Terms of Sale
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.
- 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.
- If a petition to the court is filed for a hearing to confirm sale (Court Confirmation), an overbid procedure will be followed as part of this legal process. Higher bids may be accepted by the court if they are made in court and they are in the amount of at least 10% more on the first $10,000.00 and 5% more on the amount of the bid in excess of $10,000.00 of the original sales price submitted for confirmation.
The procedure to confirm a sale in court (Court Confirmation) will ALWAYS be an option and at the discretion of the Public Administrator at any time.
A 10% of sales price non-refundable deposit will be required upon winning the bid. 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 bidder on the day of the auction.
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 real estate broker or agent must register their buyer before the start of the auction. The licensee will NOT be entitled to a commission if the licensee is buying as a principal or intends to share the commission with the principal. It is not required for a buyer to be represented by a real estate broker or agent.
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.
If you have additional questions, please call (858) 694-3500 or email Noel.Agarma@sdcounty.ca.gov