Estate Sale Terms & Conditions

County of San Diego

Please review the following information carefully regarding estate sales conducted by the San Diego Public Administrator, represented by Brian Lewis, the official real estate contractor for probate property listings.

The Public Administrator/Guardian Office will be assigning properties to us and we will be assigning probate properties to the MLS.

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Potential Legal Processes for Buyers

1. Notice of Proposed Action (NOPA)
In some cases, the estate administrator may use a “Notice of Proposed Action” (NOPA) process instead of requiring court confirmation. This procedure allows the administrator to notify all parties about the property sale, including the price and terms. By using NOPA, the sale process can proceed without court petition, streamlining the transaction and avoiding the over-bid procedure common in court-confirmed sales.

2. Court Confirmation
The buyer must provide a non-refundable deposit equal to 10% of the sales price upon winning the bid. This deposit must be made by cash, cashier’s check, or certified check payable to the “Public Administrator.” Additionally:

  • The sale is contingent upon the estate providing the buyer with a Title Insurance Policy showing the property is free of encumbrances, subject to recorded restrictions and easements.
  • No termite clearance will be provided.
  • The successful bidder will receive a probate purchase contract and deposit receipt on the day the deposit is submitted.

Important Buyer Information

When purchasing a property, you are advised to:

  • Rely on your own research and inspections regarding zoning, permitted uses, physical condition, size, and other factors.
  • Understand that properties are sold in “AS IS” condition with no warranties, representations, or assurances from the San Diego Public Administrator’s Office, its agents, or employees.

Property Appraisals

All probate properties are appraised by San Diego County Probate Referees, assigned by the Superior Court of California. These referees are independent of the Public Administrator’s Office.

Please note that all information is based on reliable sources but not guaranteed. Announcements made on the day of sale will take precedence.

Official Contractor for Public Administrator County of San Diego

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