If, at any sale by an officer, the purchaser does not comply with the terms of sale, the officer may sell the property, either forthwith or under a new advertisement, or return that the property was not sold for want of bidders. If, on a resale, the property be sold for less than it sold for before, the first purchaser shall be liable for the difference to the creditor, so far as is required to satisfy him, and to the debtor for the balance. This section shall not prevent the creditor from proceeding as he might have done if it had not been enacted.
§ 8.01-494.Resale of property if purchaser fails to comply; remedy against such purchaser.
Chapter 18. Executions and Other Means of Recovery · Article 4. Enforcement Generally · Last amended 1977 · Last verified July 16, 2026
In one sentenceIf a buyer at an officer’s sale fails to comply with the sale terms, the officer may resell the property right away or under a new advertisement, and if the resale brings a lower price, the original defaulting purchaser owes the difference to the creditor and any remaining balance to the debtor.
Full Text of § 8.01-494
Plain-English Summary
Winning bidders at an execution sale sometimes do not follow through — they cannot produce the cash, or walk away after the gavel falls. Section 8.01-494 gives the officer a menu of options rather than leaving the sale in limbo: sell the property again immediately, sell it again under a fresh advertisement, or return that the property went unsold for want of bidders.
The section also makes the defaulting purchaser financially responsible for the shortfall. If the resale brings in less money than the original sale did, the first purchaser owes the difference — first to the creditor, to whatever extent needed to satisfy the judgment, and then to the debtor for whatever balance remains. That exposure gives bidders a real incentive to follow through on a winning bid rather than treat it as a free option.
The section closes by preserving the creditor’s other options: nothing here cuts off any remedy the creditor could have pursued if this statute did not exist.
Frequently Asked Questions
What can an officer do if the purchaser at a sale does not comply with the terms?
Sell the property either forthwith or under a new advertisement, or return that the property was not sold for want of bidders.
What happens if the resale brings a lower price than the original sale?
The first purchaser is liable for the difference, first to the creditor to the extent needed to satisfy the debt, and then to the debtor for any remaining balance.
Does this section take away the creditor’s other legal remedies?
No, the section states it does not prevent the creditor from proceeding as the creditor might have done if this section had not been enacted.
Can the officer resell the property without a new advertisement?
Yes, the officer may sell it forthwith, without necessarily issuing a new advertisement.
Who is financially responsible for a shortfall between the original bid and the resale price?
The original noncompliant purchaser is liable for that difference.
Amendment History
Code 1950, § 8-423; 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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