Patterson v. Greenberg

Statement of the Case

This is an appeal from an order of the Probate Division of the San Francisco Superior Court confirming the sale of a medical office build ing located at 525 Spruce Street, San Francisco. The building was sold by the executors of the estate of Jefferson Patterson, deceased, to the former tenants (and present owners) of the building, who had leased it from the decedent several months before his death. Prior to the sale, the executors and the lessees had agreed upon a price of $410,000; but the trial court—over the lessees’ objection—determined to receive public bids on the property, which raised the price to $530,000. In its order confirming the sale to the lessees at that higher price, the trial court deleted all reference to real estate brokerage commissions. On appeal, the lessees (who purchased the property) contend that the trial court erred in requesting public bids; and the brokerage firm (with which the executors had an exclusive listing agreement) contends that the trial court erred in failing to fix the amount of its fee.

We affirm the trial court’s action in requesting public bids and reject lessees’ contentions on appeal, but we remand as…