If the purchaser of real estate sold on execution, the purchaser’s heirs or assigns shall be evicted from such real estate, or if in an action for the recovery thereof judgment shall be rendered against the purchaser or the purchaser’s heirs or assigns in consequence of any irregularity in such sale, or of the judgment upon which such execution issued being vacated or reversed, the purchaser or the purchaser’s heirs or assigns may recover of the party for whose benefit such real estate was sold the amount paid on the purchase thereof, with interest.
815.57.Sheriff’s deed, recovery of purchase price on eviction.
Ch. 815: Executions · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 815.57 lets a purchaser at an execution sale (or the purchaser’s heirs or assigns) who is evicted, or who loses a suit over the property because of an irregularity in the sale or a vacated or reversed judgment, recover the purchase price with interest from the party the sale benefited.
Full Text of Section 815.57
Plain-English Summary
Buying property at an execution sale carries risk: the sale might later turn out to be flawed. Section 815.57 gives the purchaser, or the purchaser’s heirs or assigns, a way to recoup that loss. If the purchaser is evicted from the property, or loses an action brought to recover it, because of an irregularity in the sale or because the underlying judgment was vacated or reversed, the purchaser may recover the amount paid at the sale, with interest.
That recovery does not come from the sheriff or the court. It comes from the party for whose benefit the real estate was sold in the first place — typically the judgment creditor who pushed the execution through. Section 815.57 places the risk of a defective sale back on the party who stood to gain from it, rather than leaving the purchaser to absorb the loss alone.
Frequently Asked Questions
What can I do if I am evicted from property I bought at a Wisconsin execution sale?
Section 815.57 lets you recover the amount you paid at the sale, with interest, from the party for whose benefit the property was sold, if the eviction resulted from an irregularity in the sale or a vacated or reversed judgment.
Who has to pay me back if the sale turns out to be defective?
Section 815.57 identifies that party as the one for whose benefit the real estate was sold — the party the execution sale was meant to satisfy.
Does this right pass to my heirs if I have died?
Yes. Section 815.57 extends the recovery right to the purchaser’s heirs or assigns as well as to the purchaser directly.
What counts as a reason to recover under this section?
Section 815.57 covers eviction from the property, or a judgment against the purchaser in an action to recover it, resulting from an irregularity in the sale, or from the judgment underlying the execution being vacated or reversed.
Do I get interest on top of the purchase price I paid?
Yes. Section 815.57 allows recovery of the amount paid on the purchase together with interest.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 815.57; 1993 a. 486.
Source & verification. Section text and official notes are
reproduced verbatim from the Wisconsin Statutes, published by the
Wisconsin Legislature (Legislative Reference Bureau). Last verified July 15, 2026.
· Official source
Also known as: wisconsin execution sale eviction recoverypurchaser refund defective execution salevacated judgment execution sale purchaser rightsrecover purchase price execution sale wisconsin