When real property has been sold pursuant to a levy, the purchaser of the property, or any person who has succeeded to the interest of the purchaser, may recover damages from the person causing the injury for injury to the property after levy and before possession is delivered to the purchaser or the person who has succeeded to the interest of the purchaser.
§ 746.Recovery of Damages By Purchaser For Injury Caused By Person After Levy and Before Possession
Title 10. Actions In Particular Cases · Chapter 3. Actions for the Recovery of Real Property, and Other Provisions Relating to Actions Concerning Real Property · Last amended 1983 · Last verified July 28, 2026
In one sentenceSection 746 lets the purchaser of real property sold pursuant to a levy, or that purchaser's successor in interest, recover damages from whoever injured the property in the gap between the levy and the transfer of possession to the purchaser.
Full Text of § 746
Plain-English Summary
There's often a delay between when property is levied on for sale and when the purchaser takes possession in hand, and § 746 protects the purchaser's interest during that window. If real property is sold pursuant to a levy, the purchaser — or anyone who has succeeded to the purchaser's interest — can recover damages from the person who caused injury to the property after the levy but before possession was delivered.
This section works alongside § 745's injunctive remedy: § 745 tries to prevent the injury from happening in the first place, while § 746 gives the purchaser a damages remedy if it happens anyway.
Frequently Asked Questions
Who can recover damages for injury to property between levy and possession under § 746?
The purchaser of the property sold pursuant to the levy, or any person who has succeeded to the purchaser's interest.
From whom can that damages claim be recovered?
The person who caused the injury to the property.
How does this section relate to § 745's injunction remedy?
Section 745 lets a court prevent injury to the property during that same window through an injunction; § 746 provides a damages remedy if the injury occurs despite that protection.
Amendment History
Amended by Stats. 1982, Ch. 497, Sec. 58. Operative July 1, 1983, by Sec. 185 of Ch. 497.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: purchaser damages injury after levy californiadamages between levy and possession