Va. Code » Title 8.01. Civil Remedies and Procedure » Chapter 3. Actions » Article 11. General Provisions for Judicial Sales
Virginia Code

Va. Code Ann. § 8.01-109 (2026)

Commission for selling, collecting, etc.; each piece of property to constitute separate sale

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For the services of commissioners or officers under any decree for a sale, including the collection and paying over of the proceeds, there may be allowed a commission of five percent on amounts up to and including $100,000, and two percent on all amounts above $100,000. If the sale is made by one commissioner or officer and the proceeds collected by another, the court under whose decree they acted shall apportion the commission between them as may be just.

For the purposes of this section, each piece of property so sold shall constitute a separate sale, even though more than one piece of property is sold under the same decree.

Code 1950, § 8-669; 1950, p. 459; 1966, c. 416; 1974, c. 197; 1977, c. 617; 1993, c. 311.

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1979–2023 · leading case: HomeSide Lending, Inc. v. Unit Owners Ass'n of Antietam Square Condo., 540 S.E.2d 894 (Va. 2001).
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HomeSide Lending, Inc. v. Unit Owners Ass'n of Antietam Square Condo., 540 S.E.2d 894 (Va. 2001). · cites it 2× “Under Code § 8.01-109, a court may allow “a commission of five percent on amounts up to and including $100,000, and two percent on all amounts above $100,000.”
Austin v. Dobbins, 252 S.E.2d 588 (Va. 1979). “Code § 8-669 (now § 8.01-109) fixes the commission for “the services of commissioners or officers under any decree or order for a sale, including the collection and paying over of the proceeds”.”
Melinda Newnam Mills v. Robert Alexander Mills, 886 S.E.2d 738 (Va. Ct. App. 2023). · cites it 3× “” Code § 8.01-109. We may fairly conclude that by including “any commission authorized by statute,” the trial court intended that the special commissioners would receive their commission.”
Esper v. Gray, 19 Va. Cir. 190 (Caroline Cir. Ct. 1990). · cites it 4× “Virginia Code § 8.01-109 provides that special commissioners appointed by the court to sell property or receive funds shall be entitled to a fee of five percent of the first $50,000.”
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