SECTIONS 10150-10151 - California Statutes

PROBATE CODE

SECTION 10150-10151

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.

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.