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Public Auction or Private Sale

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What Does a Notice of Private Sale Mean in a Partition Action?

A notice of private sale in a partition action is a required notice that the partition referee is likely to be marketing the property to the public to ensure it sells for fair market value. Since the word “private” seems to suggest something other than the public marketing as though a backroom deal is occurring, … Read More

Code of Civil Procedure § 873.530 (CCP) – Public or Private Sale of Part of Property (Partition Actions)

California Code of Civil Procedure 873.530 is the California partition statute that addresses private sale and public auction in a partition action in California. The statute 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 … Read More

CCP 873.610 Manner, terms and conditions consistent with chapter; recommendations of referee Talkov Law

Code of Civil Procedure 873.610 CCP – Manner, Terms and Conditions Consistent with Chapter; Recommendations of Referee (Partition Actions)

California Code of Civil Procedure 873.610 is the California partition statute that allows the court to set the manner, terms and conditions of sale, along with allowing the court to allow the referee to make recommendations related thereto. The statute provides that: (a) The court may, at the time of trial or thereafter, prescribe such … Read More

Code of Civil Procedure 873.520 CCP - Public Auction or Private Sale; Determination; Report of Referee (Partition by Sale)

Code of Civil Procedure 873.520 CCP – Public Auction or Private Sale; Determination; Report of Referee (Partition by Sale)

California Code of Civil Procedure 873.520 is the California partition statute that allows the court to determine whether the property should be sold either at a public auction or through a private sale. The statute provides that: The property shall be sold at public auction or private sale as the court determines will be more … Read More

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