(a) The following persons shall not purchase property sold in the action directly or indirectly:
(1) The referee.
(2) The attorney of a party.
(3) The guardian or conservator of a party, unless for the benefit of the ward or conservatee.
§ 873.690.Persons Prohibited From Purchasing Property Sold
Title 10.5. Partition of Real and Personal Property · Chapter 6. Sale of the Property · Article 2. Sales Procedures · Last amended 1979 · Last verified July 28, 2026
In one sentenceSection 873.690 bars the referee, any party's attorney, and a party's guardian or conservator, unless buying for the ward's or conservatee's benefit, from purchasing the property being sold, and makes any sale that violates this rule void, though a later bona fide purchaser from that sale is protected.
Full Text of § 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.
Plain-English Summary
This section carries the conflict-of-interest concerns behind § 873.050's referee-eligibility rules over into the sale process. Subdivision (a) bars three categories of people from purchasing property sold in the action, directly or indirectly: the referee, the attorney of a party, and the guardian or conservator of a party, unless the purchase is for the benefit of the ward or conservatee.
The guardian-or-conservator exception matters — it recognizes that buying the property can sometimes serve the protected person's own interest, so the rule only bars a purchase made for the guardian's or conservator's own benefit rather than the ward's or conservatee's.
Subdivision (b) sets the consequence for a violation and its limit: sales contrary to this section are void, but a sale to a bona fide purchaser following a sale contrary to this section is not disturbed. That balance enforces the rule against the person who improperly bought the property while protecting an innocent later buyer who had no reason to know about the problem.
Frequently Asked Questions
Who is barred from buying partitioned property at the sale?
The referee, any party's attorney, and any party's guardian or conservator, unless the guardian or conservator is buying for the benefit of the ward or conservatee.
What happens if a sale violates this rule?
The sale is void.
Is a later purchaser who bought from the person who violated this rule at risk?
No. A bona fide purchaser following a sale contrary to this section is not disturbed.
Amendment History
Amended by Stats. 1979, Ch. 730.
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: who cannot buy partition sale property californiaprohibited purchaser partition sale