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.
Structure Code of Virginia
Title 8.01 - Civil Remedies and Procedure
§ 8.01-25. Survival of causes of action
§ 8.01-26. Assignment of causes of action
§ 8.01-27. Civil action on note or writing promising to pay money
§ 8.01-27.2. Civil recovery for giving bad check
§ 8.01-27.3. Evidence in actions regarding issuance of bad check
§ 8.01-27.4. Civil recovery for professional services
§ 8.01-30. Procedure in actions on contracts made by several persons
§ 8.01-31. Accounting in equity
§ 8.01-32. Action on lost evidences of debt
§ 8.01-33. Equitable relief in certain cases
§ 8.01-34. When contribution among wrongdoers enforced
§ 8.01-35. Damages for loss of income not diminished by reimbursement
§ 8.01-35.1. Effect of release or covenant not to sue in respect to liability and contribution
§ 8.01-37. Recovery of lost wages in action for injuries to emancipated infant
§ 8.01-37.1. Claims for medical services provided by United States; proof of reasonable value
§ 8.01-38. Tort liability of hospitals
§ 8.01-38.1. Limitation on recovery of punitive damages
§ 8.01-40.1. Action for injury resulting from violation of Computer Crimes Act; limitations
§ 8.01-40.2. Unsolicited transmission of advertising materials by facsimile machine
§ 8.01-40.3. Unauthorized dissemination, etc., of criminal history record information; civil action
§ 8.01-41. Wrongful distraint, attachment
§ 8.01-42. Loss or injury to clothing in dyeing, dry cleaning, or laundering
§ 8.01-42.1. Civil action for racial, religious, or ethnic harassment, violence or vandalism
§ 8.01-42.2. Liability of guest for hotel damage
§ 8.01-42.3. Civil action for stalking
§ 8.01-42.4. Civil action for trafficking in persons
§ 8.01-42.5. Civil action for female genital mutilation
§ 8.01-43. Action against parent for damage to public property by minor
§ 8.01-44. Action against parent for damage to private property by minor
§ 8.01-44.1. Immunity from civil liability of members of certain committees, etc.
§ 8.01-44.2. Action against physician for vaccine-related injury or death
§ 8.01-44.3. Divulgence of communications by qualified interpreters and communications assistants
§ 8.01-44.4. Action for shoplifting and employee theft
§ 8.01-44.5. Punitive damages for persons injured by intoxicated drivers
§ 8.01-44.6. Action for injury to cemetery property
§ 8.01-44.7. Action for tampering with metering device and diverting service
§ 8.01-45. Action for insulting words
§ 8.01-46. Justification and mitigation of damages
§ 8.01-46.2. Civil action for dissemination of intimate images to another; penalty
§ 8.01-47. Immunity of persons investigating or reporting certain incidents at schools
§ 8.01-48. Mitigation in actions against newspapers, etc.
§ 8.01-49. Defamatory statements in radio and television broadcasts
§ 8.01-49.1. Liability for defamatory material on the Internet
§ 8.01-50. Action for death by wrongful act; how and when to be brought
§ 8.01-50.1. Certification of expert witness opinion at time of service of process
§ 8.01-51. No action when deceased has compromised claim
§ 8.01-52.1. Admissibility of expressions of sympathy
§ 8.01-53. Class and beneficiaries; when determined
§ 8.01-54. Judgment to distribute recovery when verdict fails to do so
§ 8.01-55. Compromise of claim for death by wrongful act
§ 8.01-56. When right of action not to determine nor action to abate
§ 8.01-57. Liability of railroads for injury to certain employees
§ 8.01-58. Contributory negligence no bar to recovery; violation of safety appliance acts
§ 8.01-59. Assumption of risk; violation of safety appliance acts
§ 8.01-60. Contracts exempting from liability void; set-off of insurance
§ 8.01-61. Definition of "common carrier" as used in article
§ 8.01-62. Action may embrace liability under both State and federal acts
§ 8.01-63. Liability for death or injury to guest in motor vehicle
§ 8.01-64. Liability for negligence of minor
§ 8.01-65. Defense of lack of consent of owner
§ 8.01-66. Recovery of damages for loss of use of vehicle
§ 8.01-66.1. Remedy for arbitrary refusal of motor vehicle insurance claim
§ 8.01-66.2. Lien against person whose negligence causes injury
§ 8.01-66.3. Lien inferior to claim of attorney or personal representative
