reglab/housing_qa huggingface dataset:
CA Prob Code § 9645 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 5 - ESTATE MANAGEMENT|CHAPTER 1 - General Provisions|ARTICLE 6 - Transitional Provision|Section 9645.

9645.  (a) Subject to subdivisions (b) and (c), any petition or other matter filed or commenced before July 1, 1988, shall be continued under this part, so far as applicable, except where the court determines that application of a particular provision of this part would substantially interfere with the rights of the parties or other interested persons, in which case the particular provision of this part does not apply and the applicable law in effect before July 1, 1988, applies.(b) Nothing in this part affects any order, judgment, or decree made, or any action taken, before July 1, 1988.(c) Notwithstanding the enactment of this part:(1) An order, judgment, or decree made before July 1, 1988, shall continue in full force and effect in accordance with its terms or until modified or terminated by the court.(2) The validity of an order, judgment, or decree made before July 1, 1988, is determined by the applicable law in effect before July 1, 1988, and not by this part.(3) The validity of any action taken before July 1, 1988, is determined by the applicable law in effect before July 1, 1988, and not by this part.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 10000 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 5 - ESTATE MANAGEMENT|CHAPTER 18 - Sales|ARTICLE 1 - General Provisions|Section 10000.

10000.  Subject to the limitations, conditions, and requirements of this chapter, the personal representative may sell real or personal property of the estate in any of the following cases:(a) Where the sale is necessary to pay debts, devises, family allowance, expenses of administration, or taxes.(b) Where the sale is to the advantage of the estate and in the best interest of the interested persons.(c) Where the property is directed by the will to be sold.(d) Where authority is given in the will to sell the property.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 10001 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 5 - ESTATE MANAGEMENT|CHAPTER 18 - Sales|ARTICLE 1 - General Provisions|Section 10001.

10001.  (a) If the personal representative neglects or refuses to sell the property, any interested person may petition the court for an order requiring the personal representative to sell real or personal property of the estate in any of the following cases:(1) Where the sale is necessary to pay debts, devises, family allowance, expenses of administration, or taxes.(2) Where the sale is to the advantage of the estate and in the best interest of the interested persons.(3) Where the property is directed by the will to be sold.(b) Notice of the hearing on the petition shall be given as provided in Section 1220.(c) Notice of the hearing on the petition also shall be given to the personal representative by citation served at least five days before the hearing.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 10002 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 5 - ESTATE MANAGEMENT|CHAPTER 18 - Sales|ARTICLE 1 - General Provisions|Section 10002.

10002.  (a) Subject to subdivision (b), if directions are given in the will as to the mode of selling or the particular property to be sold, the personal representative shall comply with those directions.(b) If the court determines that it would be to the advantage of the estate and in the best interest of the interested persons, the court may make an order relieving the personal representative of the duty to comply with the directions in the will. The order shall specify the mode and the terms and conditions of selling or the particular property to be sold, or both. The personal representative or any interested person may file a petition for an order under this subdivision. Notice of the hearing on the petition shall be given as provided in Section 1220.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 10003 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 5 - ESTATE MANAGEMENT|CHAPTER 18 - Sales|ARTICLE 1 - General Provisions|Section 10003.

10003.  Subject to Part 4 (commencing with Section 21400) of Division 11 and to Sections 10001 and 10002, if estate property is required or permitted to be sold, the personal representative may:(a) Use discretion as to which property to sell first.(b) Sell the entire interest of the estate in the property or any lesser interest therein.(c) Sell the property either at public auction or private sale.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 10004 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 5 - ESTATE MANAGEMENT|CHAPTER 18 - Sales|ARTICLE 1 - General Provisions|Section 10004.

10004.  (a) Where the personal representative determines in his or her discretion that, by use or relationship, any assets of the estate, whether real or personal, constitute a unit for purposes of sale, the personal representative may cause the property to be appraised as a unit.(b) Whether or not the property is appraised as a unit, the personal representative may sell all the assets described in subdivision (a) as a unit and under one bid if the court finds the sale of the assets as a unit to be to the advantage of the estate.(c) No private sale of the assets as a unit may be made for less than 90 percent of the sum of the appraised values of the personal property and the sum of the appraised values of the real property, appraised separately, or for less than 90 percent of the appraised value if appraised as a unit.(d) If the assets to be sold as a unit include any real property, the sale shall be made in the manner provided for the sale of real property, and the bid and sale are subject to the limitations and restrictions established for the sale of real property. If the assets to be sold as a unit are entirely personal property, the property shall be sold in the manner provided for the sale of personal property.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 10005 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 5 - ESTATE MANAGEMENT|CHAPTER 18 - Sales|ARTICLE 1 - General Provisions|Section 10005.

