1-339.23. Public sale; when confirmation of sale of personal property necessary; delivery of property; bill of sale.
(a) When any person interested as a creditor, devisee, distributee, or otherwise, in the proceeds of a public sale of personal property, objects at the sale to the completion of the sale of any article of property on account of the insufficiency of the amount bid, title to such property shall not pass and possession of the property shall not be delivered until the sale of such property is reported and is confirmed by the judge or clerk of court having jurisdiction; but such objection to the completion of the sale of any article of property shall not prevent the completion of the sales of articles of property to which no objection is made where the same have been separately sold. When a judge or clerk having jurisdiction fails or refuses to confirm a sale of property which has thus been objected to, the procedure for a new sale of such property, including a new order of sale, shall be the same as if no such attempted sale has been held. This subsection shall not apply to perishable property sold pursuant to G.S. 1-339.19.
(b) Except as provided in subsection (a), the person holding a public sale of personal property shall deliver the property to the purchaser immediately upon compliance by the purchaser with the terms of the sale.
(c) The person holding a public sale may execute and deliver a bill of sale or other muniment of title for any personal property sold, and, upon application of the purchaser, shall do so when required by the judge or clerk of court having jurisdiction. (1949, c. 719, s. 1; 1971, c. 268, s. 18; 2011-284, s. 4.)
Structure North Carolina General Statutes
North Carolina General Statutes
§ 1-339.2 - Application of Part 1.
§ 1-339.3A - Judge or clerk may order public or private sale.
§ 1-339.4 - Who may hold sale.
§ 1-339.5 - Days on which sale may be held.
§ 1-339.6 - Place of public sale.
§ 1-339.7 - Presence of personal property at public sale required.
§ 1-339.8 - Public sale of separate tracts in different counties.
§ 1-339.9 - Sale as a whole or in parts.
§ 1-339.10 - Bond of person holding sale.
§ 1-339.11 - Compensation of person holding sale.
§ 1-339.12 - Clerk's authority to compel report or accounting; contempt proceeding.
§ 1-339.13 - Public sale; order of sale.
§ 1-339.13A - Public sale of timber by sealed bid; appraisal; bid procedure.
§ 1-339.14 - Public sale; judge's approval of clerk's order of sale.
§ 1-339.15 - Public sale; contents of notice of sale.
§ 1-339.16 - Public sale; time for beginning advertisement.
§ 1-339.17 - Public sale; posting and publishing notice of sale of real property.
§ 1-339.18 - Public sale; posting notice of sale of personal property.
§ 1-339.19 - Public sale; exception; perishable property.
§ 1-339.20 - Public sale; postponement of sale.
§ 1-339.21 - Public sale by auction; time of sale.
§ 1-339.22 - Public sale by auction; continuance of uncompleted sale.
§ 1-339.24 - Public sale; report of sale; when final as to personal property.
§ 1-339.25 - Public sale; upset bid on real property; compliance bond.
§ 1-339.27A - Ordering resale of real property after sale or upset bid.
§ 1-339.28 - Public sale; confirmation of sale.
§ 1-339.29 - Public sale; real property; deed; order for possession.
§ 1-339.30 - Public sale; failure of bidder to make cash deposit or to comply with bid; resale.
§ 1-339.31 - Public sale; report of commissioner or trustee in deed of trust.
§ 1-339.33 - Private sale; order of sale.
§ 1-339.34 - Private sale; exception; certain personal property.
§ 1-339.35 - Private sale; report of sale.
§ 1-339.36 - Private sale; upset bid; subsequent procedure; defaulting bidder.
§ 1-339.37 - Private sale; confirmation.
§ 1-339.38 - Private sale; real property; deed; order for possession.
§ 1-339.39 - Private sale; personal property; delivery; bill of sale.