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§ 9-13-169.Note or memorandum unnecessary

Chapter 13. Executions and Judicial Sales · Article 7. Judicial Sales · Last amended 1933 · Last verified July 17, 2026

In one sentenceO.C.G.A. § 9-13-169 provides that no written note or memorandum is necessary to bind a bidder at a judicial sale, freeing the enforcement of a winning bid from the writing requirement that Georgia’s statute of frauds otherwise imposes on many contracts, including sales of land.

Full Text of § 9-13-169

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No note or memorandum in writing shall be necessary to charge any person at a judicial sale.

Plain-English Summary

Georgia’s statute of frauds generally requires a signed writing to enforce a contract for the sale of land, among other categories of contracts. A judicial sale is, in form, a sale, so without this section a defaulting bidder might argue there was never a signed contract binding enough to enforce. This section forecloses that argument outright: no note or memorandum in writing is necessary to charge any person at a judicial sale.

The practical effect is that an oral bid accepted at public outcry is enough on its own to bind the bidder, whether the property being sold is real estate or personal property. That rule connects directly to Code Section 9-13-170, which spells out the consequence — liability for the purchase money, at the selling officer’s election — when a bidder bound this way then fails or refuses to go through with the sale.

Frequently Asked Questions

Does a winning bidder at a sheriff’s sale need to sign anything to be bound?

No. This section states that no note or memorandum in writing is necessary to charge a person at a judicial sale.

Does Georgia’s statute of frauds requirement for land sales apply to bids at a judicial sale?

This section removes that writing requirement specifically for judicial sales, even though sales of land generally require a signed writing outside this context.

Is an oral bid at public outcry enforceable on its own?

Yes. Under this section, an oral bid can bind the bidder without any written confirmation.

What happens if a bidder bound this way refuses to complete the purchase?

Code Section 9-13-170 makes the bidder liable for the purchase money and gives the officer options for collecting it.

Does this rule apply to both real and personal property sold at judicial sale?

Yes. The section is not limited by type of property, so it applies to judicial sales generally.

Amendment History

Laws 1831, Cobb’s 1851 Digest, p. 514.; Code 1863, § 2577; Code 1868, § 2579; Code 1873, § 2621; Code 1882, § 2621; Civil Code 1895, § 5448; Civil Code 1910, § 6053; Code 1933, § 39-1306.

Source & verification. Section text and amendment history are reproduced verbatim from the Official Code of Georgia Annotated, published by the Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026. · Official source
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