Auction Rules

Real Property Purchasing Rules and Procedures

  • Open oral bidding (auction) will be conducted until the highest net bidder is determined. The oral bid, to be acceptable, must be put in writing and the appropriate deposit presented. Sealed bids, accompanied with deposit may be submitted on forms provided by the Public Administrator / Public Guardian (PA/PG) in advance of the sale date and time, but are not required if you attend the auction. The PA/PG reserves the right to refuse any and all bids and/or entry into the auction.
  • Minimum deposit is payable only by cashier’s check made payable to yourself (your name). Prospective bidders will be required to show that they have the required deposit with them to qualify as valid bidders. If the winning bidder is requesting the property be held in the name of an entity, sufficient documentation is required.
  • In some instances, due to typographical errors, minimum bid dollar amounts may be incorrectly stated in our publications. The PA/PG reserves the right to correct these errors by verbally announcing at the time of the auction correct minimum bid for any parcel or property listed on this auction flyer.
  • Sale is not contingent upon the buyer obtaining financing. Buyer must arrange for and pay all costs pertaining to financing, including assignments, assumption fees, transfer fees and points. Terms of sale are cash to the estate. The PA/PG is not responsible for the payment of realtor or broker fees.
  • Property will be sold "AS IS" with no representations or warranties expressed or implied as to the condition of the property or the title thereto. Seller assumes no responsibility or liability for any patent or latent defects, which may hereafter, be ascertained. No termite clearance is given. Buyers are responsible for ascertaining the zoning for each parcel.
  • In the event a property is not sold at the above date and time the unsold property will be offered for sale at the Public Administrator / Public Guardians office (see address above) at the minimum bid amount on the following Thursday. Interested buyers will be registered the following Thursday from 12:00 noon until 12:30 PM. Bidders will not be allowed entry after 12:30 PM. If multiple parties attend, open oral bidding (auction) will begin at 12:30 PM. If the property is not sold, this procedure will continue every Thursday until the property is sold or court disposition is made.
  • Most sales will be confirmed in Probate Court and are subject to overbidding at that time (California Probate Code Sections 10310-10313). Any exceptions to the overbid requirement will be announced at the auction sale. The sale shall be subject to an escrow of fifty-five (55) days or less. The escrow period is based on the opening of an escrow and not the auction/sale date. Pursuant to Probate Code Section 10350, failure to close escrow will result in buyer being liable for expenses incurred in resale and the deficiency should property be resold for a lesser amount.
  • Additional MOBILE HOME Information: Taxes, License, Registration, Etc. are the responsibility of the buyer. It is suggested that persons interested in buying these mobile homes contact the park managers prior to the sale time and date, regarding retention in or removal from the park subsequent to the sale. The unit is being sold “WHERE IS” and it is the responsibility of the buyer to arrange for the mobile home remaining in its present location or having it removed as may be required.

Notice

If you are an employee of the Orange County Public Administrator / Public Guardian or County Counsel or a Contractor with one of these County Departments, certain code Sections might preclude your bidding on and purchase of property sold at an Orange County Public Administrator / Public Guardian auction. A relative who is acting on behalf of such a party might also be precluded. Please consult with your private attorney prior to any such bid or purchase if you believe that you fit into one of these categories.

WARNING: The applicable code sections include criminal and civil penalties and prohibitions in addition to other code sections.

California Probate Code Section 10160.5

Broker Who Is or Has Interest In Purchaser

The estate is not liable to an agent or broker under a contract for the sale of property or for any fee, commission, or other compensation or expenses in connection with sale of the property in either of the following cases:

  1. Where the agent or broker, directly or indirectly, is the purchaser of the property.
  2. Where the agent or broker representing the purchaser to whom the sale is confirmed has any interest in the purchaser.