Estate of Brown
Opinion
Opinion
Gary Wayne Burger and Corbitt, Burger & Bruce for Objector and Appellant.
Wallace Dorman and Dorman & Dorman for Petitioner and Respondent.
OPINION
BUTLER, J.
Rodger Barwick appeals from a probate court order reducing his broker's commission on the sale of real property by James W. Coulsby, Jr., administrator of decedent Ralph L. Brown's estate. We shall affirm.
Coulsby entered into a written contract with Golden Investment and Property Management (Golden) to secure a purchaser for decedent's real property located in Lemon Grove, California. Golden obtained an offer of $412,000 for the property from William and Mareta Harding. February 19, 1986, Coulsby petitioned the court to confirm the sale to the Hardings and to approve Golden's 6 percent commission amounting to $24,720.
At the confirmation hearing, Barwick, a licensed real estate broker, presented an increased bid for $433,100 on behalf of Kenneth and Violet Barwick. Barwick also requested the court fix commissions payable to him as agent for the overbidder at $13,626. [1] The court issued an order confirming the sale to the overbidders and postponing determination of brokers' commissions.