La. Rev. Stat. § 9:3161

In all cases of sale by auction, whether of movables or immovables, if the person to whom adjudication is made, does not pay the price at the time required, agreeably to the two preceding articles, the seller at the end of ten days, and after the customary notices, may again expose to public sale the thing sold, as if the first adjudication had never been made; and if at the second crying, the thing is adjudged for a smaller price than that which had been offered by the person to whom the first adjudication was made, the latter remains a debtor to the vendor, for the deficiency and for all the expenses incurred subsequent to the first sale. But if a higher price is offered for the thing than that for which it was first adjudged, the first purchaser has no claim for the excess.

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§3161. Resale for non-compliance with bid; adjudicatee's liability for deficiency

In all cases of sale by auction, whether of movables or immovables, if the person to whom adjudication is made, does not pay the price at the time required, agreeably to the two preceding articles, the seller at the end of ten days, and after the customary notices, may again expose to public sale the thing sold, as if the first adjudication had never been made; and if at the second crying, the thing is adjudged for a smaller price than that which had been offered by the person to whom the first adjudication was made, the latter remains a debtor to the vendor, for the deficiency and for all the expenses incurred subsequent to the first sale. But if a higher price is offered for the thing than that for which it was first adjudged, the first purchaser has no claim for the excess.

Redesignated by Acts 1993, No. 841, §2, eff. Jan. 1, 1995.

Notes of Decisions

Cited in 4 cases, 1999–2020 · leading case: Orange Grove Properties, LLC v. Allured

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Orange Grove Properties, LLC v. Allured (2004) lactapp · cites it 2× “R.S. 9:3161. Here, the funds were paid within forty-eight hours, and there is no evidence that any party required the passage of the act of sale within a twenty-four hour period.”

Wright v. Assurance Co. of America (1999) lactapp “R.S. 9:3161 for non-judicial sales by auction.”

Weinhoffer v. Davie Shoring, Inc. (2020) laed · cites it 13× “R.S. 9:3161, it is precluded from pursuing any other remedies.”

Caldwell v. Leche (2008) lactapp “R.S. 9:3161. Deputy Sheriff Donna Lester was in charge of completing the November 9, 2005 sale.”

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