The sale shall be upon six months' credit; and if the land be not purchased for the Commonwealth, the officer shall take bond of the purchaser, with sureties, for the payment of the purchase money to the Commonwealth. Every such bond shall mention on what occasion the same was taken, and be returned to the office of the court from which the execution issued, and the clerk shall endorse thereon the date of its return.
§ 8.01-206.Terms of sale.
Chapter 3. Actions · Article 19. Actions by the Commonwealth · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-206 sets the sale of real estate in a Commonwealth collection case on six months’ credit, requiring the purchaser to post a secured bond for the purchase price unless the Commonwealth itself buys the land, with the bond returned to the issuing court and dated by the clerk.
Full Text of § 8.01-206
Plain-English Summary
Section 8.01-206 sets the payment terms for a real estate sale conducted under this article. The sale is made on six months’ credit rather than for cash. Unless the Commonwealth itself is the purchaser, the officer conducting the sale takes a bond from the purchaser, backed by sureties, securing payment of the purchase money to the Commonwealth.
That bond has to identify what it was given for, and it goes back to the office of the court from which the execution issued, where the clerk marks it with the date of its return. The bond then becomes the mechanism the Commonwealth relies on to collect the purchase price when the six-month credit period runs out.
Frequently Asked Questions
Does the buyer at this kind of sale have to pay cash upfront?
No. Section 8.01-206 puts the sale on six months’ credit rather than requiring immediate payment.
What does the purchaser have to provide instead of immediate payment?
A bond, with sureties, securing payment of the purchase money to the Commonwealth.
What happens if the Commonwealth itself buys the land at the sale?
No purchaser’s bond is needed in that situation — the bond requirement applies only when the land is not purchased for the Commonwealth.
Where does the purchaser’s bond get filed?
It is returned to the office of the court from which the execution issued, and the clerk endorses it with the date of return.
What information does the bond have to state?
It must mention on what occasion it was taken, tying the bond back to the specific sale and execution it secures.
Amendment History
Code 1950, § 8-769; 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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