§ 8.01-109.Commission for selling, collecting, etc.; each piece of property to constitute separate sale.
Chapter 3. Actions · Article 11. General Provisions for Judicial Sales · Last amended 1993 · Last verified July 16, 2026
In one sentenceSection 8.01-109 sets the commission a court officer earns for conducting a judicial sale and collecting proceeds at five percent on amounts up to $100,000 and two percent above that, apportioned between separate officers where appropriate, with each piece of property counted as a separate sale.
Full Text of § 8.01-109
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For the services of commissioners or officers under any decree for a sale, including the collection and paying over of the proceeds, there may be allowed a commission of five percent on amounts up to and including $100,000, and two percent on all amounts above $100,000. If the sale is made by one commissioner or officer and the proceeds collected by another, the court under whose decree they acted shall apportion the commission between them as may be just.
For the purposes of this section, each piece of property so sold shall constitute a separate sale, even though more than one piece of property is sold under the same decree.
Plain-English Summary
Section 8.01-109 fixes the pay a commissioner or officer earns for services performed under a sale decree, including collecting and paying over the proceeds. The commission runs five percent on amounts up to and including $100,000, then drops to two percent on everything above that threshold. When one officer makes the sale but a different officer collects the proceeds, the court that entered the decree divides the commission between them in whatever way is just.
The section also answers a question that matters when a single decree covers multiple properties: does the whole transaction count as one sale for commission purposes, or several? Each piece of property sold counts as a separate sale, even when more than one piece is sold under the same decree — so the commission is calculated property by property rather than lumped together.
Frequently Asked Questions
What commission rate applies to a Virginia judicial sale?
Five percent on amounts up to and including $100,000, and two percent on any amount above $100,000.
What if one officer conducts the sale and a different officer collects the proceeds?
The court under whose decree they acted apportions the commission between the two officers as it finds just.
If a single decree orders three parcels sold, is that one sale or three for commission purposes?
Three. Each piece of property sold constitutes a separate sale, even if multiple pieces are sold under the same decree.
Does the commission cover collecting the proceeds, or only conducting the sale itself?
Both. The commission is for the officer’s services under the decree, including the collection and paying over of the proceeds.
Why does the commission rate drop for the portion above $100,000?
The statute sets a lower rate on the higher tier, so larger sales are not charged the same percentage across the entire amount.
Amendment History
Code 1950, § 8-669; 1950, p. 459; 1966, c. 416; 1974, c. 197; 1977, c. 617; 1993, c. 311.
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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