Detailed Answer: When and how Florida courts appoint a commissioner to handle a private sale in a partition action

Short answer: Yes — under Florida law a party can ask the court to appoint a commissioner (sometimes called a commissioner or special master) to carry out a sale in a partition action, including a sale under privately negotiated terms. The court has discretion to allow a private sale only if the sale is fair, the partition in kind is impracticable or prejudicial, and all statutory and procedural protections (notice, disclosures, appraisal or confirmation, and possible bond or accounting) are satisfied. See Florida’s partition statutes: Chapter 64, Florida Statutes.

How partition and sale usually work in Florida

Florida prefers partition in kind (dividing the land) when it is reasonable. When the court finds division would be impractical or would unfairly prejudice owners, the court may order the property sold and the proceeds divided. The court can appoint commissioners or other officers to carry out the sale and report back to the judge. The court’s job is to protect the interests of all co-owners and any lienholders.

What you must show to ask for a commissioner and a private sale

That partition in kind is impractical, impossible, or would substantially prejudice one or more owners.
That the proposed private sale price and terms are fair and reasonable. Courts look for objective support such as recent independent appraisals, market evidence, or broker opinions.
Full disclosure of relationships: if the proposed buyer is related to a party or is a party (or an affiliate), the court expects explicit disclosure and heightened scrutiny for conflicts of interest.
Procedural protections: notice to all parties and lienholders, an opportunity to object, and a court hearing to confirm the sale or to approve appointment of the commissioner to carry out the sale.

Typical court process and what a commissioner does

Procedure typically follows these steps:

File or amend the partition complaint to request sale and appointment of a commissioner or special master.
Provide proposed sale documents (purchase contract, proposed order appointing the commissioner, and evidence supporting the sale price such as appraisals).
The court issues notice and holds a hearing. The judge grants or denies the request. If granted, the court will define the commissioner’s duties and authority (advertise or not, accept escrow funds, execute deed, disburse proceeds, report to the court).
The commissioner follows the court’s order (conducts sale, obtains funds, reports back). The court typically must confirm the sale before final distribution, especially for private sales to insiders.

Special concerns with private sales to a buyer you represent or control

Courts treat private sales to buyers connected to a party more cautiously. Expect the court to require:

Independent appraisal or multiple valuations to show the sale price is fair.
Evidence that advertising or a public sale would be unlikely to yield a materially better result, or that the private sale is the best available outcome for all owners.
Full disclosure of any relationship between the buyer and seller-party, and possibly a requirement the sale be confirmed at a hearing and approved by the court.
A report from the commissioner and possible bond or escrow protections to secure proceeds and prevent improper distributions.

Practical checklist: What to include in the motion asking for appointment and private sale

Clear statement of why partition in kind is impracticable.
Copy of the proposed purchase agreement to the private buyer, with contingencies and closing terms.
Independent appraisal(s) or comparable sales data supporting the contract price.
Proposed order appointing the commissioner with specific authority (execute deed, accept escrow, disburse proceeds only after court confirmation, etc.).
Proposed notice language and a suggested timeline for objection and confirmation hearing.
Full disclosure of any relationships or potential conflicts and proposed safeguards (e.g., neutral commissioner, bond, or escrow agent).

What the court may order instead

If the court is not satisfied that a private sale is in the co-owners’ best interest, it can:

Order a public sale (often by commissioners after advertisement and competitive bidding).
Appoint a neutral broker to market the property and seek competitive offers.
Require additional safeguards (independent appraisal, confirmation hearing) before approving any private sale.

Where to look in the law

Florida’s general statutory scheme for partition is in Chapter 64 of the Florida Statutes. That chapter explains the court’s authority to divide or sell property and to appoint officials to implement a sale. See: Florida Statutes, Chapter 64 (Partition).

Helpful Hints

Get an independent, written appraisal before you file a motion for a private sale; courts rely heavily on objective valuation evidence.
Disclose any relationship between the buyer and any party early and in writing; non-disclosure can undo a sale later.
Ask the court to appoint a neutral commissioner or require the commissioner to post bond if you expect objections about impartiality.
Consider proposing a short marketing period even for a ‘‘private’’ sale so the court can see you tried to obtain market value.
Save and organize supporting documents: title report, mortgages/ liens, tax assessments, repair estimates, and broker communications.
Be prepared for costs: appraisals, commissioner fees, court costs, and potential tax consequences when the sale closes.
If co-owners can negotiate a buyout agreement privately, submit it to the court as a proposed settlement to avoid litigation costs.
If the buyer is an insider, expect the court to require a confirmation hearing before final distribution of proceeds.

How an attorney can help

An attorney experienced in Florida partition law can help prepare the evidence, draft the motion and proposed order, coordinate appraisals, and present the request at the confirmation hearing. If you are a party to the action or dealing with related buyers, counsel can reduce the chance the court delays, rejects, or later voids the sale.

Disclaimer: This article explains general Florida law and common court practice. It is educational only and not legal advice. Your facts may change the outcome. For advice about a specific case, consult a licensed Florida attorney.