§ 64.210

64.210 Open-market sale, sealed bids, or auction.—(1) If the court orders a sale of heirs property, the sale must be an open-market sale unless the court finds that a sale by sealed bids or an auction would be more economically advantageous and in the best interest of the cotenants as a group.(2) If the court orders an open-market sale and the parties, not later than 10 days after the entry of the order, agree on a real estate broker licensed in this state to offer the property for sale, the court shall appoint the broker and establish a reasonable commission. If the parties do not agree on a broker, the court shall appoint a disinterested real estate broker licensed in this state to offer the property for sale and shall establish a reasonable commission. The broker shall offer the property for sale in a commercially reasonable manner at a price no lower than the determination of value and on the terms and conditions established by the court.(3) If the broker appointed under subsection (2) obtains within a reasonable time an offer to purchase the property for at least the determination of value:(a) The broker shall comply with the reporting requirements in s.

inted under subsection (2) obtains within a reasonable time an offer to purchase the property for at least the determination of value:(a) The broker shall comply with the reporting requirements in s. 64.211; and(b) The sale may be completed in accordance with the laws of this state other than this part.(4) If the broker appointed under subsection (2) does not obtain within a reasonable time an offer to purchase the property for at least the determination of value, the court, after hearing, may:(a) Approve the highest outstanding offer, if any;(b) Redetermine the value of the property and order that the property continue to be offered for an additional time; or(c) Order that the property be sold by sealed bids or at an auction.(5) If the court orders a sale by sealed bids or an auction, the court shall set terms and conditions of the sale. If the court orders an auction, the auction must be conducted under part I of this chapter.(6) If a purchaser is entitled to a share of the proceeds of the sale, the purchaser is entitled to a credit against the price in an amount equal to the purchaser’s share of the proceeds.History.—s. 2, ch. 2020-55.