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Fullerton Partition Lawyers

Fullerton is a city in Orange County, southern California with a very competitive housing market. As such, many persons may be interested in purchasing property as part of a partition sale. Generally, Fullerton Partition Attorneys usually find partition action to be the best remedy for disputing joint owners in four broad categories:

  • Parent-Child shared tenants in common in real estate; 
  • Brother-Sister shared tenants in common in real estate; 
  • Investor-Investor shared tenants in common in real estate; and 
  • Significant others shared tenants in common in real estate;

An experienced Fullerton Partition Lawyer will be familiar with the ins-and-outs of partition sales. When a seller at a partition sale misleads a buyer at partition sale by any error, mistake, or false statement, a court will not confirm the sale. (Hammond v. Cailleaud (1896) 111 Cal. 206.) As such, if the court concludes that the proceedings were unfair or that notice was not appropriately given, then the law permits the court to vacate the sale of the property and order that a new sale occur. That said, if a judge finds that there was no unfairness or lack of notice, the sale is immune from attack on those grounds. (CCP § 873.730(b)(1).)

A knowledgeable Fullerton Partition Attorney will also be familiar with the bidding process in a partition action. For example, a judge has the power to vacate a sale and order a new sale to occur if the sale price is disproportionate to the value of the property or there is evidence that a new sale could lead to a sale price at least 10% higher on the first $10,000 and 5% on the excess amount, taking deductions for expenses of the new sale into consideration. (CCP § 873.730(c)(3).)

When a judge analyzes a sale price, it will examine the property’s value when the sale occurred, and not when the price is confirmed, unless those are very close in time. (see Dunn v. Dunn (1902) 137 Cal. 51.) If the owners do not object to confirmation of the sale, however, then they cannot later object to its sufficiency. (Hammond v. Cailleaud (1896) 111 Cal. 206.)

Nevertheless, an experienced Fullerton Partition Lawyer will also be aware of what may occur if the bidder fails to pay the full price. In that instance, the law allows the partition referee may order the property to be re-sold and sue the buyer for damages for the difference in price. (CCP § 873.760.) In that case, a judge can order the property sold at the defaulting bidder’s risk, and a buyer who has notice of the sale is bound by it. That said, a buyer who lacks notice, could later move to vacate or modify the order. (Hammond v. Cailleaud (1896) 111 Cal. 206.)

When the later sale is substantially less than the first sale, and there is no real reason for the difference in the price other than the sale terms, then it is possible that the difference between the court should consider the difference in sale terms. (CCP § 873.640(d); see Hammond v. Cailleaud (1896) 111 Cal. 206.)

At the Underwood Law Firm, our Fullerton Partition Attorneys are well versed in the legal remedy of partition, and the accounting portion, and are ready to assist you.

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