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§ 8.01-102.Purchasers not required to see to application of purchase money.

Chapter 3. Actions · Article 11. General Provisions for Judicial Sales · Last amended 1977 · Last verified July 16, 2026

In one sentenceSection 8.01-102 excuses a purchaser or renter at a duly authorized sale by a receiver, personal representative, trustee, or other fiduciary from any duty to verify how the purchase money is applied after payment.

Full Text of § 8.01-102

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No purchaser or renter at a duly authorized sale or renting made by a receiver, personal representative, trustee, or other fiduciary shall be required to see to the application of the purchase money.

Plain-English Summary

Section 8.01-102 draws a firm line around a buyer’s responsibility at a fiduciary-run sale. When a receiver, personal representative, trustee, or other fiduciary conducts a duly authorized sale or renting, the purchaser or renter who pays the price has no obligation to track what happens to the money afterward.

That means a buyer does not have to confirm the fiduciary distributed the funds to creditors, heirs, or beneficiaries as required. Once the purchaser pays a properly authorized fiduciary at a valid sale, the transaction is complete on the buyer’s end, and any failure by the fiduciary to apply the money correctly becomes a problem between the fiduciary and the people owed that money — not the purchaser’s problem.

Frequently Asked Questions

If I buy property from an estate’s personal representative, do I have to make sure the money goes to the right heirs?

No. Section 8.01-102 says a purchaser at a duly authorized sale by a personal representative or other fiduciary is not required to see to the application of the purchase money.

Which fiduciaries does this protection cover?

Receivers, personal representatives, trustees, and other fiduciaries conducting a duly authorized sale or renting.

Does this apply to renters as well as buyers?

Yes, the section covers both a purchaser and a renter at such a sale.

What happens if the fiduciary misuses the purchase money after the sale?

That becomes a matter between the fiduciary and the people entitled to the funds; the purchaser who paid in good faith at an authorized sale is not responsible for tracing it.

Does the sale have to be court-authorized for this protection to apply?

The sale or renting has to be duly authorized — the fiduciary must be acting within the authority granted for the sale to fall under this section.

Amendment History

Code 1950, § 8-660; 1977, c. 617.

Source & verification. Section text and amendment history are reproduced verbatim from the Code of Virginia, published by the Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026. · Official source
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