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LawTalk
LawTalk, Attorney
Category: Legal
Satisfied Customers: 36125
Experience:  I am a practicing attorney with more than 30 years of experience in the legal field.
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What does, "manner of the sale of the property stored in the

Customer Question

what does, "manner of the sale of the property stored in the self-service facility" mean?
Submitted: 1 year ago.
Category: Legal
Customer: replied 1 year ago.
Do I have to have a "public" auction when selling personal property in Idaho for default on a mini-storage shed?
Customer: replied 1 year ago.
Chapter 55 Section 2306 3a
Expert:  LawTalk replied 1 year ago.
Good afternoon,
I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.
Yes, Idaho does require that you have a public sale of the property in the storage unit when the renter defaults on the payment obligation for the unit. This is almost always done by auction, as that generates the most money for you the owner of the storage center. Technically, you could sell the first person making an offer of a set amount of money and that would satisfy the code as well, but you must have a public sale of the contents.
You asked: "what does, "manner of the sale of the property stored in the self-service facility" mean?"
"Manner of Sale" refers to the type of sale that you will have---which will presumably be an auction.
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
Please remember to rate my service to you so that I can be compensated for helping you.
I wish you and yours the best in 2015,
Doug
Customer: replied 1 year ago.
You said this is almost always done by auction. What other "manner" is there? I have a man who pays me a set amount of money without looking inside the shed and he takes it "as is". Is this legal?I state it in the newspaper to read:
(Company Name) will receive ownership of all contents of the storage shed for non-payment of rent after 3:00pm on August 17, 2015 at which time the personal property will be sold.Most of all of the time it is just "junk" in the shed it does not cover the amount due - owed against the shed. I am just glad to get it cleaned out and move on to the next tenant.Do I absolutely have to have a public auction. What are my other choices if I am not doing this correctly?
Expert:  LawTalk replied 1 year ago.
Good afternoon,
You said this is almost always done by auction. What other "manner" is there? I have a man who pays me a set amount of money without looking inside the shed and he takes it "as is". Is this legal?
No that is NOT legal. State law requires that you MUST have a public sale after advertising it in the newspaper.
You could have a called (auctioner0 auction, a silent auction with bids being placed, or simply a sale to the highest bid received by a time certain. But the sale must be publicized in the paper and you may not simply sell to a friend/acquaintance.
Your company may NOT simply receive ownership---that is not a public sale, and you would be violating the law by doing that.
Yes, you absolutely must have a public sale under the laws of the state of Idaho.
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
Kindly, remember to rate my service to you. That is how I am credited for assisting you.
I wish you and yours the best in 2015,
Doug
Customer: replied 1 year ago.
Thank you for your advice so far. For the publicized legal notice in the newspaper it will read like this (please tell me if the wording is correct or if I need to change something). Your possessions will be sold for non-payment of rent on August 17, 2015 at 10am. Silent bids will be accepted between 10 and 11am on August 17, 2015 at 1236 East Main Street - Burley at which time the personal property will be sold to the highest bid. Payment in full (no personal checks accepted) prior to August 17, 2015 10am is required to retain your goods. Credit cards are accepted. This notice is given pursuant to Idaho Statutes Title 55 Chapter 2306. Doug, can we sell the units sight unseen?
Expert:  LawTalk replied 1 year ago.
Hi,
I am not able to give you legal advice on the wording that you choose to use. I cannot act as your attorney, for a number of reasons. Thank you for understanding.
There is no statute that requires that in the sale of storage unit contents, the buyers must be allowed to see the contents of the unit. However, you may not get too many interested parties if you do that. I am not aware of any other site in the nation that demands to sell sight unseen.
Doug
Customer: replied 1 year ago.
As far as I am understanding, Idaho guidelines include the time, date, and place of the deadline to pay the amount due on the shed for the tenant and the sale of the shed nees to be published in the paper. We can accept silent bids for the sale of the shed and sell it to the highest bid without an auctioneer. I understand that you cannot advise me on the wording. However, I am just trying to "legally" cover myself. Does it appear that I am doing this legally so I have covered all my basis? Am I missing anything?
Expert:  LawTalk replied 1 year ago.
I am unable to further assist you in this matter, and I am going to opt out of your question and open this up for other professionals.
Your question is being placed back in the question list for other professionals to see, and to respond to. You do not have to stay online for the question to be active. Should another professional pick it up, you should be alerted by email unless you actively disable this feature.
There is no need for you to reply at this time as this may "lock" your question back to me, thus inadvertently delaying other professionals' access to it.
I apologize for any inconvenience and wish you well in your future.
Doug