§ 1-339.24. Public sale; report of sale; when final as to personal property.

367 words·~2 min read·/nc/chapter-1/1-339-24

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)The person holding a public sale shall, within five days after the date of the sale if the sale was by auction, or within five days after the date on which bids were opened if the sale was a sale of timber by sealed bid, file a report thereof with the clerk of the superior court of the county where the proceeding for the sale is pending.

(b)The report shall be signed by the person authorized to hold the sale, or by his agent or attorney and shall show

(1)The title of the action or proceeding;

(2)The authority under which the person making the sale acted;

(3)If the sale was by public auction, the date, hour and place of the sale;

(3a)If the sale was a sale of timber by sealed bid, the date, time, and place at which the sealed bids were opened, the number of bids received, and the amount of each bid;

(4)A description of real property sold, by reference or otherwise, sufficient to identify it, and, if sold in parts, a description of each part so sold; and

(5)A description of personal property sold, sufficient to indicate the nature and quantity of the property sold to each purchaser;

(6)The names of the purchasers;

(7)The price at which the property, or each part thereof, was sold and that this price was the highest bid therefor; and

(8)The date of the report.

(c)The report of sale of personal property, when confirmation of the sale is not required, may include such additional information as is required by G.S. 1-339.31 or G.S. 1-339.32, whichever is applicable, and when such additional information is included, the report shall constitute the final report of sale of personal property. If the report does not include the additional information required by G.S. 1-339.31 or G.S. 1-339.32, the final report required by those sections shall be subsequently filed.

(d)The report of a sale of timber by sealed bid shall include the information required by G.S. 1-339.13A(b) and G.S. 1-339.17(c1). (1949, c. 719, s. 1; 1997-83, ss. 15-17.)