What to expect when a court-appointed commissioner conducts a private sale of a co-owner’s share in Florida

Disclaimer: This article is educational only and is not legal advice. Consult a licensed Florida attorney about your specific situation.

Detailed Answer

When co-owners cannot agree about ownership or disposition of real property in Florida, one common route is a partition action under Florida law. The court’s authority and procedures for dividing or selling jointly owned land are found in Florida’s partition statutes (see Florida Statutes, Chapter 64: https://www.flsenate.gov/Laws/Statutes/2024/Chapter64). Here is how the process typically works and what you should expect if a court appoints a commissioner to handle a private sale of a co-owner’s share.

1. How a partition case starts and the court’s options

– Any co-owner may file a partition action asking the court to divide the property. The court first considers whether a partition in kind (physically dividing the land) is practical. If dividing the land is impractical or would substantially reduce the value, the court can order a sale and divide the proceeds.

2. Appointment of a commissioner

– If the court orders sale of the property, it commonly appoints a commissioner (sometimes called a special master or referee) to carry out the sale. The court’s order will define the commissioner’s powers and any limits—such as whether the commissioner may sell at public auction only, or whether the commissioner may conduct a private sale and on what terms.

3. Private sale authority and limits

– A private sale can occur only if the court’s order expressly authorizes it or the parties agree and the court approves. A private sale means the commissioner negotiates directly with a buyer rather than conducting a public auction. Courts sometimes permit private sales when that method is likely to produce the best price or when market circumstances make public auction impractical.

4. Commissioner duties when conducting a private sale

The commissioner generally must:

Follow the court’s order and any statutory rules governing notices and sales.
Market the property in a commercially reasonable manner if the court’s order requires it (advertising, showings, listing with a broker, etc.).
Obtain and document offers; negotiate sale terms within the court’s authorization.
Report the sale to the court and file a written report and accounting showing the sale price, buyer, and how proceeds should be divided.
Deliver a deed and distribute proceeds only after the court confirms the sale and enters a final order.

5. Court confirmation of the sale

– The private sale is not final until the court reviews and confirms it. The court typically schedules a hearing on the commissioner’s report. Co-owners have the opportunity to review the report and object to the sale or to the terms if they believe the sale was not conducted properly or the price is unfair.

6. Remedies and objections

– If you believe the private sale was improper (for example, inadequate marketing, conflict of interest, or an improperly low sale price), you can file objections with the court and request a hearing. Possible remedies include requiring the commissioner to re-advertise or re-list the property, voiding the sale, ordering another sale method (including public auction), or awarding damages if misconduct occurred. If the court has already confirmed the sale, the available remedies become narrower and more time-sensitive.

7. Timing and likely timeline

– Timelines vary by county and case complexity. Expect several steps: filing the complaint, court hearings, appointment of the commissioner, marketing/listing (if applicable), negotiations and sale, filing of the commissioner’s report, and a confirmation hearing. The whole process commonly takes months rather than weeks.

8. What a purchaser receives

– After the court confirms the sale, the purchaser typically receives a court-ordered deed conveying whatever title the parties held, free of partition-related claims. The court’s confirmation removes many clouding claims, but buyers and sellers should confirm title issues with counsel or title professionals.

Practical steps to protect your interests

If a commissioner is appointed and a private sale is possible, take these steps to protect your legal and financial interests:

Hire a Florida real estate attorney experienced in partition actions to represent your interests in court and at hearings.
Ask the court to limit the commissioner’s authority in the order (for example, require court approval of any private sale, require minimum marketing steps, or mandate an appraisal).
Request a written marketing plan and copies of all offers and communications the commissioner receives.
Insist on an independent appraisal or broker opinion of value if you think the property is being undersold.
Require the commissioner to post a bond or provide other safeguards if permitted by the court, to protect against mishandling of funds.
File timely objections to the commissioner’s report if you believe the sale process or price was unfair. Attend the confirmation hearing and bring evidence (comparables, appraisal, marketing records).
Consider negotiating a buyout with the other co-owners before the commissioner completes a sale—often a faster and less expensive resolution.

Statutory authority

Partition actions and the court’s power to divide or sell co-owned real property rest principally in Florida Statutes, Chapter 64. Read that chapter for statutory text and procedures: Florida Statutes, Chapter 64.

Helpful Hints

Do not rely on informal assurances. Get court orders in writing and enforceable language about the commissioner’s authority.
Document everything. Keep copies of court orders, marketing documents, offer letters, and emails from the commissioner or brokers.
Stay proactive. Missing a filing deadline or failing to appear at a confirmation hearing can limit your options later.
Ask for transparency. The court will often require the commissioner to file a detailed report; ask that the court allow you to inspect offers and marketing records before confirmation.
Explore settlement. Buying out a co-owner or selling privately by agreement often saves time and legal costs versus a contested partition sale.
Be realistic about timing and cost. Partition litigation and court-supervised sales can be lengthy and expensive; factor that into any negotiation.

For specific advice about your situation, consult a licensed Florida attorney experienced in partition and real property litigation. They can review the court order, confirm the commissioner’s authority, and help you preserve your rights in court.