Section § 873.600

Explanation

This law says that if everyone involved in a court case agrees in writing on how a sale should happen and the terms for it, the court must follow their agreement, despite any other laws that might say otherwise.

Notwithstanding any other provision of this title, the court shall order sale by such methods and upon such terms as are expressly agreed to in writing by all the parties to the action.

Section § 873.610

Explanation

This law allows the court to decide the details of how a property sale should occur during or after a trial. The court can also ask a referee to suggest how the sale should happen, but it must hold a hearing before accepting the referee's suggestions.

(a)CA Civil Procedure Code § 873.610(a) The court may, at the time of trial or thereafter, prescribe such manner, terms, and conditions of sale not inconsistent with the provisions of this chapter as it deems proper for the particular property or sale.
(b)CA Civil Procedure Code § 873.610(b) The court may refer the manner, terms, and conditions of sale to the referee for recommendation but shall not approve the referee’s report except following a hearing upon noticed motion.

Section § 873.620

Explanation

This law says that when selling property involved in a legal case, the court should usually sell different pieces of land separately unless it would significantly harm the parties involved. However, the court can decide to sell real estate and personal property together as a single unit if it makes sense to do so.

(a)CA Civil Procedure Code § 873.620(a) Unless the interests and rights of the parties will be materially prejudiced thereby, the court shall order that distinct lots or parcels of real property be sold separately.
(b)CA Civil Procedure Code § 873.620(b) The court may order that the real and personal property or any portion thereof be sold as a unit.

Section § 873.630

Explanation

This law allows the court to decide if property can be sold on credit and to set the terms for that credit. The court can also approve or set the terms for any security taken in the sale, including how the security's title is documented, whether all together or separately, based on the parties' interests.

The court may:
(a)CA Civil Procedure Code § 873.630(a) Direct a sale on credit for the property or any part thereof.
(b)CA Civil Procedure Code § 873.630(b) Prescribe such terms of credit as may be appropriate.
(c)CA Civil Procedure Code § 873.630(c) Approve or prescribe the terms of security to be taken upon the sale, including the manner in which title to the security is to be taken, whether in a single instrument or several instruments, according to the interests of the parties.

Section § 873.640

Explanation

This law section covers how notifications should be handled when real or personal property is being sold due to a court order. First, it says that you need to notify all parties involved, using the standard method for similar sales. If both real estate and personal items are sold together, you can notify the same way you would for real estate alone. There is flexibility for the court to require extra notifications if needed. Additionally, if the court needs to arrange another sale, the same notification rules apply.

(a)CA Civil Procedure Code § 873.640(a) Notice of the sale of real or personal property shall be given in the manner required for notice of sale of like property upon execution. Such notice shall also be given to every party who has appeared in the action and to such other interested persons as may have in writing requested the referee for special notice.
(b)CA Civil Procedure Code § 873.640(b) Where real and personal property are to be sold as a unit, notice of the sale may be in the manner required for notice of sale of real property alone.
(c)CA Civil Procedure Code § 873.640(c) The court may order such additional notice as it deems proper.
(d)CA Civil Procedure Code § 873.640(d) Where the court orders a new sale of property pursuant to Section 873.730 or Section 873.740, notice of sale shall be as provided in this section.

Section § 873.650

Explanation

This law explains what must be included in a notice of sale when property is being sold, typically as part of a court process. It specifies that the notice must describe the property, and provide when and where the sale will happen, along with the main terms of the sale. Instead of detailing the terms in the notice, it can refer people to a court order or a statement that they can review. For private sales, the notice must also indicate where and when bids or offers will be accepted.

(a)CA Civil Procedure Code § 873.650(a) The court shall prescribe the contents of the notice of sale, which shall include a description of the property, the time and place of sale, and a statement of the principal terms of sale. In place of the principal terms of sale, the notice may refer to an order of the court or to a written statement containing such information which may be inspected at the place of business of the referee or the referee’s attorney.
(b)CA Civil Procedure Code § 873.650(b) A notice of private sale shall state a place where bids or offers will be received and a day on or after which the sale will be made.

Section § 873.660

Explanation

This law allows a court to order the sale of stocks, bonds, and personal items that could lose value quickly or incur costs if not sold right away. Normally, once these items are sold, the ownership automatically transfers without the need for court approval, but the person managing the sale has to make sure everything is done correctly until the court reviews and approves the sale process.

(a)CA Civil Procedure Code § 873.660(a) The court may order securities listed on an established stock or bond exchange, and personal property that is perishable, that will depreciate in value if not promptly disposed of, or that will incur loss or expense by being kept, to be sold upon such notice and conditions as may be appropriate.
(b)CA Civil Procedure Code § 873.660(b) Unless otherwise ordered by the court, title to property sold pursuant to this section passes without court confirmation. The referee is responsible for the actual value of the property until, after return and proper showing, the court approves the sale.

Section § 873.670

Explanation

This law outlines how items should be sold at a public auction. The auction must take place in the same county where the legal action is happening, unless the court decides on a different location. Personal property must be at the auction unless the court says otherwise. If needed, the person in charge can announce a delay in the auction, similar to the rules for other types of sales.

(a)CA Civil Procedure Code § 873.670(a) A sale at public auction to the highest bidder shall be held in the county in which the action is pending or such other place as may be specified by the court.
(b)CA Civil Procedure Code § 873.670(b) Unless otherwise ordered by the court, personal property shall be present at the sale.
(c)CA Civil Procedure Code § 873.670(c) The sale may be postponed by the referee by public declaration as provided for sales upon execution.

Section § 873.680

Explanation

This law states that a private sale must happen between the specified date in the sale notice and up to one year later. All bids or offers for the sale need to be made in writing and delivered to the location mentioned in the notice after the notice is first published or posted.

(a)CA Civil Procedure Code § 873.680(a) A sale at private sale shall not be made before the day specified in the notice of sale but shall be made within one year thereafter.
(b)CA Civil Procedure Code § 873.680(b) The bids or offers shall be in writing and left at the place designated in the notice at any time after the first publication or, if none, the posting of the notice.

Section § 873.690

Explanation

This law states that certain people aren't allowed to buy property involved in a legal case. These people include the referee, a party's lawyer, and a party's guardian or conservator, unless it's for the benefit of the person they're responsible for. If someone does buy the property against these rules, the sale doesn't count. However, if someone else buys the property legally afterward, their purchase stands.

(a)CA Civil Procedure Code § 873.690(a) The following persons shall not purchase property sold in the action directly or indirectly:
(1)CA Civil Procedure Code § 873.690(a)(1) The referee.
(2)CA Civil Procedure Code § 873.690(a)(2) The attorney of a party.
(3)CA Civil Procedure Code § 873.690(a)(3) The guardian or conservator of a party, unless for the benefit of the ward or conservatee.
(b)CA Civil Procedure Code § 873.690(b) All sales contrary to this section are void except that a sale to a bona fide purchaser following a sale contrary to this section shall not be disturbed.