Liability for Purchase Money; Officer's Collection Options

  1. Law
  2. Georgia Code
  3. Civil Practice
  4. Executions and Judicial Sales
  5. Judicial Sales
  6. Conduct and Effect
  7. Liability for Purchase Money; Officer's Collection Options

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  1. Any person who becomes the purchaser of any real or personal property at any sale made at public outcry by any executor, administrator, or guardian or by any sheriff or other officer under and by virtue of any execution or other legal process, who fails or refuses to comply with the terms of the sale when requested to do so, shall be liable for the amount of the purchase money. It shall be at the option of the sheriff or other officer either to proceed against the purchaser for the full amount of the purchase money or to resell the real or personal property and then proceed against the first purchaser for any deficiency arising from the sale.
  2. The action provided for in subsection (a) of this Code section may be brought in the name of the sheriff or other officer making the sale for the use of the plaintiff or defendant in execution or any other person in interest, as the case may be.

(Laws 1831, Cobb's 1851 Digest, p. 514; Code 1863, §§ 3582, 3583; Code 1868, §§ 3605, 3606; Code 1873, §§ 3655, 3656; Code 1882, §§ 3655, 3656; Civil Code 1895, §§ 5466, 5467; Civil Code 1910, §§ 6071, 6072; Code 1933, §§ 39-1301, 39-1302; Ga. L. 1982, p. 3, § 9.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 47 Am. Jur. 2d, Judicial Sales, §§ 135 et seq., 141 et seq.

15A Am. Jur. Pleading and Practice Forms, Judicial Sales, § 70.

C.J.S.

- 50A C.J.S., Judicial Sales, § 59 et seq.

ALR.

- Grounds, other than resale or defective title or irregularity in sale, for relief of successful bidder at judicial sale from obligation to comply with bid, 63 A.L.R. 974.

Conclusiveness on purchaser at judicial sale of provisions of order or decree of confirmation regarding terms and conditions, 95 A.L.R. 1492.

Attack upon judgment by purchasers at judicial sale for purpose of preventing confirmation, or otherwise relieving them from the obligation assumed, 174 A.L.R. 538.

Enforceability as between the parties of agreement to purchase property at judicial or tax sale for their joint benefit, 14 A.L.R.2d 1267.


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