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Suing my sibling to partition Mom's house. Have good offer to buy. Can the judge order we skip the auction and sell to my buyer?

Tampa, FL |

The buyer is paying fair value and all other heirs want to sell at this price. But there is one sibling who won't communicate at all and won't sign anything helpful under any circumstances. The sibling contested the will and failed to show up. She hasn't answered certified mail for a year or more. The same has held us up for months on end, even with an offer and sales contract in hand, she won't budge, even when it hurts her. So must sell somehow. Does that automatically mean auction? Can't the judge rule that the house be sold by a realtor?

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Attorney answers 1


You can ask the court for a private sale rather than a public sale. This is common because courthouse auctions generally produce smaller prices than listing the property with a broker. You should consult the lawyer representing you in the partition action about how to accomplish this.

Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.

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