San Diego — Estate Sale Terms and Conditions

Source: https://www.sandiegocounty.gov/content/sdc/hhsa/programs/ais/Services/Probate-Real-Estate-Sale/Estate-Sale-Terms-Conditions.html

Estate Sale Terms and Conditions

Please read the following carefully.

The Public Administrator/Guardian office will be listing probate

properties through the Multiple Listing Services (MLS). Each property

will be on a SentriLock lockbox. Please contact a broker or real

estate agent of your choice to view each property.

The successful buyer MAY be subject to two different legal processes.

Notice of Proposed Action

A noticing procedure called; “Notice of Proposed Action” (NOPA) may

be utilized in place of court confirmation. The (NOPA) allows the

administrator of the estate to advise all noticed parties that the

sale of real property has taken place with a description of the price

and terms of sale. This procedure allows the administrator to move

more quickly through the legal process in obtaining acceptances from

all noticed parties. If the (NOPA) is utilized, a petition to the

court to confirm the sale will not take place. This would eliminate

the over-bid procedure inherent to the court confirmation process.

Court Confirmation

A 10% of sales price non-refundable deposit will be required upon

winning the offer. The 10% non-refundable deposit must be in the form

of cash, cashier’s check, or certified check payable to the “Public

Administrator”. The sale of each property is contingent on the

estate’s being able to furnish the buyer a Policy of Title Insurance

showing the property to be free of any encumbrances of record, subject

to restrictions and easements of record. Termite clearance will NOT be

given. A probate purchase contract and a deposit receipt will be given

to the successful offer on the day of submission of deposit.

Please be advised that you are basing your purchase of an offered

property solely on your findings and research, that you have satisfied

yourself as to the zoning, usage’s, physical condition inside and out,

size and other information that might affect your decision to purchase

this property. You understand that you are buying this property in

“AS IS” condition with no warranties, usage’s or conditions, (physical

or otherwise), written, implied or expressed by the San Diego County

Public Administrator’s Office and its agents or employees.

A real estate broker or agent who represents a buyer will generally

receive a commission of 2.5% of the purchase price, awarded by the

court. Commission will be paid at the close of escrow.

The San Diego County Probate Referees appraise all listed

properties. Referees are assigned to each estate by the Superior

Court of California, and are not affiliated with the Public

Administrators office.

All descriptions and information are derived from reliable sources,

but no guarantee is expressed or implied. Announcements made on the

day of sale will take precedence.

Additional Information:

If you have additional questions, please call (800) 339-4661 or email

PAPG.HHSA@sdcounty.ca.gov

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