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§ 769.Place of Sale - Officers Or Appraisers Not to Purchase

Chapter 13: Limitation of Actions · Last amended May 25, 2022 · Last verified August 3, 2026

In one sentenceSection 769 fixes where an execution sale of real estate must take place in Oklahoma, and bars the selling officer, any appraiser, or an online auction marketplace and its officers or partners from directly or indirectly buying the property sold.

Full Text of § 769

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All sales of lands or tenements under execution shall be held at the courthouse in the county in which the lands or tenements are situated, unless some other place within the county is designated by the judge having jurisdiction in the case; or by public auction through the Internet or other electronic means, if notice of the date, time, and place of the intended sale is provided as required pursuant to Section 764 of this title. For a public auction held through the Internet or other electronic means, place may include the Internet website of an online auction marketplace selected by the sheriff to host and conduct the sheriff's sale of such lands or tenements. No sheriff or other officer making the sale of property, either personal or real, nor any appraiser or online auction marketplace, shall either directly or indirectly purchase the same; and every purchase so made shall be considered fraudulent and void. If the online auction marketplace is a corporation, limited liability company, limited liability partnership, or partnership, the foregoing restriction shall apply to any director, officer, employee, managing member, or partner of such appraiser or online auction marketplace.

Amendment History

Amended by Laws 2022, c. 326, s. 4, eff. 5/25/2022. R.L. 1910, § 5171; Amended by Laws 1965, HB 811, c. 173, § 1, emerg. eff. 6/2/1965.

Plain-English Summary

Section 769 fixes where an Oklahoma execution sale of real estate happens: the courthouse in the county where the land sits, unless the judge with jurisdiction over the case designates a different spot in the county, or, if proper notice under Section 764 has been given, a public auction conducted through the internet or other electronic means, which can include the website of an online auction marketplace the sheriff selects.

The section also polices who can bid. No sheriff or other officer conducting the sale, no appraiser, and no online auction marketplace can buy the property, directly or indirectly; any such purchase counts as fraudulent and void. If the online marketplace is a corporation, LLC, LLP, or partnership, that same restriction reaches its directors, officers, employees, managing members, and partners.

Frequently Asked Questions

Where must an Oklahoma sheriff's sale of real estate take place?

At the county courthouse, unless the judge designates another spot in the county, or online through a marketplace, provided the notice Section 764 requires has been given.

Can the sheriff or an appraiser buy the property at their own sale?

No. Section 769 makes any such purchase, direct or indirect, fraudulent and void.

Does the no-purchase rule reach the online auction company's own staff?

Yes, if the marketplace is a corporation, LLC, LLP, or partnership, the restriction covers its directors, officers, employees, managing members, and partners.

Can the sale location include an online auction marketplace's website?

Yes, the text says the place of sale may include the internet website of an online auction marketplace the sheriff selects.

Source & verification. Section text is reproduced verbatim from Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature. Last verified August 3, 2026. · Official source
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