(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.
§ 873.680.Sale At Private Sale
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 873.680 bars a private sale from happening before the date stated in the notice, requires it to occur within one year after that date, and requires bids or offers to be submitted in writing at the place named in the notice starting from the notice's first publication or posting.
Full Text of § 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.
Plain-English Summary
Private sales operate on a defined window under this section. Subdivision (a) prohibits making the sale before the day specified in the notice of sale, but requires that it be made within one year after that day — giving prospective buyers time to come forward while keeping the sale from staying open indefinitely.
Subdivision (b) governs how offers come in: bids or offers have to be in writing and left at the place designated in the notice, and they can be submitted at any time after the first publication of the notice or, if the notice wasn't published, after it was first posted.
This section governs the mechanics that § 873.650(b) requires the notice of a private sale to describe in the first place — the place where bids are received and the earliest day the sale can occur.
Frequently Asked Questions
How soon can a private sale of partitioned property happen after the notice is given?
Not before the day specified in the notice of sale.
Is there a deadline for completing the private sale?
Yes, it must be made within one year after the date specified in the notice.
Do offers for a private sale have to be in writing?
Yes, and they must be left at the place designated in the notice, submitted any time after the notice was first published or, if not published, first posted.
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: private sale timing partition california