California Code of Civil Procedure 873.745 is the California partition statute that gives the court authority to fix, limit, or divide agents’ commissions. The statute provides that:
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.California Code of Civil Procedure 873.745
Realtors are often hired to force the sale of property, are hired by referees, appointed by the court, or upon agreement of the parties in a partition action.
Law Revision Commission Comments to California Code of Civil Procedure § 873.745
In 1976, the California Legislative Committee explained California Code of Civil Procedure § 873.745 as follows:
Section 873.745 is new; it codifies the court’s general authority to fix and, where necessary, limit and divide agents’ commissions. See Section 873.110 (services of third persons). For statutory provisions as to agents’ commissions in private sales of real property in probate, see Probate Code Sections 760, 761, 761.5, and 785.
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!