If the purchaser at an execution sale fails to pay the purchase price under the terms of the sale, the sheriff making the sale shall resell the property. Upon motion by the sheriff to the court out of which the execution was issued or the circuit court of the county in which the sale was held, the court may enter a judgment against such purchaser for any loss occasioned by his failure to pay, and for costs. The sheriff may refuse bids of a purchaser who has so failed to pay. The sheriff shall not be liable for the amount of a bid which the purchaser fails to pay.
Rule 76.19.Resale When Purchaser Fails to Pay Purchase Price.
Part I · Rule 76: Executions · Last amended January 1, 1981 · Last verified July 22, 2026
In one sentenceRule 76.19 requires the sheriff to resell property when the winning bidder at an execution sale fails to pay, and lets the court enter judgment against that defaulting bidder for any resulting loss and costs while shielding the sheriff from liability for the unpaid bid.
Full Text of Rule 76.19
Amendment History
Adopted June 10, 1980, eff. Jan. 1, 1981.
Official Comment
This is substantially the same as prior Rules 76.42, 76.43 and 76.44.
Plain-English Summary
An execution sale is not truly complete until the winning bidder pays. Rule 76.19 addresses what happens when that bidder backs out. The sheriff resells the property rather than treating the failed sale as final.
To recover the shortfall this causes, the sheriff can move the court — either the court that issued the execution or the circuit court of the county where the sale was held — for judgment against the defaulting purchaser. That judgment covers any loss the failure caused, plus costs, giving the process a way to make the estate or creditor whole despite the bidder's default.
The rule also protects both the sheriff and future sales. The sheriff may refuse to accept bids from someone who has already failed to pay once, guarding against repeat defaults. And critically, the sheriff bears no personal liability for the amount of a bid the purchaser fails to pay — the risk of a defaulting bidder falls on that bidder, not on the officer conducting the sale.
Frequently Asked Questions
What happens if the winning bidder at an execution sale does not pay?
The sheriff conducting the sale resells the property.
Can the sheriff seek a judgment against a defaulting bidder?
Yes, by motion to the court that issued the execution or the circuit court of the county where the sale was held, for any loss caused by the failure to pay, plus costs.
Can the sheriff refuse future bids from someone who defaulted before?
Yes. The sheriff may refuse bids from a purchaser who has previously failed to pay.
Is the sheriff personally liable for an unpaid bid?
No. The rule specifically states the sheriff is not liable for the amount of a bid the purchaser fails to pay.
What does the judgment against the defaulting bidder cover?
Any loss occasioned by the failure to pay, along with costs.
Does the property need to be readvertised before a resale?
The rule directs the sheriff to resell the property but does not itself spell out a separate notice procedure distinct from the sale rules elsewhere in Rule 76.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Missouri State & Federal Court Rules, adopted by the
Supreme Court of Missouri. Last verified July 22, 2026. ·
Official source
Also known as: defaulting bidderresale of propertypurchaser defaultfailure to pay bid