1-339.69. Failure of bidder to comply with bid; resale.
(a) When the highest bidder at a sale of personal property fails to pay the amount of the bid, the sheriff shall at the same time and place immediately resell the property. In the event no other bid is received, a new sale may be advertised in the regular manner provided by this Article for an original sale.
(b) When the highest bidder at a sale or resale of real property or any upset bidder fails to comply with the bid within 10 days after the tender to the bidder of a deed for the property or after a bona fide attempt to tender such deed, the clerk of the superior court who issued the execution may order a resale. The procedure for such resale is the same in every respect as is provided by this Article in the case of an original sale of real property.
(c) A defaulting bidder at any sale or resale or any defaulting upset bidder is liable on the bid, and in case a resale is had because of the default, the defaulting bidder remains liable to the extent that the final sale price is less than the bid plus all costs of the resale or resales. Any deposit or compliance bond made by the defaulting bidder shall secure payment of the amount, if any, for which the defaulting bidder remains liable under this section.
(d) Nothing in this section deprives any person of any other remedy against the defaulting bidder. (1949, c. 719, s. 1; 2001-271, s. 18.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 29B - Execution Sales.
§ 1-339.42 - Clerk's authority to fix procedural details.
§ 1-339.43 - Days on which sale may be held.
§ 1-339.45 - Presence of personal property at sale required.
§ 1-339.46 - Sale as a whole or in parts.
§ 1-339.47 - Sale to be made for cash.
§ 1-339.48 - Life of execution.
§ 1-339.49 - Penalty for selling contrary to law.
§ 1-339.50 - Officer's return of no sale for want of bidders; penalty.
§ 1-339.51 - Contents of notice of sale.
§ 1-339.52 - Posting and publishing notice of sale of real property.
§ 1-339.53 - Posting notice of sale of personal property.
§ 1-339.54 - Notice to judgment debtor of sale of real property.
§ 1-339.55 - Notification of Governor and Attorney General.
§ 1-339.56 - Exception; perishable property.
§ 1-339.57 - Satisfaction of judgment before sale completed.
§ 1-339.58 - Postponement of sale.
§ 1-339.59 - Procedure upon dissolution of order restraining or enjoining sale.
§ 1-339.61 - Continuance of uncompleted sale.
§ 1-339.62 - Delivery of personal property; bill of sale.
§ 1-339.64 - Upset bid on real property; compliance bond.
§ 1-339.65 - Separate upset bids when real property sold in parts; subsequent procedure.
§ 1-339.66A - Ordering resale of real property after upset bid.
§ 1-339.67 - Confirmation of sale of real property.
§ 1-339.68 - Deed for real property sold; property subject to liens; orders for possession.
§ 1-339.69 - Failure of bidder to comply with bid; resale.
§ 1-339.70 - Disposition of proceeds of sale.
§ 1-339.71 - Special proceeding to determine ownership of surplus.