[RPPTL-constructionlaw] Request for Expert Names

Mark Fisher fisher at fbswlaw.com
Wed Jun 20 08:08:57 PDT 2012


Ryan Gleichowski
Broker Associate
American Heritage Auctioneers, LLC
5055 SW 91st Terrace
Gainesville, FL 32608
352-519-3130 office
352-246-1030 cell
RYANG4427 at GMAIL.COM

Mark S. Fisher, Esq.
Fisher, Butts, Sechrest & Warner PA
Supreme Ct Certified Circuit Civil Mediator
Board Certified Construction Attorney
www.fbswlaw.com
352-373-5922











On Jun 20, 2012, at 10:34 AM, Jeff Price wrote:

> I have a curious case (are there any others?) in which I need an  
> expert to opine on how auctions of real property work in Florida.
>
> The basic facts are that there was a Seller who sold four adjoining  
> beach-view condominiums at a no-reserve auction.
> There were 37 registered bidders.
> Each unit was sold separately; in other words, each unit was put up  
> for auction after the previous one.
> Prior to the sale of the first unit, the Seller signed a document  
> permitting the auction to start.
> After the first unit was auctioned and the bidding closed on that  
> unit, the Seller was required to sign a document accepting the sale  
> price of the unit.
> He was then required to sign another document to allow the second  
> unit to proceed to auction.
> This was repeated for each unit until all four were auctioned off.
>
> The auction company is not being sued and did nothing wrong.
>
> Years later, the Seller claimed in a lawsuit that he did not receive  
> full value at the auctions because neighbors did something dastardly  
> on the day of the auction that “chilled” the auction bidding; they  
> put up for sale signs on their property hoping to attract buyers who  
> might not have won at auction, but still wanted property in the  
> development. The auctioneer has stated that he knew of the signs  
> prior to the start of the auction. The Seller has testified that he  
> knew of the signs prior to the start of the auction. The auctioneer  
> has testified that such sign are a usual occurrence because  
> homeowners, realtors and brokers see the advertising for the auction  
> and attempt to piggyback on the traffic.
>
> What I need is a person who has knowledge of real property auctions,  
> how they work, what the atmosphere is like, what the results usually  
> are and the vagaries of the process. Anybody have a suggestion?
>
> As long as they hold a Florida Auction license, or have sold Florida  
> property I am good with them. Preference would be if they have sold  
> beachfront property or large, upscale properties.
>
> Thank you.
> You can respond directly to jeff at npw-law.com so as to not bore the  
> other members.
>
> Jeffrey L. Price, Atty.
> Florida Bar Board Certified in Construction Law
> http://npw-law.com
>
> Niesen|Price|Worthy|Campo|Frasier&Blakey, PA
> 5216 SW 91st Dr., Gainesville, FL 32608
> Ph 352 373-9031   Fax 352 373-9099
>
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