Prob. Code, § 10350 · Article 7. Vacating Sale for Purchaser’s Default; Liability of Defaulting Purchaser for Damages
Prob. Code, § 10350
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) If after court confirmation of sale of real or personal property the purchaser fails to comply with the terms of sale, the court may, on petition of the personal representative, vacate the order of confirmation, order a resale of the property, and award damages to the estate against the purchaser.
(b) Notice of the hearing on the petition shall be given as provided in Section 1220 to the persons designated by that section and the notice and a copy of the petition shall be given to the buyers and brokers named in the order confirming sale, except that notice need not be given to a defaulting purchaser whose written consent to the petition is filed with the court before the hearing.
(c) Notice of the resale of the property shall be given as provided in this chapter for a sale of the property in the first instance.
(d) Proceedings after notice of the resale shall be as provided in this chapter for a sale of the property in the first instance.
(e) If the property is resold, the defaulting purchaser is liable to the estate for damages equal to the sum of the following:
(1) The difference between the contract price of the first sale and the amount paid by the purchaser at the resale.
(2) Expenses made necessary by the purchaser’s breach.
(3) Other consequential damages.
Notes and commentary — not statutory text
History
Amended by Stats. 1992, Ch. 871, Sec. 12. Effective January 1, 1993.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=10350.
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- sha256 5530b52b145dad823a7d99c8749ba44734c146185235076aa84801df82d05d2f
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- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
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