In all cases where real estate has been or may hereafter be taken on execution and appraised and twice advertised and offered for sale, and shall remain unsold for the want of bidders it shall be the duty of the court from which such execution issued, on motion of the plaintiff, to set aside such appraisement and order a new one to be made, or to set aside such levy and appraisement and award a new execution to issue, as the case may require.
§ 801.Reappraisal Where Realty Twice Advertised For Sale
Chapter 13: Limitation of Actions · Last amended November 1, 2000 · Last verified August 3, 2026
In one sentenceSection 801 requires the court, once real estate offered for sale twice under an execution has drawn no bidders, to set aside the appraisement for a new one, or start over with a new levy, appraisement, and execution, whenever the plaintiff moves for that relief.
Full Text of § 801
Amendment History
R.L. 1910, § 5177; Amended by Laws 2000, SB 1332, c. 380, §1, eff. 11/1/2000.
Plain-English Summary
Section 801 covers real estate that just won't sell. If land taken on execution has been appraised, then advertised and offered for sale twice, and still draws no bidders, the issuing court, on the plaintiff's motion, has to act: either set aside the existing appraisement and order a new one, or set aside the whole levy and appraisement and award a new execution, whichever the situation calls for.
Frequently Asked Questions
What happens if nobody bids on land at two separate sheriff's sales?
On the plaintiff's motion, the court sets aside the appraisement for a new one, or sets aside the levy and appraisement entirely and orders a new execution.
Who has to ask the court to act after two failed sales?
The plaintiff must move for relief; the court doesn't act on its own.
Does the court have a choice between a new appraisal and starting over completely?
Yes, the text lets the court order whichever fits “as the case may require,” a fresh appraisement or a new levy, appraisement, and execution.
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: land wont sell sheriff sale oklahomareappraisal after two failed sales oklahoma12 O.S. § 801new execution unsold real estate oklahoma