The estate becomes liable for the listing broker‘s commission only after all three of the following have occurred:
- An actual sale is made;
- The sale is confirmed by the court unless the sale is conducted under IAEA; and
- The “sale is consummated.”
(Cal. Prob. Code § 10160.)
Hence, brokers are never entitled to a commission in a probate sale until the estate receives the purchase price, the deed is transferred to the buyer and a mortgage or deed of trust is taken for payments due in the future (Cal. Prob. Code § 10160 (Law Revision Comm’n Comment)).