Analysis of Ohio's Amended Receivership Law | Page 12

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• Any other method that the court determines is fair to the
owner and all other parties with an interest in the property
(i.e., lienholders, etc.), is reasonable under the circumstances,
and will maximize the return from the property taking into
account the potential cost of holding and operating the
property.
Before authorizing the sale, the court may require the Receiver
to provide evidence of the value of the property. The method of
valuation (e.g., expert appraisal, etc.) is in the court’s discretion.
(R.C. § 2735.04(D)(1)(b))
Competing Offers
Where the Receiver has an acceptable offer in hand and seeks
authority to sell pursuant to a private sale, the court, if “warranted by
the circumstances,” may require that the Receiver solicit additional
offers. (R.C. § 2735.04(D)(1)(c)) If the Receiver ultimately sells
to someone other than the original proposed purchaser, the Receiver
may, with the court’s approval, pay the original proposed purchaser
a “reasonable amount of costs and expenses” from the sale proceeds
to compensate the proposed purchaser for participation in the sale
process to the extent that the participation brought value to the
Receivership. Id. This provision describes a p