In Holt v. Brock, the California Court of Appeal held that a real estate broker appointed by the court to sell property in a partition action has quasi-judicial immunity, so a co-owner unhappy with the sale cannot sue the broker for damages.
Not just because you filed. In California, a co-owner’s buyout right opens only after someone requests partition by sale, and only for property held as tenants in common.
Usually, yes. Most partitions end with an agreement to sell on the open market, and even sales run by a partition referee generally reach fair market value or better.
Code of Civil Procedure section 873.680 sets the procedure for a private sale in a partition action, including when the sale may be made and how bids are received.
Code of Civil Procedure section 873.720 lets a buyer, the referee, or any party move the court to confirm or set aside a partition sale.
Code of Civil Procedure section 873.710 sets what a partition referee’s report of sale must contain.
Code of Civil Procedure section 873.640 sets how and to whom notice of a partition sale of real or personal property must be given.
Code of Civil Procedure section 873.740 sets the court’s options at a sale confirmation hearing when an overbidder makes an increased offer above the current sale price.
Code of Civil Procedure section 873.730 explains how the court handles a hearing to confirm a partition sale under section 873.720, including when it orders a new sale.
Code of Civil Procedure section 873.610 lets the court set the manner, terms, and conditions of a partition sale, and lets the referee make recommendations about them.
Code of Civil Procedure section 873.510 sets how the court-appointed partition referee makes the sale of the property.
Code of Civil Procedure section 873.010 directs the court to appoint a partition referee to divide or sell the property, and describes the referee’s powers and duties.
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