§ 8.01-66.5. Written notice required
§ 8.01-66.6. Liability for reasonable charges for services
§ 8.01-66.7. Hearing and disposal of claim of unreasonableness
§ 8.01-66.8. Petition to enforce lien
§ 8.01-66.9:1. Lien against recovery for medical treatment provided to prisoner
§ 8.01-66.10. Death claims settled by compromise or suit
§ 8.01-66.11. Necessity for settlement or judgment
§ 8.01-66.12. Term physician to include chiropractor
§ 8.01-67. Definitions; persons under a disability; fiduciary
§ 8.01-69. Commencement of suit; parties
§ 8.01-72. When death to abate such suit
§ 8.01-73. Guardian ad litem to be appointed
§ 8.01-74. Leases on behalf of persons under disability; new leases
§ 8.01-75. Who not to be purchaser
§ 8.01-76. How proceeds from disposition to be secured and applied; when same may be paid over
§ 8.01-77. What proceeds of sale to pass as real estate
§ 8.01-78. Alternate procedure for sale of real estate of person under disability
§ 8.01-79. Same; reference of petition to commissioner
§ 8.01-80. Same; action of court on report; application of proceeds of transaction
§ 8.01-81.1. Determination of value
§ 8.01-83. Allotment to one or more parties, or sale, in lieu of partition
§ 8.01-83.1. Open-market sale, sealed bids, or auction
§ 8.01-83.2. Notice by posting
§ 8.01-84. Application of proceeds of sale to payment of lien
§ 8.01-85. Disposition of share in proceeds of person under disability
§ 8.01-87. Validation of certain partitions prior to act of 1922
§ 8.01-88. Decree of partition to vest legal title
§ 8.01-89. When proceeds of sale deemed personal estate
§ 8.01-90. When name or share of parties unknown
§ 8.01-91. Effect of partition or sale on lessee's rights
§ 8.01-92. Allowance of attorneys' fees out of unrepresented shares
§ 8.01-93. Partition of goods, etc., by sale, if necessary
§ 8.01-94. When sold, leased or exchanged
§ 8.01-95. Procedure in such case
§ 8.01-96. Decree for sale; how made; bond of commissioner
§ 8.01-97. Delinquent taxes to be ascertained
§ 8.01-98. Sales of land when purchase price insufficient to pay taxes, etc.
§ 8.01-99. Bond required of special commissioner for sale
§ 8.01-100. Liability of clerk for false certificate or failure to give bond
§ 8.01-101. Purchasers relieved of liability for purchase money paid to such commissioner
§ 8.01-102. Purchasers not required to see to application of purchase money
§ 8.01-105. Rule against special commissioner, purchaser, etc., for judgment for amounts due
§ 8.01-106. How cause heard upon rule and judgment rendered
§ 8.01-107. Trial by jury of issues made upon rule
§ 8.01-108. When sureties of commissioner, purchaser, etc., proceeded against by rule
§ 8.01-110. Appointment of special commissioner to execute deed, etc.; effect of deed
§ 8.01-111. What such deed to show
§ 8.01-112. Reinstatement of cause to appoint special commissioner to make deed
§ 8.01-113. When title of purchaser at judicial sale not to be disturbed
§ 8.01-115. Bond required as prerequisite
§ 8.01-116. Return of property to defendant or other claimant
§ 8.01-117. Exceptions to sufficiency of bonds
§ 8.01-120. No verdict as to some items; omission of price or value
§ 8.01-122. Charges for keeping property
§ 8.01-123. Recovery of damages sustained for property withheld during appeal
§ 8.01-124. Motion for judgment in circuit court for unlawful entry or detainer
§ 8.01-125. When summons returnable to circuit court; jury
§ 8.01-128. Verdict and judgment; damages
§ 8.01-129. Appeal from judgment of general district court
§ 8.01-130. Judgment not to bar action of trespass, ejectment, or unlawful detainer
§ 8.01-130.01. Unlawful detainer; expungement
§ 8.01-130.1. Remedy for rent and for use and occupation
§ 8.01-130.2. Who may recover rent or compensation
§ 8.01-130.3. Who is liable for rent
§ 8.01-130.4. When and by whom distress made
§ 8.01-130.5. Procedure for trial on warrant in distress
§ 8.01-130.8. Review of decision to issue ex parte order or process; claim of exemption
§ 8.01-130.10. When goods of a sublessee may be removed from leased premises
§ 8.01-130.11. When officer may enter by force to levy distress or attachment
§ 8.01-130.12. When distress not unlawful because of irregularity, etc.
