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State of Florida..lawyer for laws of that state. .3 partners, no mortgage....2 partners have the same lawyer. .We were sent a summons for a partition from the third partner. We tried to settle thru a mediator. That didn't work. My attorney met with a judge and he granted the partition. Now my attorney tells me that the county clerk or a realtor can do the auction. I always thought it had to be down thru the courts. Not a broker.....The two of us who use the same attorney differ. She wants the realtor, that cost a lot more money. I want to go thru the courts. How can our attorney satisfy both of us or he can't. Now being a conflict of interest. Our attorney has suggeted clerk, and so have I.My other partner wants to go thru relator which costs a minimium of 10%, plus you pick the date, and can have contigencies. That is not a real partition is it? One partner will be on vacation 2 weeks. Realtor can decide on date. If court does it, they set the date. Thanks, Dede
State/Country of Question: Florida Already Tried: We did try the mediator. The partner that started the partition, went to the mediator, she originally was going to buy two of us out for an amount. Then in twenty minutes she changed her mine. At that point my attorney suggeted we continue with the partition, so we did. Now I am confused. A realtor can do the auction? For 10% costs. Thru the courts are much less. I was never told that, otherwise I may have been able to handle this case different. Dede
The lawyer should not and cannot satisfy both. He should represent one of you or none of you.
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