10005.  (a) If any property in the estate is sold for more than the appraised value, the personal representative shall account for the proceeds of sale, including the excess over the appraised value.(b) If any property in the estate is sold for less than the appraised value and the sale has been made in accordance with law, the personal representative is not responsible for the loss.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 10006 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 5 - ESTATE MANAGEMENT|CHAPTER 18 - Sales|ARTICLE 1 - General Provisions|Section 10006.

10006.  If property in the estate is to be sold as an undivided interest in a cotenancy, the other cotenants may file in the estate proceeding written consent to have their interests sold pursuant to this chapter. Thereafter, the court’s orders made pursuant to this chapter are as binding on the consenting cotenants as on the personal representative.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 10150 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 5 - ESTATE MANAGEMENT|CHAPTER 18 - Sales|ARTICLE 2 - Contract With Agent, Broker, or Auctioneer|Section 10150.

10150.  (a) The personal representative may enter into a written contract with either or both of the following:(1) A licensed real estate broker to secure a purchaser for any real property of the estate. The broker may associate other licensed real estate brokers for this purpose, including use of a multiple listing service as defined in Section 1087 of the Civil Code.(2) One or more agents or brokers to secure a purchaser for any personal property of the estate. If the particular property to be sold or the particular manner of sale requires that the agent or broker be licensed, the contract may be made only with an agent or broker that is so licensed.(b) The contract may provide for payment of a fee, commission, or other compensation out of the proceeds of sale, but the contract is binding and valid as against the estate only for such amount as the court allows pursuant to Article 3 (commencing with Section 10160). No liability of any kind is incurred by the estate under the contract or a sale unless the sale is confirmed by the court, except for the obligations of the estate to the purchaser of personal property as to which title passes pursuant to Section 10259 without court confirmation or approval. The personal representative is not personally liable on the contract by reason of execution of the contract.(c) The contract may grant an exclusive right to sell property for a period not in excess of 90 days if, prior to execution of the contract granting an exclusive right to sell, the personal representative obtains permission of the court to enter into the contract upon a showing of necessity and advantage to the estate. The court may grant the permission when the personal representative is appointed or at any subsequent time upon ex parte application. The personal representative may execute one or more extensions of the contract granting an exclusive right to sell property, each extension being for a period not to exceed 90 days, if for each extension the personal representative obtains permission of the court upon ex parte application to extend the contract upon a showing of necessity and advantage to the estate of the extension.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 10151 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 5 - ESTATE MANAGEMENT|CHAPTER 18 - Sales|ARTICLE 2 - Contract With Agent, Broker, or Auctioneer|Section 10151.

10151.  (a) The personal representative may enter into a written contract with any of the following:(1) Where the public auction sale will be held in this state, an auctioneer who is qualified to conduct business under Title 2.95 (commencing with Section 1812.600) of Part 4 of Division 3 of the Civil Code.(2) Where the public auction sale will be held outside this state pursuant to an order made under Section 10254, an auctioneer who is legally permitted in the jurisdiction where the sale will be held to conduct a public auction sale and to secure purchasers by that method for the personal property authorized to be sold by public auction sale in that jurisdiction under the court order.(b) The contract shall be one that is legally enforceable under the law of the jurisdiction where made.(c) The contract may provide for payment to the auctioneer of a fee, commission, or other compensation out of the proceeds of sale and for reimbursement of expenses, but the contract is binding and valid as against the estate only for such amounts as the court allows pursuant to Section 10167. No liability of any kind is incurred by the estate under the contract or a sale unless the sale is approved by the court, except for the obligations of the estate to the purchaser of personal property as to which title passes pursuant to Section 10259 without court confirmation or approval. The personal representative is not personally liable on the contract by reason of execution of the contract.(d) The contract may provide that personal property of two or more estates being administered by the same personal representative may be sold at the same public auction sale. Items of personal property may be sold separately or in a lot with other items from the same estate. A sale pursuant to the contract shall be with reserve. The auctioneer shall comply with the instructions of the personal representative with respect to withdrawal of items, risk of loss, place of delivery, warranties, and other matters.(Amended by Stats. 2003, Ch. 32, Sec. 10. Effective January 1, 2004.)
CA Prob Code § 10160 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 5 - ESTATE MANAGEMENT|CHAPTER 18 - Sales|ARTICLE 3 - Compensation of Agent, Broker, or Auctioneer|Section 10160.

