1-339.36. Private sale; upset bid; subsequent procedure; defaulting bidder.
(a) Every private sale of real or personal property, except a sale of personal property as provided by G.S. 1-339.34, is subject to an upset bid on the same conditions and in the same manner as is provided by G.S. 1-339.25.
(b) When an upset bid is made for property sold at private sale, subsequent procedure with respect to the upset bid is the same as for upset bids submitted in connection with real property sold at public sale, except that the notice of any resale of personal property held pursuant to an order granted under G.S. 1-339.27A need not be published in a newspaper but shall be posted as provided by G.S. 1-339.17.
(c) Subsections (e) and (f) of G.S. 1-339.30 apply to a defaulting bidder in a private sale. (1949, c. 719, s. 1; 2001-271, s. 9; 2021-91, s. 2(a).)
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.