§ 8.01-130.13. Return of execution; process of sale thereunder
§ 8.01-131. Action of ejectment retained; when and by whom brought
§ 8.01-132. What interest and right plaintiff must have
§ 8.01-133. Who shall be defendants; when and how landlord may defend
§ 8.01-134. How action commenced and prosecuted
§ 8.01-135. What is to be stated in motion for judgment
§ 8.01-136. How premises described
§ 8.01-137. Plaintiff to state how he claims
§ 8.01-138. There may be several counts and several plaintiffs
§ 8.01-139. What proof by plaintiff is sufficient
§ 8.01-140. Effect of reservation in deed; burden of proof
§ 8.01-141. When action by cotenants, etc., against cotenants, what plaintiff to prove
§ 8.01-142. Verdict when action against several defendants
§ 8.01-143. When there may be several judgments against defendants
§ 8.01-144. Recovery of part of premises claimed
§ 8.01-145. When possession of part not possession of whole
§ 8.01-146. When vendee, etc., entitled to conveyance of legal title, vendor cannot recover
§ 8.01-147. When mortgagee or trustee not to recover
§ 8.01-148. Right of defendant to resort to equity not affected
§ 8.01-149. Verdict when jury finds for plaintiffs or any of them
§ 8.01-150. Verdict when any plaintiff has no right
§ 8.01-151. How verdict to specify premises recovered
§ 8.01-152. How verdict to specify undivided interest or share
§ 8.01-153. Verdict to specify estate of plaintiff
§ 8.01-154. When right of plaintiff expires before trial, what judgment entered
§ 8.01-155. How judgment for plaintiff entered
§ 8.01-158. How claim of plaintiff for profits and damages assessed
§ 8.01-159. When court to assess damages
§ 8.01-160. Defendant to give notice of claim for improvements
§ 8.01-162. Postponement of assessment and allowance
§ 8.01-163. Judgment to be conclusive
§ 8.01-164. Recovery of mesne profits, etc., not affected
§ 8.01-165. Writ of right, etc., abolished
§ 8.01-166. How defendant may apply therefor, and have judgment suspended
§ 8.01-167. How damages of plaintiff assessed
§ 8.01-169. How value of improvements determined in favor of defendant
§ 8.01-170. If allowance for improvements exceed damages, what to be done
§ 8.01-171. Verdict for balance, after offsetting damages against improvements
§ 8.01-172. Balance for defendant a lien on the land
§ 8.01-173. How tenant for life, paying for improvements, reimbursed
§ 8.01-174. Exception as to mortgagees and trustees
§ 8.01-176. How payment of such value to be made by defendant; when land sold therefor
§ 8.01-177. When such value to be deemed real estate
§ 8.01-178. When and how defendant, if evicted, may recover from plaintiff amount paid
§ 8.01-178.1. Waste; who is liable
§ 8.01-178.2. Civil action for waste; double damages
§ 8.01-178.3. Waste for tenant to sell or remove manure from leased premises
§ 8.01-178.4. Waste committed during pendency of action
§ 8.01-179. Motion for judgment to establish boundary lines
§ 8.01-180. Parties defendant; pleadings
§ 8.01-182. Claims to rents, etc., not considered
§ 8.01-183. Recordation and effect of judgment
§ 8.01-184. Power to issue declaratory judgments
§ 8.01-184.1. Declaratory judgment to adjudicate constitutional nexus
§ 8.01-191. Construction of article
§ 8.01-192. How claims to be prosecuted
§ 8.01-193. Defense and hearing
§ 8.01-194. Jury may be impaneled; judgment
§ 8.01-195. No judgment to be paid without special appropriation
§ 8.01-195.3. Commonwealth, transportation district or locality liable for damages in certain cases
§ 8.01-195.5. Settlement of certain cases
§ 8.01-195.7. Statute of limitations
§ 8.01-195.8. Release of further claims
§ 8.01-195.9. Claims evaluation program
§ 8.01-195.10. Purpose; action by the General Assembly required; definitions
§ 8.01-195.11. Compensation for wrongful incarceration
§ 8.01-195.12. Conditions for continued compensation
§ 8.01-195.13. Compensation for certain intentional acts
§ 8.01-196. Comptroller to institute proceedings
§ 8.01-197. In what name; when not to abate
§ 8.01-198. Action, against whom instituted
§ 8.01-199. Judgment, nature of
§ 8.01-200. Mistakes against State corrected
§ 8.01-201. Execution; real estate to be sold
§ 8.01-202. Execution, to whom issued
