The court may make orders relating to the closing of a sale after confirmation, including escrow and closing provisions and, if the referee and purchaser so agree and the court upon noticed motion determines it will not result in substantial prejudice to the parties, may make adjustments varying the terms of sale based on after-discovered defects.
§ 873.780.Orders Relating to Closing of Sale After Confirmation
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 873.780 lets the court issue orders governing the closing of a sale after confirmation, including escrow arrangements, and, if the referee and purchaser agree and the court finds on noticed motion that no party will be substantially prejudiced, adjust the sale's terms to account for defects discovered after confirmation.
Full Text of § 873.780
Plain-English Summary
Closing a confirmed sale often involves practical details the confirmation order alone doesn't cover. This section lets the court make orders relating to the closing of a sale after confirmation, including escrow and closing provisions needed to complete the transaction.
It also addresses a real-world wrinkle: sometimes an inspection or title review after confirmation turns up a defect that wasn't known when the sale was confirmed. Rather than requiring the whole sale to be unwound, this section lets the referee and purchaser agree to adjustments varying the terms of sale based on those after-discovered defects.
That flexibility comes with a check. The court has to determine, upon noticed motion, that the adjustment will not result in substantial prejudice to the parties — protecting the interests of co-owners who aren't part of the referee-purchaser agreement before the terms change.
Frequently Asked Questions
What kind of orders can the court make about closing a confirmed sale?
Orders covering escrow and other closing provisions needed to complete the transaction.
Can the sale terms be changed after confirmation if a problem with the property turns up?
Yes, if the referee and purchaser agree to the adjustment and the court finds, after a hearing on noticed motion, that it won't result in substantial prejudice to the parties.
Is a hearing required for that kind of adjustment?
Yes, the court must make that finding through a noticed motion.
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: closing partition sale after confirmation californiaafter-discovered defects partition sale