If the purchaser, after the confirmation of the sale, fails to pay the sale price, the purchaser is subject to the court's jurisdiction and to further proceedings in the action. Upon such failure, a party, or the referee, may upon notice move the court to order either of the following forms of relief:
§ 873.760.Failure of Purchaser to Pay Sale Price
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 873.760 lets a party or the referee move the court, on notice, for relief when a confirmed purchaser fails to pay the sale price, either a resale with the referee entitled to recover any resulting loss and attorney's fees from the defaulting purchaser, or a lawsuit against the purchaser for the sale price itself, with attorney's fees if the referee wins.
Full Text of § 873.760
(a) Resale of the property upon notice as provided in this chapter. If any loss is occasioned thereby, the referee may recover the amount of such loss and costs and expenses incurred, including a reasonable attorney's fee, from the purchaser who failed to pay.
(b) Maintenance by the referee of an action against the purchaser for the amount of the sale price. If the referee recovers judgment, the referee shall be awarded a reasonable attorney's fee against the purchaser.
Plain-English Summary
A confirmed sale can still fall through at the payment stage. This section addresses that possibility directly: if the purchaser, after confirmation of the sale, fails to pay the sale price, the purchaser remains subject to the court's jurisdiction and to further proceedings in the action.
A party or the referee may then move the court, upon notice, for one of two forms of relief. Subdivision (a) allows a resale of the property under the notice procedures this chapter otherwise requires; if that resale results in a loss, the referee may recover the amount of that loss, along with costs and expenses, including a reasonable attorney's fee, from the purchaser who failed to pay.
Subdivision (b) offers an alternative: the referee can instead maintain an action against the defaulting purchaser for the amount of the sale price itself, and if the referee recovers judgment, the referee is awarded a reasonable attorney's fee against that purchaser. Which remedy makes more sense often depends on practical considerations — whether the market still supports a strong resale price, or whether pursuing the purchaser directly for the money owed is the more promising path.
Frequently Asked Questions
What happens if a confirmed purchaser doesn't pay the sale price?
The purchaser remains subject to the court's jurisdiction, and a party or the referee can move the court for relief.
What relief is available when a purchaser defaults on payment?
Either a resale of the property, with the defaulting purchaser liable for any resulting loss plus costs and a reasonable attorney's fee, or a lawsuit by the referee against the purchaser for the full sale price.
Does the referee recover attorney's fees in either scenario?
Yes. A resale that results in a loss and a successful suit for the sale price both provide for a reasonable attorney's fee against the defaulting purchaser.
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: purchaser default partition sale californiafailure to pay sale price partition