Guam § 2325 - Sales in General: Contracts to Find Purchaser; Commission;
Full text of Guam Guam Code Annotated § 2325 — Sales in General: Contracts to Find Purchaser; Commission;, with citation guidance and answers to common questions.
§ 2325. Sales in General: Contracts to Find Purchaser; Commission;
Exclusive Right to Sell; Effect of Confirmation; Liability on
Contract; Sales on Increased Bid at Confirmation Hearing;
Commission.
COL120106
CH. 23 PERSONAL REPRESENTATIVE’S DEALINGS WITH ESTATE PROPERTY
(a) The personal representative may enter into a written contract
with any bona fide agent or broker, or multiple group of bona fide agents
or brokers, to secure a purchaser for any real or personal property of the
estate, which contract may provide for the payment of a commission out
of the proceeds of the sale. Such contract may additionally grant an
exclusive right to sell property of the estate for a period not in excess of
ninety (90) calendar days if, prior to the execution of the contract
granting such an exclusive right to sell, the personal representative
obtains the permission of the Superior Court of Guam to enter into such
an agreement upon a showing of necessity and advantage to the estate
and those interested therein; and such permission may be granted by the
Superior Court of Guam when the personal representative is appointed or
qualified, or at any subsequent time upon an ex parte application by the
personal representative.
(b) When a sale secured pursuant to the provisions of subsection (a)
of this Section is confirmed to the purchaser, the contract provided in
subsection (a) of this Section shall be binding and valid against the estate
for an amount to be allowed by the Superior Court. By the execution of
any such contract no personal liability shall attach to the personal
representative, and no liability of any kind shall be incurred by the estate
unless an actual sale is made and confirmed by the Superior Court.
(c) In case of sale on an increased bid made at the time of the
confirmation hearing to a purchaser not procured by the agent or broker
holding a contract such as that provided in subsection (a) of this Section,
the Superior Court shall allow a commission on the full amount for
which the sale is confirmed, one-half (2) of such commission on the
amount of the original bid to be paid to the agent or broker whose bid
was returned to the Superior Court for confirmation and the balance of
the commission on the amount of the purchase price to the agent or
broker, if any, who procured the purchaser to whom the sale is
confirmed. If, however, the successful bidder is not procured by a bona
fide agent or broker, then the agent or broker holding such contract shall
be allowed a full commission on the amount of the original bid returned
by such agent or broker.
(d) Where an original bid is made by a purchaser directly to the
personal representative, and thereafter at the confirmation hearing an
increased bid is made by a bona fide agent or broker holding a contract
such as that provided in subsection (a) of this Section, and such increased
COL120106
CH. 23 PERSONAL REPRESENTATIVE’S DEALINGS WITH ESTATE PROPERTY
bid results in the confirmation and sale of the property at such increased
bid, the Superior Court shall allow a commission to the agent or broker
who procured the increased bid, which commission shall be fixed by the
Superior Court at such amount as the Superior Court, in its discretion,
finds will be reasonable compensation for the services of such agent or
broker to the estate.
Source: official Guam text · Last verified 2026-08-27
Frequently Asked Questions About Guam § 2325
What does Guam Code Annotated § 2325 cover?
Section 2325 ("Sales in General: Contracts to Find Purchaser; Commission;") is part of the Guam Code Annotated, the codified statutory law of Guam. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Guam § 2325?
A common citation format is "Guam Code Annotated § 2325" (Guam). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Guam law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Guam official source linked on this page or consult a licensed Guam attorney.
How does Guam § 2325 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Guam can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Guam.