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Are online storage auctions legal in Florida?

Offline Travis

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Are online storage auctions legal in Florida?
« on: November 07, 2014, 02:25:35 PM »
Are online storage auctions legal in Florida?

Before I respond to this question, I want to clarify that I am not an attorney and this should not be construed as legal advice.

After reviewing Florida lien laws, it is my opinion that it is perfectly legal to have an online storage auction in Florida.

Section 83.806 states:
(5) Any sale or other disposition of the personal property shall conform to the terms of the notification as provided for in this section and shall be conducted in a commercially reasonable manner, as that term is used in s. 679.504(3).

At this point (Nov 2014), tens of thousands of online storage auctions have occurred and they are a generally accepted foreclosure method throughout the industry. Since online storage auctions expose the property to a wider audience and command higher prices, in my opinion, they are more commercially reasonable than live auctions.

Section 83.806 (4)(A)(3) states the following (among other things) must be included in the legal notice:

The time, place, and manner of the sale or other disposition. Some state lien laws specify that the sale must occur at the storage facility or a reasonably near public place. That is not the case in Florida; however, in your legal notice, you must specify that you're holding a lien sale online AND the name of the online storage auction service you're using. Also, be sure comply with all other provisions outlined in the Florida Self-Storage Facility Act.


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