(a) Upon making a sale of property, the referee shall report the sale to the court.
§ 873.710.Referee's Report Upon Making Sale
Title 10.5. Partition of Real and Personal Property · Chapter 6. Sale of the Property · Article 3. Consummation of Sale · Enacted 1976 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 873.710 requires the referee, after making a sale, to report to the court the property sold to each purchaser, the purchaser's name, the sale price, the sale's terms and any security taken, amounts owed to lienholders, any agents' commission arrangements, recommendations about roads and easements, and any other facts material to confirming the sale.
Full Text of § 873.710
(b) The referee's report shall contain, in addition to such other information as may be appropriate, all of the following information:
(1) A description of the property sold to each purchaser.
(2) The name of the purchaser.
(3) The sale price.
(4) The terms and conditions of the sale and the security, if any, taken.
(5) Any amounts payable to lienholders.
(6) A statement as to contractual or other arrangements or conditions as to agents' commissions.
(7) Any determination and recommendation as to opening and closing public and private ways, roads, streets, and easements.
(8) Other material facts relevant to the sale and the confirmation proceeding.
Plain-English Summary
Once the referee makes a sale, this section requires the same kind of accounting to the court that § 873.280 requires after a division. Subdivision (a) requires the referee to report the sale to the court.
Subdivision (b) sets out what that report has to contain, beyond whatever other information may be appropriate: a description of the property sold to each purchaser, the purchaser's name, the sale price, and the terms and conditions of the sale along with any security taken. The report also has to disclose amounts payable to lienholders and, notably, a statement about any contractual or other arrangements or conditions concerning agents' commissions.
Rounding out the report, the referee must include any determination and recommendation about opening and closing roads, streets, and easements, and any other material facts relevant to the sale and the confirmation proceeding. This report is the record the court reviews at the confirmation hearing under § 873.720.
Frequently Asked Questions
What must the referee's report after a sale include?
A description of the property sold to each purchaser, the purchaser's name, the sale price, the terms and security taken, amounts owed to lienholders, any agents' commission arrangements, and recommendations about roads or easements, among other material facts.
Why does this report matter?
It's the record the court reviews when deciding whether to confirm the sale under § 873.720.
Does the referee have to disclose commission arrangements?
Yes, § 873.710(b)(6) requires a statement about contractual or other arrangements regarding agents' commissions.
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: referee report after sale partition california