Can a court appoint a commissioner to handle a private sale to my buyer in a South Carolina partition action?

Short answer: Yes — South Carolina courts can appoint a commissioner (sometimes called a referee or commissioner in partition proceedings) to conduct a sale in a partition action, and the court may approve a private sale to a particular buyer, but the court will closely supervise the process. The court generally requires notice, evidence that the sale is fair (appraisal or other proof of value), and a formal court order approving the sale. This is not legal advice.

Detailed answer — how this works under South Carolina law

Partition actions in South Carolina allow co-owners to ask the court to divide property either by physical division (partition in kind) or by sale and division of proceeds (partition by sale). When physical division is impractical or unfair, courts order a sale. In those sales the court often appoints a neutral officer — commonly called a commissioner — to carry out sale-related tasks: appraising property, advertising, receiving offers, conducting the sale, and reporting results to the court for confirmation.

Key points the court will consider before appointing a commissioner or approving a private sale:

Type of partition sought: If the court orders sale rather than division in kind, it can appoint a commissioner to manage the sale.
Appointment authority: The court’s order creating the sale will usually name the commissioner and set the scope of authority — marketing, advertising, upset-bid procedures, acceptance of offers, and timing. The court can tailor the order to permit a private sale to a particular buyer if that is in the parties’ and estate’s best interest.
Court supervision and approval: A private sale usually must be reported to the court and confirmed. The commissioner files a report and the court holds a hearing (or enters an order) to approve distribution of proceeds. The court protects non-consenting co-owners by reviewing fairness and price.
Disclosure and conflict of interest: If the buyer is connected to a party (for example, a co-owner or a person associated with a co-owner), the court will expect full disclosure and may require additional safeguards (independent appraisal, higher scrutiny, or competitive bidding) to prevent self-dealing.
Notice to interested parties: South Carolina procedures require that all interested parties receive notice of the sale and any hearing to confirm sale proceeds. The court may set an upset-bid period or give other opportunities to submit higher offers.

South Carolina’s statutory and procedural framework for partition and court officers supports these steps. For a statutory overview of partition law in South Carolina, see the Code of Laws (Title 15 — Courts, Partition provisions): South Carolina Code, Title 15, Chapter 31 (Partition). The court also uses its general equitable powers and civil procedure rules when appointing commissioners and approving sales.

Typical steps to ask the court to appoint a commissioner and permit a private sale

File or amend the partition complaint and specifically request a sale and appointment of a commissioner (include proposed order language).
Provide evidence why sale is appropriate (property condition, impracticality of in-kind division, fairness to co-owners).
Disclose the proposed buyer and relationship (if any) to the parties. Be transparent about any connection between a party and the buyer.
Submit an appraisal or other evidence of fair market value. If the sale is private, show why private sale produces a fair result (example: immediate cash offer above likely upset-bid result, preservation of value by avoiding longer public marketing, costs saved).
Ask the court to appoint a commissioner and define commissioner duties and authority (advertising, entry of contract, acceptance subject to court confirmation, upset-bid procedure, reporting timeline).
Provide notice to all parties and follow the court’s timeline for objections, upset bids, and the confirmation hearing.
At the confirmation hearing the commissioner’s report, purchase agreement, appraisal and any objections will be reviewed; the court either confirms the sale, orders further bidding, or rejects the sale.

When will the court reject a private sale?

The court may refuse to approve a private sale if the record shows the sale is unfair, below market value without justification, the buyer has an undisclosed conflict, or the sale appears to be an attempt to defraud or prejudice co-owners. Courts prefer transparency and procedures that protect non-consenting owners.

What protections will the court likely require for a private sale?

Independent appraisal or multiple appraisals.
Full disclosure of buyer identity and any relationships.
Competitive bidding or an upset-bid period before final confirmation.
Payment escrow and clear closing terms conditioned on court confirmation.
Detailed commissioner report to the court after sale.

Helpful hints

Consult an attorney early. Partition actions raise complex procedural and equitable issues; an attorney can draft precise orders to protect your interests.
Obtain a current market appraisal. Courts like objective value evidence before approving private sales.
Draft a purchase agreement that expressly conditions closing on court approval.
Propose clear commissioner powers in your motion (what the commissioner may and may not do without further court approval).
Be transparent about relationships between buyer and any party. Concealment increases the chance the court will reject the sale.
Expect a confirmation hearing. Plan to present the commissioner’s report, appraisal, and any supporting evidence then.
Consider alternative resolutions: buyouts among co-owners, mediation, or negotiated partition can avoid costlier litigation and court supervision.
Factor in time and costs: commissioner fees, notice/advertising costs, court costs, potential upset-bid processes, and attorney fees.

Where to look next: Review the partition statutes for South Carolina and the court’s local procedures. See: South Carolina Code, Title 15, Chapter 31 (Partition). Check local county court forms and consult the state court rules on appointment of masters or referees.

Disclaimer: This article is educational and not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed South Carolina attorney.