Section 10350 Of Article 7. Vacating Sale For Purchaser’s Default; Liability Of Defaulting Purchaser For Damages From California Probate Code >> Division 7. >> Part 5. >> Chapter 18. >> Article 7.
10350
. (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.