[RPPTL-constructionlaw] Request for Expert Names

[Sherry Eisele]

You should speak with a bankruptcy trustee or a CRO in your area.  They deal with different auctioneers all the time and will be able to recommend the best person to offer an expert opinion with knowledge of the relevant market.  The bankruptcy court has to approve an auctioneer used for the sale of estate assets so they have to meet certain standards and be known for achieving the best possible results.

Sherry Lambson-Eisele, Esq.
South Milhausen, P.A.
Gateway Plaza, Suite 1200
1000 Legion Place
Orlando, FL 32801
sleisele at southmilhausen.com<mailto:sleisele at southmilhausen.com>
Tel. (407)539-1638 x 340
Fax. (407)539-2679
Mobile. (407)405-8801
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From: constructionlaw-bounces at lists.flabarrpptl.org [mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of Jeff Price
Sent: Wednesday, June 20, 2012 10:35 AM
To: 'RPPTL constructionlaw'
Subject: [RPPTL-constructionlaw] Request for Expert Names

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<mailto: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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