(a) Any person who becomes the purchaser of any real or personal property at any sale made at public outcry by any executor, administrator, or guardian or by any sheriff or other officer under and by virtue of any execution or other legal process, who fails or refuses to comply with the terms of the sale when requested to do so, shall be liable for the amount of the purchase money. It shall be at the option of the sheriff or other officer either to proceed against the purchaser for the full amount of the purchase money or to resell the real or personal property and then proceed against the first purchaser for any deficiency arising from the sale.
§ 9-13-170.Liability for purchase money; officer’s collection options
Chapter 13. Executions and Judicial Sales · Article 7. Judicial Sales · Last amended 1982 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-13-170 makes a purchaser at a public-outcry sale by an executor, administrator, guardian, sheriff, or other officer liable for the purchase money if the purchaser fails or refuses to complete the sale on request, gives the officer the choice of either suing the purchaser for the full price or reselling the property and suing the original purchaser for any resulting deficiency, and allows that suit to be brought in the officer’s name for the benefit of the plaintiff, the defendant, or another interested person.
Full Text of § 9-13-170
(b) The action provided for in subsection (a) of this Code section may be brought in the name of the sheriff or other officer making the sale for the use of the plaintiff or defendant in execution or any other person in interest, as the case may be.
Plain-English Summary
Because Code Section 9-13-169 lets a bid bind the purchaser without any signed writing, walking away from a winning bid at a judicial sale is not free. Subsection (a) sets the consequence: any person who buys real or personal property at a public-outcry sale by an executor, administrator, guardian, sheriff, or other officer, and who then fails or refuses to comply with the sale terms when asked to do so, becomes liable for the amount of the purchase money.
The choice of how to collect that liability belongs to the officer, not the defaulting purchaser. The officer may sue the purchaser directly for the full purchase price, or resell the property and pursue the original purchaser only for any deficiency between what the resale brings in and what the purchaser originally bid — flexibility that lets the officer pick whichever route better serves the interested parties given how a resale is likely to go.
Subsection (b) makes clear who stands to gain from that suit. It is brought in the officer’s name, since the officer is the nominal seller, but for the use of the plaintiff or defendant in execution, or any other interested person — meaning the real financial beneficiary is whoever was entitled to the sale proceeds in the first place, not the officer personally.
Frequently Asked Questions
What happens if a winning bidder at a judicial sale backs out?
The bidder becomes liable for the amount of the purchase money.
Does the officer have to resell the property before suing the defaulting bidder?
No. It is the officer’s option to either sue for the full purchase money or to resell the property and sue for any deficiency instead.
If the officer resells the property for less, can the original bidder be sued for the difference?
Yes. The officer may proceed against the first purchaser for any deficiency arising from the resale.
Who is entitled to the money recovered in a suit against a defaulting purchaser?
The plaintiff or defendant in execution, or another interested person, even though the suit is brought in the officer’s name.
Does this section apply only to sheriff’s sales?
No. It also covers sales by executors, administrators, and guardians at public outcry, not just sheriffs and other execution officers.
Amendment History
Laws 1831, Cobb’s 1851 Digest, p. 514.; Code 1863, §§ 3582, 3583; Code 1868, §§ 3605, 3606; Code 1873, §§ 3655, 3656; Code 1882, §§ 3655, 3656; Civil Code 1895, §§ 5466, 5467; Civil Code 1910, §§ 6071, 6072; Code 1933, §§ 39-1301, 39-1302; Ga. L. 1982, p. 3, § 9.
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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