(a) A purchaser, the referee, or any party may move the court to confirm or set aside the sale.
§ 873.720.Motion to Confirm Or Set Aside 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 873.720 lets the purchaser, the referee, or any party move to confirm or set aside a partition sale, requiring the moving party to give at least ten days' notice of that motion to the purchaser and to every other party who has appeared.
Full Text of § 873.720
(b) The moving party shall give not less than 10 days' notice of motion to:
(1) The purchaser if the purchaser is not the moving party; and
(2) All other parties who have appeared in the action.
Plain-English Summary
A sale under this chapter isn't final until the court reviews it, and this section opens that review. Subdivision (a) lets a purchaser, the referee, or any party move the court to confirm or set aside the sale.
Subdivision (b) sets the notice required before that motion is heard: not less than ten days' notice of the motion, given to the purchaser if the purchaser isn't the one moving, and to all other parties who have appeared in the action.
That notice requirement ensures everyone with a stake in the outcome — the buyer as well as the co-owners — has an opportunity to be heard before the court decides. Section 873.730 then sets out the standards governing that hearing.
Frequently Asked Questions
Who can ask the court to confirm or set aside a sale?
The purchaser, the referee, or any party to the action.
How much notice must be given before that motion is heard?
At least ten days, given to the purchaser (if not the one moving) and to all other parties who have appeared.
What happens at the hearing on this motion?
The court examines the referee's report and any relevant testimony under the standards set out in § 873.730.
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: motion to confirm sale partition california