Started By
Message

Partition of Licitation

Posted on 12/13/14 at 8:01 am
Posted by CharleyLake
Member since Oct 2006
1329 posts
Posted on 12/13/14 at 8:01 am
Is anyone familiar with this? Two of twenty-eight owners want to sell their undivided ownership (in division) as opposed to selling with real estate. They own only about 2% each and want too much for their shares and we cannot move forward with a listing agreement. Would the property be a public sale or a private sale with the other owners?
Posted by rmc
Truth or Consequences
Member since Sep 2004
26585 posts
Posted on 12/13/14 at 9:33 am to
Partition by licitation is partition by sheriff's sale. Unless otherwise agreed to I believe it would be a public sale by the sheriff of the Parish where the property is located. Partition by licitation is an effective tool for buying out co-owners but has a few cons.

First, anyone can bid at a public sale. Daddy Warbucks could come in and outbid the other 26 for the property when the other 26 co-owners actually wanted to keep it.

Second, a sheriff's sale is really not an effective way to sale property. In rural Parishes only a handful of bidders even come. Even in EBRP there might be several dozen, but most of them are focused in on one of the other several dozen properties up for sale. You are unlikely to get market value. In fact, the vast majority of third party bidders (99%) at a sheriff's sale have no plans to come close to market value.

Third, it cost money. The attorney(s). The Clerk of Court. The Sheriff. The appraiser. The newspaper.

If you guys could agree on a 3rd party valuation method and agree to purchase based off of that, the valuation will cost MUCH less than a partition by licitation.
first pageprev pagePage 1 of 1Next pagelast page
refresh

Back to top
logoFollow TigerDroppings for LSU Football News
Follow us on Twitter, Facebook and Instagram to get the latest updates on LSU Football and Recruiting.

FacebookTwitterInstagram