10160.  The estate is not liable to an agent, broker, or auctioneer under a contract for the sale of property or for any fee, commission, or other compensation or expenses in connection with a sale of property unless the following requirements are satisfied:(a) An actual sale is made.(b) If court confirmation or approval is required, the sale is confirmed or approved by the court as required.(c) The sale is consummated.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 10160.5 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 5 - ESTATE MANAGEMENT|CHAPTER 18 - Sales|ARTICLE 3 - Compensation of Agent, Broker, or Auctioneer|Section 10160.5.

10160.5.  The estate is not liable to an agent or broker under a contract for the sale of property or for any fee, commission, or other compensation or expenses in connection with sale of the property in either of the following cases:(a) Where the agent or broker, directly or indirectly, is the purchaser of the property.(b) Where the agent or broker representing the purchaser to whom the sale is confirmed has any interest in the purchaser.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 10161 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 5 - ESTATE MANAGEMENT|CHAPTER 18 - Sales|ARTICLE 3 - Compensation of Agent, Broker, or Auctioneer|Section 10161.

10161.  (a) Subject to the provisions of this article, whether or not the agent or broker has a contract with the personal representative, the fee, commission, or other compensation of an agent or broker in connection with a sale of property shall be the amount the court, in its discretion, determines to be a reasonable compensation for the services of the agent or broker to the estate.(b) Unless the agent or broker holds a contract granting an exclusive right to sell the property, an agent or broker is not entitled to any fee, commission, or other compensation for services to the estate in connection with a sale except in the following cases:(1) Where the agent or broker produces the original bid which is returned to the court for confirmation.(2) Where the property is sold on an increased bid, made at the time of the hearing on the petition for confirmation, to a purchaser procured by the agent or broker.(c) If the agent or broker has a contract with the personal representative, the amount of the compensation of the agent or broker in connection with the sale of property shall not exceed the amount provided for in the contract.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 10162 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 5 - ESTATE MANAGEMENT|CHAPTER 18 - Sales|ARTICLE 3 - Compensation of Agent, Broker, or Auctioneer|Section 10162.

10162.  (a) Subject to subdivision (b), where the bid returned to the court for confirmation is made by a person who is not represented by an agent or broker and the successful bidder is represented by an agent or broker, the compensation of the agent or broker who procured the purchaser to whom the sale is confirmed shall not exceed one-half of the difference between the amount of the bid in the original return and the amount of the successful bid.(b) This section does not limit the compensation of the agent or broker who holds a contract under Section 10150 granting him or her the exclusive right to sell the property.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 10162.3 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 5 - ESTATE MANAGEMENT|CHAPTER 18 - Sales|ARTICLE 3 - Compensation of Agent, Broker, or Auctioneer|Section 10162.3.

10162.3.  (a) This section applies if all of the following circumstances exist:(1) There is no agent or broker holding a contract under Section 10150 granting the exclusive right to sell the property.(2) The bid returned to court for confirmation is made by a purchaser represented by an agent or broker.(3) The court confirms the sale to that purchaser either on the bid returned to court for confirmation or on an increased bid made at the time of the hearing on the petition for confirmation.(b) If all the circumstances described in subdivision (a) exist, the court shall allow the agent or broker who procured the purchaser to whom the sale is confirmed the compensation determined under Section 10161 on the full amount for which the sale is confirmed.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 10162.5 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 5 - ESTATE MANAGEMENT|CHAPTER 18 - Sales|ARTICLE 3 - Compensation of Agent, Broker, or Auctioneer|Section 10162.5.

10162.5.  Subject to Section 10162.6, where an agent or broker holds a contract under Section 10150 granting the exclusive right to sell the property, the court shall allow to the agent or broker holding the contract the compensation determined under Section 10161 on:(a) The full amount for which the sale is confirmed in either of the following circumstances:(1) The bid returned to the court for confirmation is made by a purchaser who is not represented by an agent or broker and the court confirms the sale to that purchaser on that bid.(2) The bid returned to the court for confirmation is made by a purchaser who is represented by the agent or broker holding the contract and the court confirms the sale to that purchaser on an increased bid made at the time of the hearing on the petition for confirmation.(b) The amount of the original bid if both of the following circumstances exist:(1) The bid returned to court for confirmation is made by a purchaser who is not represented by an agent or broker or who is represented by the agent or broker holding a contract under Section 10150 granting the exclusive right to sell the property.(2) The court confirms the sale on an increased bid, made at the time of the hearing on the petition for confirmation, to a purchaser who was not procured by a bona fide agent or broker.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 10162.6 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 5 - ESTATE MANAGEMENT|CHAPTER 18 - Sales|ARTICLE 3 - Compensation of Agent, Broker, or Auctioneer|Section 10162.6.

