[Spivak]

Wait no none of this is right, it doesn't make it an unsealed auction just because one or more of the bids has terms and conditions. This is how every real-estate transaction is conducted.

What makes it fine in the end is that once you collect all the bids and resolve the legal paperwork you can assign values to the individual bids and compare them which is how people who sell their homes choose what offer to go with. And home sellers do consider intangibles and go with lower-cash offers all the time.

I don't really understand what all the legal kerfuffle is about. Is the court really going to force the families into a sale they don't want when the sale is for their benefit however they choose to define it?