Sec. 5. (a) The auctioneer's fee shall be a reasonable amount stated in the court's order.
(b) This subsection does not apply to a partition action. If the sale by use of an auctioneer has not been agreed to by the creditors in the proceedings and the sale price is less than the sale price described in IC 34-6-2-35, the auctioneer is entitled only to the auctioneer's advertising expenses plus one hundred dollars ($100).
(c) The amount due the auctioneer for the auctioneer's expenses and fee, if any, shall be paid as a cost of the sale from the sale proceeds before the payment of any other payment from the sale proceeds.
[Pre-1998 Recodification Citation: 34-1-39-1.5(d).]
As added by P.L.1-1998, SEC.51. Amended by P.L.94-2014, SEC.9.
Structure Indiana Code
Title 34. Civil Law and Procedure
Article 55. Execution of Judgments
Chapter 6. Sale of Property on Execution
34-55-6-1. Real Estate; Rents and Profits to Be First Offered for Sale
34-55-6-4. Auctioneer's Conduct; Advertising
34-55-6-5. Auctioneer's Fee and Expenses
34-55-6-6. Sale of Rents and Profits
34-55-6-7. Rents and Profits; Maximum Term of Lease
34-55-6-8. Real Estate; Sale at Public Auction
34-55-6-9. Real Estate; Notice and Requirements for Sale
34-55-6-10. Personal Property; Notice Requirements for Sale
34-55-6-11. Personal Property; Sale at Public Auction
34-55-6-12. Insufficient Levy; Further Levy and Sale
34-55-6-13. Unsatisfied Execution; Issuance of New Execution
34-55-6-14. Real Estate; Sheriff's Deed
34-55-6-15. Real Estate; Conveyance of Land to Heirs or Devisees of Deceased Purchaser
34-55-6-16. Procedural Violations by Sheriff; Penalties
34-55-6-17. Purchase of Property by Sheriff or Deputies; Sale Void
34-55-6-18. Failure of Purchaser to Pay for Property; Damages
34-55-6-19. Failure of Purchaser to Pay for Property; Resale of Property; Damages