California Code of Civil Procedure 873.780 is the California partition statute that states that the court may adjust the terms of sale in a partition action. The statute provides that:
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 adjustments varying the terms of sale based on after-discovered defects.
California Code of Civil Procedure 873.780
An example for the use of this statute may occur if the partition referee is be approached by a buyer during escrow with information suggesting that the property has defects that should be fixed before closing. In response, the referee may negotiate an adjustment to the purchase price (credit to the buyer), and request court approval under this statute. See generally 48 Cal. Jur. 3d Partition § 97.
Law Revision Commission Comments to California Code of Civil Procedure § 873.780
In 1976, the California Law Revision Commission explained California Code of Civil Procedure § 873.780 as follows:
Section 873.780 is new. It recognizes that modern transactions often involve, at closing, minor deviations or adjustments. The court is expressly authorized to make rulings regarding them.
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