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Clerk Handbooks

Supreme Court Rules




Section/Rule:

76.19

Subject:

Rule 76 - Rules of Civil Procedure - Rules Governing Civil Procedure in the Circuit Courts - Executions

Publication / Adopted Date:

June 10, 1980

Topic:

Resale When Purchaser Fails to Pay Purchase Price

Revised / Effective Date:

January 1, 1981


76.19. Resale When Purchaser Fails to Pay Purchase Price

If the purchaser at an execution sale fails to pay the purchase price under the terms of the sale, the sheriff making the sale shall resell the property. Upon motion by the sheriff to the court out of which the execution was issued or the circuit court of the county in which the sale was held, the court may enter a judgment against such purchaser for any loss occasioned by his failure to pay, and for costs. The sheriff may refuse bids of a purchaser who has so failed to pay. The sheriff shall not be liable for the amount of a bid which the purchaser fails to pay.

(Adopted June 10, 1980, eff. Jan. 1, 1981.)

Committee Note - 1981