Rule 653.Resale of Property
Last verified June 28, 2026
In one sentenceRule 653 directs the levying officer, when a bidder does not comply with the terms of sale, to resell the same property on the same day if there is sufficient time, or otherwise at the next sale.
Full Text of Rule 653
When the terms of the sale shall not be complied with by the bidder the levying officer shall proceed to sell the same property again on the same day, if there be sufficient time; but if not, he shall readvertise and sell the same as in the first instance.
End
Plain-English Summary
Rule 653 covers the resale. When the terms of the sale are not complied with by the bidder, the levying officer resells the same property on the same day, if there is sufficient time; if not, the officer readvertises and sells it at the next regular sale day.
Frequently Asked Questions
What happens to property when an execution bidder defaults in Texas?
The officer resells it the same day if there is time, or at the next sale (Rule 653).
Can the officer resell property the same day a bidder defaults in Texas?
Yes, if there's sufficient time left in the day. Rule 653 requires the resale to happen then; otherwise the officer readvertises and sells at the next regular sale day.
Does the officer need to publish a new notice for the second sale under Rule 653?
Only if the same-day resale isn't feasible — then the officer readvertises and sells it as in the first instance.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 653), published by the Texas Judicial Branch (txcourts.gov).
Promulgated by the Supreme Court of Texas. The plain-English summary is original and draws on official sources. Last verified June 28, 2026. ·
Official source
Also known as: resale of property executionTRCP 653same day resale executionreadvertise execution salebidder default resale procedure