(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.
§ 873.650.Contents of Notice
Title 10.5. Partition of Real and Personal Property · Chapter 6. Sale of the Property · Article 2. Sales Procedures · Enacted 1976 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 873.650 requires the notice of sale to describe the property, state the time and place of sale, and summarize the principal terms, or point to a court order or inspectable written statement instead, and, for a private sale, to name where bids will be received and the earliest day the sale can occur.
Full Text of § 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.
Plain-English Summary
This section fills in the content the court must prescribe for a notice of sale. Under subdivision (a), the notice has to include a description of the property, the time and place of sale, and a statement of the principal terms of sale.
That last requirement has a practical alternative built in: rather than reciting every term in the notice itself, the notice may instead refer to an order of the court or to a written statement containing that information, available for inspection at the place of business of the referee or the referee's attorney. That shortcut matters for complex sale terms that would otherwise clutter the published notice.
Subdivision (b) adds a requirement specific to a private sale: the notice has to state a place where bids or offers will be received and a day on or after which the sale will be made — the mechanics that § 873.680 then governs in more detail.
Frequently Asked Questions
What must the notice of sale describe?
The property, the time and place of sale, and a statement of the principal terms of sale.
Does the notice have to spell out every term of sale in full?
No. It may instead refer to a court order or a written statement available for inspection at the referee's or the referee's attorney's place of business.
What additional information must a private-sale notice include?
A place where bids or offers will be received and the day on or after which the sale will be made.
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
Also known as: contents notice of sale partition california