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DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS 7000-12591›PART 5. ESTATE MANAGEMENT 9600-10382›CHAPTER 18. Sales 10000-10382›ARTICLE 3. Compensation of Agent, Broker, or Auctioneer 10160-10168

§ 10164

California Probate Code · 2026-09 edition · updated 2026-10-03 · California

(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.)

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California Probate Code

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