Code of Virginia § 8.01-83.1. Open-market sale, sealed bids, or auction.
478 words·~2 min read·
/va/title-8-01/chapter-3/8-01-83-1A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. If the court orders a sale of property in a partition action under the provisions of § 8.01-83 , the sale shall be an open-market sale unless the court finds that a sale by sealed bids or at auction would be more economically advantageous and in the best interests of the parties as a group.
B. If the court orders an open-market sale and the parties, not later than 10 days after the entry of the order, agree on a real estate broker licensed in the Commonwealth to offer the property for sale, the court shall appoint the broker and establish a reasonable commission. If the parties do not agree on a broker, the court shall appoint a disinterested real estate broker licensed in the Commonwealth to offer the property for sale and shall establish a reasonable commission.
The broker shall offer the property for sale in a commercially reasonable manner at a price no lower than the determination of value and on the terms and conditions established by the court, including setting a reasonable time for marketing the property at its court-determined value pursuant to § 8.01-81.1 .
C. If the broker appointed under subsection B obtains within a reasonable time an offer to purchase the property for at least the determination of value:
1. The broker shall promptly file a report containing
(i)a description of the property to be sold to each buyer;
(ii)the name of each buyer;
(iii)the proposed purchase price;
(iv)the terms and conditions of the proposed sale, including the terms of any owner financing;
(v)the amounts to be paid to lienholders;
(vi)a statement of contractual or other arrangements or conditions of the broker's commission; and
(vii)other material facts relevant to the sale; and
2. The court shall hold a hearing to approve the same and shall appoint a special commissioner to make the sale and execute the deed pursuant to Article 11 (§ 8.01-96 et seq.).
D. If the broker appointed under subsection B does not obtain within a reasonable time an offer to purchase the property for at least the determination of value, the court, after a hearing, may:
1. Approve the highest outstanding offer, if any;
2. Redetermine the value of the property and order that the property continue to be offered for an additional period of time; or
3. Order that the property be sold by sealed bids or at auction.
E. If the court orders a sale by sealed bids or at auction, the court shall set terms and conditions of such sale by sealed bids or an auction.
F. If a purchaser is entitled to a share of the proceeds of the sale, the purchaser is entitled to a credit against the price in an amount equal to the purchaser's share of the proceeds.
2020, cc. 115 , 193 .