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The court order states that the land is to be sold by an appointed…

The court order states that...
The court order states that the land is to be sold by an appointed auctioneer. Should I wish to sell this land and if I find a buyer, can I go ahead and sell it irrespective of the appointed auctioneer?
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Answered in 39 minutes by:
10/3/2012
Buachaill
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 11,202
Experience: Barrister 17 years experience
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Buachaill :

1. As your husband owns 40% of the property, I am afraid that if you get a buyer you have to take them to the auctioneer and do the sale in the court appointed manner. It is not up to you to sell the property yourself. If you want this to be the case - and the court is highly unlikely to allow you - then you have to go to court to get the previous court order varied. However, you should consider getting the court order varied and any potential sale approved by the court if you get a buyer. In this way, you will avoid the impasse with the auctioneer who seems to delay things and not do his duty. Take the written offer to court and get the court to order a sale within a certain period of time in the absence of any other bids. However, you won't be allowed to sell it yourself as you are not the full owner.


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Buachaill
Buachaill, Lawyer
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Customer reply replied 5 years ago

I was in court today seeking an adjournment in order to have my ex-husband assessed as to his mental faculties, which was not granted. The judge said that his court was not the forum for such an assessment and that he did not see the point of having an assessment done as the land was not being sold and that the court will decide when the land will be sold. All in all, very disappointing. He was quite dismissive of the idea of having an assessment done. I understand that I will have to sell the land through the appointed auctioneer but in order to find a buyer, can I advertise the property myself?

2. I am sorry to hear how you got on. However, there is nothing in law to prevent you advertising the property. HOwever, you will have to direct offers to the auctioneer, as he is appointed by the court to sell the land.
Buachaill
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 11,202
Experience: Barrister 17 years experience
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