California Code of Civil Procedure 873.745 is the California partition statute that gives the court authority to fix, limit, or divide agents’ commissions. The statute provides that:
The amount of agents’ commissions on the sale, if any, shall be fixed by the court and divided or limited in the manner provided for private sales of real property in decedents’ estates.
California Code of Civil Procedure 873.745
Realtors are often hired to force the sale of property, are hired by referees, appointed by the court, or upon agreement of the parties in a partition action.
Law Revision Commission Comments to California Code of Civil Procedure § 873.745
In 1976, the California Legislative Committee explained California Code of Civil Procedure § 873.745 as follows:
Section 873.745 is new; it codifies the court’s general authority to fix and, where necessary, limit and divide agents’ commissions. See Section 873.110 (services of third persons). For statutory provisions as to agents’ commissions in private sales of real property in probate, see Probate Code Sections 760, 761, 761.5, and 785.
Contact an Experienced Partition Attorney in California
If you want to end your co-ownership relationship, but your co-owner won’t agree, a partition action is your only option. Our knowledgeable partition lawyers have years of experience ending co-ownership disputes and can help you unlock the equity in your property. For a free, 15-minute consultation with an experienced partition attorney at Talkov Law, call (844) 4-TALKOV (825568), email us at info(at)talkovlaw.com, or fill out a contact form online. Contact Talkov Law today to find out how you can pay nothing today and have your legal fees paid from the proceeds of sale of your property!
