Section 10161 Of Article 3. Compensation Of Agent, Broker, Or Auctioneer From California Probate Code >> Division 7. >> Part 5. >> Chapter 18. >> Article 3.
10161
. (a) Subject to the provisions of this article, whether or
not the agent or broker has a contract with the personal
representative, the fee, commission, or other compensation of an
agent or broker in connection with a sale of property shall be the
amount the court, in its discretion, determines to be a reasonable
compensation for the services of the agent or broker to the estate.
(b) Unless the agent or broker holds a contract granting an
exclusive right to sell the property, an agent or broker is not
entitled to any fee, commission, or other compensation for services
to the estate in connection with a sale except in the following
cases:
(1) Where the agent or broker produces the original bid which is
returned to the court for confirmation.
(2) Where the property is sold on an increased bid, made at the
time of the hearing on the petition for confirmation, to a purchaser
procured by the agent or broker.
(c) If the agent or broker has a contract with the personal
representative, the amount of the compensation of the agent or broker
in connection with the sale of property shall not exceed the amount
provided for in the contract.