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Official Code of Georgia Annotated

Title 44. PROPERTY · Chapter 6. ESTATES · Article 7. TENANCY IN COMMON · Part 2. PARTITION

44-6-187. Open market sales; brokers and commissions; sealed bids or public sale.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    If the court orders an open-market sale of heirs property, the sale shall be an open-market sale unless the court finds that a sale by sealed bids or a public sale would be more economically advantageous and in the best interest of the cotenants as a group.#

  2. (b)

    If the court orders an open-market sale and the parties, not later than ten days after the entry of the order, agree on a broker to offer the property for sale, the court shall appoint the broker and establish a reasonable commission. If the parties cannot agree on a broker, the court shall appoint a disinterested broker 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 fair market value determined by the court under Code Section 44-6-184 or the valuation of the property agreed upon by the cotenants and on the terms and conditions established by the court.#

  3. (c)

    If the broker appointed under subsection (b) of this Code section obtains within a reasonable time an offer to purchase the property for at least the fair market value determined by the court under Code Section 44-6-184 or the valuation of the property agreed upon by the cotenants:#

    1. (1)

      The broker shall comply with the reporting requirements in Code Section 44-6-188; and#

    2. (2)

      The sale may be completed in accordance with state law other than this subpart.#

  4. (d)

    If the broker appointed under subsection (b) of this Code section cannot obtain within a reasonable time an offer to purchase the property for at least the fair market value determined by the court under Code Section 44-6-184 or the valuation of the property agreed upon by the cotenants, the court, after hearing, shall:#

    1. (1)

      Approve the highest outstanding offer, if any;#

    2. (2)

      Redetermine the value of the property and order that the property continue to be offered for an additional time; or#

    3. (3)

      Order that the property be sold by sealed bids or at a public sale.#

  5. (e)

    If the court orders a sale by sealed bids or a public sale, the court shall set terms and conditions of the sale. If the court orders a public sale, the public sale shall be conducted as a public sale in accordance with Code section 44-6-167.#

  6. (f)

    If a purchaser is entitled to a share of the proceeds of the sale, the purchaser shall be entitled to a credit against the price in an amount equal to the purchaser’s share of the proceeds.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 44-6-187, enacted by Ga. L. 2012, p. 97, § 2/HB 744.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t44-ch1-7-(v31)-pdf.pdf, Volume V31, 2010 edition, 2025 supplement, pages 142 to 143; merge action: added; file SHA-256 a165b4d6b81d.