The referee may, with the approval of the court pursuant to Section 873.110, employ an auctioneer, authorized to act as such in the locality, to conduct a public auction and to secure purchasers by such method for any property to be sold at public auction.
§ 873.140.Employment of Auctioneer
Title 10.5. Partition of Real and Personal Property · Chapter 4. Referees · Article 2. Contracts of Referee · Enacted 1976 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 873.140 lets the referee, with the court's approval under § 873.110, employ a licensed local auctioneer to conduct the public auction and attract purchasers for property being sold that way.
Full Text of § 873.140
Plain-English Summary
When the court has decided that property should be sold at public auction under § 873.520, this section lets the referee bring in a professional to run it. With the court's approval under § 873.110, the referee may employ an auctioneer authorized to act in that capacity in the relevant locality.
The auctioneer's role covers both conducting the auction itself and using auction methods to secure purchasers for the property being sold that way, drawing on skills the referee may not have.
The employment still runs through the same court-approval framework as every other contract under this article, tying the referee's choice of auctioneer to the court's oversight under § 873.110.
Frequently Asked Questions
When would a referee hire an auctioneer?
For property that is being sold at public auction under § 873.520.
Does the auctioneer need any particular qualification?
Yes, the auctioneer must be authorized to act as such in the locality where the sale takes place.
Is court approval required to hire an auctioneer?
Yes, under § 873.110.
Amendment History
Added by Stats. 1976, Ch. 73.
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
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