O.C.G.A. § 9-13-170 (2019)
Liability for purchase money; officer’s collection options
(a) Any person who becomes the purchaser of any real or personal property at any sale made at public outcry by any executor, administrator, or guardian or by any sheriff or other officer under and by virtue of any execution or other legal process, who fails or refuses to comply with the terms of the sale when requested to do so, shall be liable for the amount of the purchase money. It shall be at the option of the sheriff or other officer either to proceed against the purchaser for the full amount of the purchase money or to resell the real or personal property and then proceed against the first purchaser for any deficiency arising from the sale.
(b) The action provided for in subsection (a) of this Code section may be brought in the name of the sheriff or other officer making the sale for the use of the plaintiff or defendant in execution or any other person in interest, as the case may be. (Laws 1831, Cobb’s 1851 Digest, p. 514; Code 1863, §§ 3582, 3583; Code 1868, §§ 3605, 3606; Code 1873, §§ 3655, 3656; Code 1882, §§ 3655, 3656; Civil Code 1895, §§ 5466, 5467; Civil Code 1910, §§ 6071, 6072; Code 1933, §§ 39-1301, 39-1302; Ga. L. 1982, p. 3, § 9.)
Annotations
JUDICIAL DECISIONS This section grants to officer right to sell property and sue for deficiency, rather than bring suit for the entire purchase price. Collier v. Perkerson, 31 Ga. 117 (1860); Oliver v. State, 66 Ga. 602 (1881). This section does not apply when second sale was under older executions. Barlow v. Toole, 80 Ga. 9, 5 S.E. 246 (1887). This section does not apply when only part of property is resold. Smith v. Roberts, 106 Ga. 409, 32 S.E. 375 (1899). Bidder takes risk when the bidder refuses to comply with the bid and lets the property be sold again, in that the bidder takes the chance of the property bringing more or less than the bidder, thus eliminating or increasing the bidder’s liability. Womack v. Tidewell, 38 Ga. App. 232, 143 S.E. 620 (1928). Plaintiff and defendant in execution have same rights under subsection (b) of this section. Cureton v. Wright, 73 Ga. 8 (1884). Resale must be made as soon as practicable. Saunders v. Bell, 56 Ga. 442 (1876); Roberts v. Smith, 137 Ga. 30, 72 S.E. 410 (1911); Hardin v. Adair, 140 Ga. 263, 78 S.E. 1073 (1913). It is questionable whether executor or administrator could elect to resell after delay of 13 months at the instance
of the purchaser. Peek v. Peek, 166 Ga. 166, 142 S.E. 663 (1928). Sheriff cannot give bidder certain time to raise money. Willbanks v. Untriner, 98 Ga. 801, 25 S.E. 841 (1896); Wood v. Henry, 107 Ga. 389, 33 S.E. 410 (1899). Notice of resale may be given on day of original sale. Suttles v. Sewell, 109 Ga. 707, 35 S.E. 224 (1900); Brockhan v. Hirsch, 128 Ga. 819, 58 S.E. 468 (1907). Notice of resale need not state that original bidder is held liable for deficiency. Gay v. Parish, 138 Ga. 399, 75 S.E. 323 (1912). Agent who bid for purchaser need not be made party to action against the purchaser. Sproull v. Seay, 74 Ga. 676 (1885). To charge purchaser at first sale, sheriff would have to show that second sale was consummated. Hicks v. Ayer, 5 Ga. 298 (1848); Orr v. Brown, 5 Ga. 400 (1848); Henderick v. Davis, 27 Ga. 167 (1859). Cited in Morgan v. Wolpert, 164 Ga. 462, 139 S.E. 15 (1927); Zugar v. Scarbrough, 186 Ga. 310, 197 S.E. 854 (1938); Sims v. Ramsey, 186 Ga. 732, 198 S.E. 770 (1938); Citizens Bank v. Lamar County, 187 Ga. 123, 200 S.E. 257 (1938); Allen v. Bemis, 193 Ga. 556, 19 S.E.2d 516 (1942); Timpson v. Simmons, 188 Ga. App. 793, 374 S.E.2d 356 (1988).
RESEARCH REFERENCES Am. Jur. 2d. - 47 Am. Jur. 2d, Judicial Sales, §§ 135 et seq., 141 et seq. Am. Jur. Pleading and Practice Forms. - 15A Am. Jur. Pleading and Practice Forms, Judicial Sales, § 70.
C.J.S. - 50A C.J.S., Judicial Sales, § 59 et seq. ALR. - Grounds, other than resale or defective title or irregularity in sale, for relief of successful bidder at judicial sale
from obligation to comply with bid, 63 ALR 974. Conclusiveness on purchaser at judicial sale of provisions of order or decree of confirmation regarding terms and conditions, 95 ALR 1492. Attack upon judgment by purchasers at judicial sale for purpose of preventing
confirmation, or otherwise relieving them from the obligation assumed, 174 ALR 538. Enforceability as between the parties of agreement to purchase property at judicial or tax sale for their joint benefit, 14 ALR2d 1267.