RULE 12-409. PARTITION BY SALE
West's Annotated Code of MarylandMaryland RulesEffective: July 1, 2023
Effective: July 1, 2023
MD Rules, Rule 12-409
RULE 12-409. PARTITION BY SALE
(1) Selection of Broker. If the court orders an open-market sale, the court, by order, shall appoint a real estate broker licensed in the State to offer the property for sale. No later than ten days after the order for open-market sale is entered, the parties may submit to the court a written stipulation of the name of a qualified broker, and the court shall appoint that broker. If no broker is timely selected by the parties, the court shall appoint a disinterested, qualified broker.
(2) Order of Appointment of Broker. The order of appointment shall require the broker to offer the property for sale in a commercially reasonable manner for at least the fair market value as determined in accordance with Rule 12-406. The order shall establish a reasonable commission for the broker and set such other terms and conditions as the court may require.
A report filed under this subsection shall be sealed until the next status hearing is held by the court pursuant to subsection (b)(5) of this Rule.
(A) Fair Market Value Offers Received in Reasonable Time. If the real estate broker appointed under this section obtains an offer to purchase the property, the broker shall comply with the reporting requirements in subsection (b)(3) of this Rule and the sale may be completed in accordance with the applicable State laws after a hearing is held pursuant to subsection (b)(5) of this Rule.
(B) No Fair Market Value Offers Received in Reasonable Time. If the real estate broker appointed under this section does not obtain an offer to purchase the property for at least the fair market value in a reasonable time, the court, after a hearing held pursuant to subsection (b)(5) of this Rule, may: (i) approve the highest outstanding offer, if any; (ii) re-determine the fair market value of the property and order that the property continue to be offered for an additional period of time; or (iii) order that the property be sold by sealed bids or at an auction.
(A) Conduct of Hearing. After the property has been offered for sale for a period of time determined by the court, the court shall hold an evidentiary hearing during which the court shall: (i) review each pending offer to purchase the property, if any; and (ii) take testimony from each cotenant that wishes to testify and any other witness called by a party that the court determines necessary to its consideration of the status of the property's listing for sale.
(B) Post Hearing. After the hearing, the court shall issue an order: (i) directing the broker to accept a pending offer, (ii) extending the time for the broker to offer the property for sale at the existing listing price or at a lower price specified by the court, or (iii) directing the property to be sold by sealed bids or auction.
Cross reference: See Code, Real Property Article, § 14-711.
Cross reference: See Code, Real Property Article, §§ 14-711 and 14-712.
Source: This Rule is new.
Credits
[Adopted April 1, 2023, eff. July 1, 2023.]
MD Rules, Rule 12-409, MD R PROP ACT Rule 12-409
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
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