Chapter 13: Limitation of Actions · Last amended June 2, 2025 · Last verified August 3, 2026
In one sentenceSection 776 lets Oklahoma sheriffs sell levied property through an online auction marketplace, bars the sheriff, any appraiser, or the marketplace and its officers or close relatives from buying that property, requires a nonelectronic bidding option, and caps the marketplace's fees at four hundred twenty-five dollars per confirmed sale.
A.In accordance with the provisions of Section 751 et seq. of Title 12 of the Oklahoma Statutes, sheriffs may conduct the sale of goods, chattels, or lands and tenements utilizing an online auction marketplace.
B.No sheriff or other officer conducting the sale of property or any appraiser or online auction marketplace, including any affiliation with a corporation, limited liability company, limited liability partnership, partnership, or other business entity, shall either directly or indirectly purchase the property; any such purchase shall be considered fraudulent and void. The prohibition of this subsection shall also apply to those related by affinity or consanguinity within the third degree. If the appraiser or online auction marketplace is a corporation, limited liability company, limited liability partnership, partnership, or other business entity, such prohibition shall apply to any director, officer, employee, managing member, or partner of such appraiser or online auction marketplace.
C.If an online auction marketplace is used pursuant to this section, the online auction marketplace shall provide a nonelectronic option for bidders.
D.The online auction marketplace may require bidders to agree to reasonable terms of service or use. Any such terms of service or use shall provide that the terms of service or use are subject to the laws and jurisdiction of this state.
E.The online auction marketplace may collect deposits and payments by wire transfer, electronic funds transfer, or cashier's check from a registered bidder; and remit payment of the purchase price to the court clerk as directed by the sheriff but in no case more than five (5) business days following the completion of the sale.
F.In accordance with the provisions of Section 765 of Title 12 of the Oklahoma Statutes, no buyer's premium shall be charged to a buyer on any sale conducted by a sheriff, or other officer, utilizing an online auction marketplace. The fee charged and all costs incurred by the online auction marketplace shall be assessed as costs not to exceed Four Hundred Twenty-five Dollars ($425.00) per confirmed sale.
Amendment History
Added by Laws 2025, c. 413,s. 4, eff. 6/2/2025.
Plain-English Summary
Section 776, added in 2025, spells out how Oklahoma sheriffs run execution sales through an online auction marketplace under Sections 751 and following. It carries forward the same anti-self-dealing rule that governs in-person sales: no sheriff, other selling officer, appraiser, or the online marketplace itself can buy the property directly or indirectly, and any such purchase is fraudulent and void. That prohibition reaches further here than in Section 769, covering anyone related to a prohibited buyer by affinity or consanguinity within the third degree, and, if the marketplace is a corporation, LLC, LLP, partnership, or other business entity, its directors, officers, employees, managing members, and partners.
The marketplace itself has to offer a nonelectronic way to bid, and can set reasonable terms of service, so long as those terms stay subject to Oklahoma law and jurisdiction. It can collect deposits and payments from registered bidders by wire transfer, electronic funds transfer, or cashier's check, and must remit the purchase price to the court clerk, as the sheriff directs, within five business days after the sale is complete.
As with in-person sales under Section 765, no buyer's premium can be charged. Instead, the marketplace's fee and costs get assessed as costs of the sale, capped at four hundred twenty-five dollars per confirmed sale.
Frequently Asked Questions
Can an Oklahoma sheriff sell seized property through an online auction?
Yes. Section 776, added in 2025, lets sheriffs conduct sales of goods, chattels, or real estate through an online auction marketplace.
Who is barred from bidding on their own execution sale?
The sheriff or other selling officer, any appraiser, and the online marketplace, along with anyone related to them by affinity or consanguinity within the third degree, plus the marketplace's own directors, officers, employees, or partners if it's a business entity.
Must the online marketplace let people bid without using the internet?
Yes. Subsection C requires the marketplace to provide a nonelectronic option for bidders.
How much can the online marketplace charge in fees?
Its fee and costs are assessed as costs of the sale, capped at four hundred twenty-five dollars per confirmed sale.
How quickly must the marketplace turn over the sale proceeds?
Within five business days after the sale is complete, remitted to the court clerk as the sheriff directs.
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
Also known as:online auction sheriff sale rules oklahomaoklahoma online sheriff sale fee cap12 O.S. § 776who cannot bid online sheriff auction oklahoma