10162.6.  (a) This section applies if both of the following circumstances exist:(1) An agent or broker holds a contract under Section 10150 granting the exclusive right to sell the property.(2) The contract provides that no compensation is payable to the agent or broker holding the contract if sale is confirmed to a particular purchaser named in the contract.(b) If the court confirms the sale to the purchaser named in the contract, whether on an original bid returned to the court or on an increased bid made at the time of the hearing on the petition for confirmation, the compensation of any agents or brokers involved in the sale is determined as provided in this article, except that no compensation is payable to the agent or broker holding the contract.(c) If the court confirms the sale to a purchaser other than the person named in the contract, whether on an original bid returned to the court or on an increased bid made at the time of the hearing on the petition for confirmation, the compensation of the agent or broker holding the contract, and of any other agents or brokers involved in the sale, is determined under this article as if the limitation in the contract did not exist.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 10162.7 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 5 - ESTATE MANAGEMENT|CHAPTER 18 - Sales|ARTICLE 3 - Compensation of Agent, Broker, or Auctioneer|Section 10162.7.

10162.7.  (a) Subject to Section 10162.6, this section applies if all of the following circumstances exist:(1) There is an agent or broker holding a contract under Section 10150 granting the exclusive right to sell the property.(2) The bid returned to court for confirmation is made by a purchaser procured by another agent or broker.(3) The court confirms the sale to that purchaser either on the bid returned to court for confirmation or on an increased bid made at the time of the hearing on the petition for confirmation.(b) If all the circumstances described in subdivision (a) exist, the court shall allow the compensation determined under Section 10161 on the full amount for which the sale is confirmed. The compensation allowed by the court shall be divided between the agent or broker holding the contract and the other agent or broker as is provided in any agreement between the agent or broker holding the contract and the other agent or broker. If there is no agreement, the compensation on the amount of the original bid returned to the court shall be divided equally between the agent or broker holding the contract and the other agent or broker and, if the sale is confirmed on an increased bid, the other agent or broker shall be paid all of the compensation on the difference between the original bid and the amount for which the sale is confirmed.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 10163 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 5 - ESTATE MANAGEMENT|CHAPTER 18 - Sales|ARTICLE 3 - Compensation of Agent, Broker, or Auctioneer|Section 10163.

10163.  Subject to Sections 10162 and 10162.6, where the original bid returned to the court for confirmation was made by a purchaser who was not procured by an agent or broker, the court shall allow the compensation determined under Section 10161 on the full amount for which the sale is confirmed to the agent or broker who procured the purchaser to whom the sale is confirmed if either of the following conditions is satisfied:(a) The court confirms a sale on an increased bid, made at the time of the hearing on the petition for confirmation, to a purchaser procured by an agent or broker holding a contract under Section 10150 granting the exclusive right to sell the property.(b) There is no agent or broker holding a contract under Section 10150 granting the exclusive right to sell the property and the court confirms a sale on an increased bid, made at the time of the hearing on the petition for confirmation, to a purchaser procured by a bona fide agent or broker.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 10164 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 5 - ESTATE MANAGEMENT|CHAPTER 18 - Sales|ARTICLE 3 - Compensation of Agent, Broker, or Auctioneer|Section 10164.

10164.  (a) This section applies only where the court confirms a sale on an increased bid, made at the time of the hearing on the petition for confirmation, to a purchaser who was not procured by a bona fide agent or broker.(b) Except as provided in subdivision (c), the court shall allow the compensation determined under Section 10161 on the amount of the original bid to the agent or broker whose original bid was returned to the court.(c) If an agent or broker holds a contract under Section 10150 granting the exclusive right to sell the property and the original bid returned to the court is made by a purchaser who was procured by another agent or broker, the compensation determined under Section 10161 on the amount of the original bid shall be divided between the agent or broker holding the contract and the other agent or broker as is provided in any agreement between the agent or broker holding the contract and the other agent or broker. If there is no agreement, the compensation shall be divided equally between the agent or broker holding the contract and the other agent or broker.(Enacted by Stats. 1990, Ch. 79.)