(a) At the hearing, the court shall examine the report and witnesses in relation to the report.
§ 873.730.Hearing; Confirmation Notwithstanding Variance; Vacating Sale and Directing New 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 873.730 lets the court, after examining the referee's report and any witnesses, confirm a sale despite a variance from the prescribed terms if that benefits the parties without substantial prejudice, or vacate the sale and order a new one if the process was unfair, notice was defective, the price was disproportionately low, or a new sale would likely bring materially more money.
Full Text of § 873.730
(b) The court may confirm the sale notwithstanding a variance from the prescribed terms of sale if to do so will be beneficial to the parties and will not result in substantial prejudice to persons interested in the sale.
(c) The court may vacate the sale and direct that a new sale be made if it determines any of the following:
(1) The proceedings were unfair or notice of sale was not properly given. If there is no finding at the hearing of unfairness or improper notice, the sale may thereafter not be attacked on such grounds.
(2) The sale price is disproportionate to the value of the property.
(3) It appears that a new sale will yield a sum that exceeds the sale price by at least 10 percent on the first ten thousand dollars ($10,000) and 5 percent on the amount in excess thereof, determined after a reasonable allowance for the expenses of a new sale.
Plain-English Summary
This section governs the confirmation hearing itself. Subdivision (a) requires the court to examine the report and any witnesses in relation to it, forming the factual record the court's decision rests on.
Subdivision (b) lets the court confirm the sale notwithstanding a variance from the prescribed terms, when doing so will be beneficial to the parties and won't result in substantial prejudice to persons interested in the sale — a practical allowance for minor departures from the original plan.
Subdivision (c) sets out three grounds for vacating a sale and directing a new one instead. The court can find the proceedings were unfair or notice of sale wasn't properly given — though once the court finds no unfairness or improper notice at this hearing, that ground can't be raised later. It can find the sale price disproportionate to the value of the property. Or it can find that a new sale would likely yield materially more money, measured by a specific formula: at least 10 percent more on the first ten thousand dollars of the sale price and 5 percent more on the amount above that, after a reasonable allowance for the expenses of holding a new sale.
Frequently Asked Questions
What does the court do at the confirmation hearing?
Examine the referee's report and any relevant witness testimony.
Can the court confirm a sale that didn't strictly follow the prescribed terms?
Yes, if confirming it will benefit the parties and won't substantially prejudice anyone with an interest in the sale.
On what grounds can the court order a new sale instead of confirming?
If the proceedings were unfair or notice was defective, if the sale price is disproportionate to the property's value, or if a new sale would likely bring in significantly more money under the statute's formula.
What is the formula for showing a new sale would bring in significantly more money?
The new sale must be expected to exceed the confirmed sale price by at least 10 percent on the first $10,000 and 5 percent on the amount above that, after allowing for the expenses of a new sale.
Once the court finds the sale was fair and properly noticed, can that be challenged again later?
No. Section 873.730(c)(1) bars attacking the sale on those grounds once the court has made that finding at the hearing.
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: vacate partition sale californiaconfirm sale despite variance partitionoverbid partition sale california