm in California and has handled 250 partition actions throughout California. Every case has resulted in a sale to either a third party or one of the co-owners. Not a single court has denied our clients the right to partition or declared our client to be a non-owner. Plus, for qualified cases, there is no fee until we settle or win your case!