§ 8.01-203. Goods and chattels liable before real estate
§ 8.01-204. Notice of sale of real estate; when sale to be made
§ 8.01-207. Who to collect purchase money and make deed; disposition of proceeds of sale
§ 8.01-208. When successor of officer to make deed
§ 8.01-209. Bond for purchase money to have force of judgment
§ 8.01-210. Judgment against deceased obligors
§ 8.01-211. When venditioni exponas issued to sheriff of adjacent county; what to contain
§ 8.01-212. Officer to deliver to sheriff goods and chattels levied on
§ 8.01-213. Where same to be sold
§ 8.01-214. Where real estate to be sold
§ 8.01-215. Return of officer when sale not made because of prior encumbrance
§ 8.01-216. Comptroller's power to adjust old claims
§ 8.01-216.3. False claims; civil penalty
§ 8.01-216.4. Attorney General; investigation, civil action
§ 8.01-216.5. Civil actions filed by private persons; Commonwealth may intervene
§ 8.01-216.6. Rights of private plaintiff and Commonwealth
§ 8.01-216.7. Award to private plaintiff
§ 8.01-216.9. Procedure; statute of limitations
§ 8.01-216.10. Civil investigative demands; issuance; sharing information
§ 8.01-216.11. Civil investigative demands; contents and deadlines
§ 8.01-216.12. Civil investigative demands; protected material or information
§ 8.01-216.13. Civil investigative demands; service and jurisdiction
§ 8.01-216.14. Civil investigative demands; documentary material
§ 8.01-216.15. Civil investigative demands; interrogatories
§ 8.01-216.16. Civil investigative demands; oral examinations
§ 8.01-216.17. Civil investigative demands; custodian of documents; answers
§ 8.01-216.18. Civil investigative demands; judicial proceedings for noncompliance
§ 8.01-216.19. Application of the Rules of the Supreme Court
§ 8.01-217. How name of person may be changed
§ 8.01-218. Replevin abolished
§ 8.01-219. Effect of judgment in trover
§ 8.01-219.1. Responsibility of possessor of real property for harm to trespasser
§ 8.01-220.1:2. Civil immunity for teachers under certain circumstances
§ 8.01-220.1:3. Immunity for members of church, synagogue or religious body
§ 8.01-220.1:4. Civil immunity for officers and directors of certain nonprofit organizations
§ 8.01-220.1:5. Defense of intra-family immunity abolished for wrongful death actions
§ 8.01-220.2. Spousal liability for medical care
§ 8.01-221. Damages from violation of statute, remedy therefor and penalty
§ 8.01-221.1. Unestablished business damages; lost profits
§ 8.01-221.2. Rescission; undue influence; attorney fees
§ 8.01-223. Lack of privity no defense in certain cases
§ 8.01-223.1. Use of constitutional rights
§ 8.01-225. Persons rendering emergency care, obstetrical services exempt from liability
§ 8.01-225.02. Certain liability protection for health care providers during disasters
§ 8.01-225.1. Immunity for team physicians
§ 8.01-225.2. Immunity for those rendering emergency care to animals
§ 8.01-225.3. Immunity for volunteer first responders en route to an emergency
§ 8.01-226. Duty of care to law-enforcement officers, firefighters, etc.
§ 8.01-226.1. Civil immunity when participating in Lawyers Helping Lawyers
§ 8.01-226.4. Civil immunity for hospice volunteers
§ 8.01-226.5. Immunity for installers and inspectors of child restraint devices
§ 8.01-226.10. Civil immunity for causing the arrest of a person for a bad check
§ 8.01-226.11. Civil immunity for operation of victim notification program
§ 8.01-226.12. Duty of landlord and managing agent with respect to visible mold
§ 8.01-226.13. Limited standing to seek injunctive relief against manufacturing companies
§ 8.01-227. Remedy by motion on certain bonds given or taken by officers; notice
§ 8.01-227.7. Statute of limitations
§ 8.01-227.9. Civil immunity for space flight entities
§ 8.01-227.10. Warning required
§ 8.01-227.12. Warnings and other winter sports area operator requirements
§ 8.01-227.13. Winter sports area trail maps
§ 8.01-227.14. Freestyle terrain
§ 8.01-227.15. Winter sports area vehicles
§ 8.01-227.16. Passenger tramways
§ 8.01-227.19. Assumption of risks
§ 8.01-227.20. Liability of winter sports area operator
§ 8.01-227.21. Common law regarding minors
§ 8.01-227.22. Failure to fulfill duty or responsibility not negligence per se