At any sale under this article neither a fiduciary for a person under a disability, as defined under this article, nor the guardian ad litem shall be a purchaser directly or indirectly; provided, however, such fiduciary may be a purchaser if the court finds that such a purchase by the fiduciary is in the best interests of the person under a disability.
§ 8.01-75.Who not to be purchaser.
Chapter 3. Actions · Article 8. Actions for the Sale, Lease, Exchange, Redemption and Other Disposition of · Last amended 1980 · Last verified July 16, 2026
In one sentenceSection 8.01-75 bars a fiduciary for a person under a disability and the guardian ad litem from buying, directly or indirectly, at a sale conducted under Article 8, unless the court finds that a purchase by the fiduciary serves the disabled person’s best interests.
Full Text of § 8.01-75
Plain-English Summary
This section closes an obvious conflict of interest. Neither the fiduciary representing a person under a disability nor the guardian ad litem appointed to protect that person’s interests may become the purchaser — directly or through some other arrangement — at a sale conducted under Article 8.
The one exception runs only to the fiduciary, not the guardian ad litem: a fiduciary may purchase if the court makes an affirmative finding that doing so serves the best interests of the person under a disability. Absent that finding, the prohibition holds.
Frequently Asked Questions
Can the fiduciary for a disabled person buy the property at the court-ordered sale?
Only if the court finds that the purchase is in the best interests of the person under a disability. Without that finding, the fiduciary cannot be a purchaser, directly or indirectly.
Can the guardian ad litem purchase the property at the sale?
No. Unlike the fiduciary, the guardian ad litem has no exception written into this section and may not be a purchaser under any circumstance described here.
What does “indirectly” purchasing mean under this section?
The statute does not define the term further, but its inclusion closes off arrangements where the fiduciary or guardian ad litem tries to acquire the property through another party rather than bidding personally.
Who decides whether the fiduciary’s purchase serves the disabled person’s best interests?
The court. The exception applies only when the court finds that the fiduciary’s purchase serves those interests — it is not a determination the fiduciary can make on its own.
Does this prohibition apply to every kind of Article 8 sale?
Yes. It applies broadly to “any sale under this article,” covering sales ordered under the various sections of Article 8 governing disposition of a disabled person’s real estate.
Amendment History
Code 1950, § 8-684; 1977, c. 617; 1980, c. 346.
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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