Washington: Appointing a Commissioner to Conduct a Private Sale in a Partition Action | Washington Partition Actions

Disclaimer: This information is educational only and not legal advice. If you need advice specific to your situation, consult a licensed Washington attorney.

Detailed Answer

In Washington, courts handle partition disputes under the state partition statutes. The statutory framework for partition actions is in RCW chapter 7.60. A superior court may order real property divided in kind or, when division in kind is impracticable, may order the property sold and the proceeds divided. See the Washington partition statutes for the governing rules: RCW Title 7, Chapter 60 (Partition).

Washington courts frequently use court-appointed officers (often called commissioners, referees, or special commissioners) to carry out factual or ministerial tasks in civil cases, including partition sales. The court appoints the commissioner by order and outlines the scope of the commissioner’s authority — for example, to advertise and conduct a sale, receive bids, execute closing documents, or report the sale back to the court for confirmation. The court’s authority to appoint such officers comes from its general equitable powers and the civil rules governing court-appointed officers. For information on court rules that commonly describe referee/commissioner procedures, see the Washington court rules: Washington Court Rules.

Yes — you can ask a Washington court to appoint a commissioner to handle a sale in a partition action, including a private sale to a particular buyer — but the court will closely scrutinize that request and may impose conditions. Key points the court will consider include:

Whether partition in kind is feasible. If the property can reasonably be divided among owners, courts prefer division in kind. If not feasible (e.g., single-family home, one parcel where division would destroy value), the court may order a sale.
Fairness and transparency of a private sale. A private sale to a proposed buyer (especially if the buyer is related to or affiliated with a co-owner) raises potential conflicts and self-dealing concerns. Courts will require clear evidence that the sale is at fair market value, that co-owners received notice and an opportunity to object, and that the procedure protects the interests of all parties.
Appointment order scope. The court will state what the commissioner may do: solicit offers, require appraisal or broker’s listing, hold a hearing before confirming a sale, take deposit funds, and prepare the closing documents. The court may limit private-sale authority or require a public sale or auction if a private sale appears unfair.
Disclosure requirements. You must fully disclose any relationship between the buyer and any party, any purchase agreement terms, and any compensation to the commissioner. The court may require an independent appraisal or multiple bids to demonstrate the sale price is reasonable.
Confirmation hearing and objections. After the commissioner reports a sale, the court typically holds a confirmation hearing. Objecting parties can challenge the sale for lack of value, inadequate notice, or procedural defects.

Typical procedural steps you would follow in Washington:

File or amend the partition petition asking for sale rather than division, and include a specific request that the court appoint a commissioner to conduct the sale.
Propose an order describing the commissioner’s duties and, if you prefer a private sale, explain why a private sale to your buyer is reasonable and how it protects co-owners’ interests.
Provide notice to all parties and lienholders and allow time for objections.
If ordered, the commissioner follows court directions (appraisal, advertisement, requests for bids, or private sale under court-approved terms), then reports back to the court.
The court holds a confirmation hearing; if it confirms the sale, the commissioner or the proper officer completes closing and the court directs distribution of proceeds.

Because private sales to a buyer linked to a party carry risk of challenge, courts often require extra safeguards: independent appraisal(s), public notice, an opportunity for overbidding at a hearing, or even a requirement that a sale be by public auction unless the court finds strong justification for a private sale. The county’s local rules and local judicial practice also influence how readily a judge will approve a private sale and the form of the commissioner’s appointment.

Finally, fees and timelines vary. Commissioners (or special masters) may receive compensation ordered by the court. Sale confirmation and distribution can take weeks to months depending on objections, title issues, or the need to clear liens.

Relevant Washington resources

Helpful Hints

Prepare documentation early: deed, chain of title, mortgage statements, property tax info, a recent appraisal or broker price opinion, and any proposed purchase agreement.
Disclose relationships: if the proposed buyer is a co-owner, family member, or business associate, disclose that to the court and other parties up front.
Consider an independent appraisal to support a private sale price; courts like objective evidence of fair market value.
Propose clear, limited commissioner powers in your draft order (what the commissioner may and may not do) to make the court comfortable approving the appointment.
Be ready to justify why a private sale is preferable to an auction — e.g., a ready buyer willing to pay market value, reduced carrying costs, or preservation of neighborly relationships — and explain how remaining parties’ interests are protected.
Check local superior court procedures or local rules for commissioner appointments and sale confirmation practices — counties differ in routine requirements.
Expect costs: commissioner fees, notice and publication costs, appraisal fees, and possible escrow fees. The court generally allocates costs from sale proceeds.
Talk to an experienced Washington real estate or civil litigation attorney before filing. They can prepare the motion, draft a proposed order tailored to local practice, and anticipate common objections.

Because rules and judicial practice vary by county and judge, a qualified Washington attorney can assess whether a court in your county is likely to approve appointment of a commissioner for a private sale and can draft the request to maximize the chance of approval.