{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-83.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-83.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-83.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-83.1.html"}],"law_id":60357,"edition_id":1,"section_id":60357,"structure_id":13817,"section_number":"8.01-83.1","catch_line":"Open-market sale, sealed bids, or auction","history":"2020, cc. 115, 193.","full_text":"A\n\nIf the court orders a sale of property in a partition action under the provisions of § 8.01-83, the sale shall be an open-market sale unless the court finds that a sale by sealed bids or at auction would be more economically advantageous and in the best interests of the parties as a group.B\n\nIf the court orders an open-market sale and the parties, not later than 10 days after the entry of the order, agree on a real estate broker licensed in the Commonwealth to offer the property for sale, the court shall appoint the broker and establish a reasonable commission. If the parties do not agree on a broker, the court shall appoint a disinterested real estate broker licensed in the Commonwealth to offer the property for sale and shall establish a reasonable commission. The broker shall offer the property for sale in a commercially reasonable manner at a price no lower than the determination of value and on the terms and conditions established by the court, including setting a reasonable time for marketing the property at its court-determined value pursuant to § 8.01-81.1.C\n\nIf the broker appointed under subsection B obtains within a reasonable time an offer to purchase the property for at least the determination of value:1\n\nThe broker shall promptly file a report containing (i) a description of the property to be sold to each buyer; (ii) the name of each buyer; (iii) the proposed purchase price; (iv) the terms and conditions of the proposed sale, including the terms of any owner financing; (v) the amounts to be paid to lienholders; (vi) a statement of contractual or other arrangements or conditions of the broker’s commission; and (vii) other material facts relevant to the sale; and2\n\nThe court shall hold a hearing to approve the same and shall appoint a special commissioner to make the sale and execute the deed pursuant to Article 11 (§ 8.01-96 et seq.).D\n\nIf the broker appointed under subsection B does not obtain within a reasonable time an offer to purchase the property for at least the determination of value, the court, after a hearing, may:1\n\nApprove the highest outstanding offer, if any;2\n\nRedetermine the value of the property and order that the property continue to be offered for an additional period of time; or3\n\nOrder that the property be sold by sealed bids or at auction.E\n\nIf the court orders a sale by sealed bids or at auction, the court shall set terms and conditions of such sale by sealed bids or an auction.F\n\nIf a purchaser is entitled to a share of the proceeds of the sale, the purchaser is entitled to a credit against the price in an amount equal to the purchaser’s share of the proceeds.","order_by":null,"text":{"0":{"id":220735,"text":"If the court orders a sale of property in a partition action under the provisions of § 8.01-83, the sale shall be an open-market sale unless the court finds that a sale by sealed bids or at auction would be more economically advantageous and in the best interests of the parties as a group.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":220736,"text":"If the court orders an open-market sale and the parties, not later than 10 days after the entry of the order, agree on a real estate broker licensed in the Commonwealth to offer the property for sale, the court shall appoint the broker and establish a reasonable commission. If the parties do not agree on a broker, the court shall appoint a disinterested real estate broker licensed in the Commonwealth to offer the property for sale and shall establish a reasonable commission. The broker shall offer the property for sale in a commercially reasonable manner at a price no lower than the determination of value and on the terms and conditions established by the court, including setting a reasonable time for marketing the property at its court-determined value pursuant to § 8.01-81.1.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":220737,"text":"If the broker appointed under subsection B obtains within a reasonable time an offer to purchase the property for at least the determination of value:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":220738,"text":"The broker shall promptly file a report containing (i) a description of the property to be sold to each buyer; (ii) the name of each buyer; (iii) the proposed purchase price; (iv) the terms and conditions of the proposed sale, including the terms of any owner financing; (v) the amounts to be paid to lienholders; (vi) a statement of contractual or other arrangements or conditions of the broker’s commission; and (vii) other material facts relevant to the sale; and","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":220739,"text":"The court shall hold a hearing to approve the same and shall appoint a special commissioner to make the sale and execute the deed pursuant to Article 11 (§ 8.01-96 et seq.).","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"D"},"5":{"id":220740,"text":"If the broker appointed under subsection B does not obtain within a reasonable time an offer to purchase the property for at least the determination of value, the court, after a hearing, may:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C2","next_prefix":"D1"},"6":{"id":220741,"text":"Approve the highest outstanding offer, if any;","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"7":{"id":220742,"text":"Redetermine the value of the property and order that the property continue to be offered for an additional period of time; or","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"D3"},"8":{"id":220743,"text":"Order that the property be sold by sealed bids or at auction.","type":"section","prefixes":["D","3"],"prefix":"3","entire_prefix":"D3","prefix_anchor":"D3","level":2,"prior_prefix":"D2","next_prefix":"E"},"9":{"id":220744,"text":"If the court orders a sale by sealed bids or at auction, the court shall set terms and conditions of such sale by sealed bids or an auction.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D3","next_prefix":"F"},"10":{"id":220745,"text":"If a purchaser is entitled to a share of the proceeds of the sale, the purchaser is entitled to a credit against the price in an amount equal to the purchaser’s share of the proceeds.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":13817,"edition_id":1,"name":"Partition","identifier":"9","label":"article","depth":3,"order_by":1,"parent_id":12886,"metadata":{},"date_created":"2026-06-26 03:45:58","date_modified":"2026-06-26 03:45:58","permalink":{"id":281057,"object_type":"structure","relational_id":13817,"identifier":"9","token":"8.01\/3\/9","url":"\/8.01\/3\/9\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12886,"edition_id":1,"name":"Actions","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":279635,"object_type":"structure","relational_id":12886,"identifier":"3","token":"8.01\/3","url":"\/8.01\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12747,"edition_id":1,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":277029,"object_type":"structure","relational_id":12747,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":57523,"structure_id":13817,"section_number":"8.01-81","catch_line":"Who may compel partition of land; jurisdiction; validation of certain partitions of mineral rights; when shares of two or more laid off together","url":"\/8.01-81\/","token":"8.01\/3\/9\/8.01-81","metadata":false},{"id":54890,"structure_id":13817,"section_number":"8.01-81.1","catch_line":"Determination of value","url":"\/8.01-81.1\/","token":"8.01\/3\/9\/8.01-81.1","metadata":false},{"id":78896,"structure_id":13817,"section_number":"8.01-82","catch_line":"Repealed","url":"\/8.01-82\/","token":"8.01\/3\/9\/8.01-82","metadata":false},{"id":85486,"structure_id":13817,"section_number":"8.01-83","catch_line":"Allotment to one or more parties, or sale, in lieu of partition","url":"\/8.01-83\/","token":"8.01\/3\/9\/8.01-83","metadata":false},{"id":60357,"structure_id":13817,"section_number":"8.01-83.1","catch_line":"Open-market sale, sealed bids, or auction","url":"\/8.01-83.1\/","token":"8.01\/3\/9\/8.01-83.1","metadata":false},{"id":78172,"structure_id":13817,"section_number":"8.01-83.2","catch_line":"Notice by posting","url":"\/8.01-83.2\/","token":"8.01\/3\/9\/8.01-83.2","metadata":false},{"id":76705,"structure_id":13817,"section_number":"8.01-83.3","catch_line":"Commissioners","url":"\/8.01-83.3\/","token":"8.01\/3\/9\/8.01-83.3","metadata":false},{"id":77947,"structure_id":13817,"section_number":"8.01-84","catch_line":"Application of proceeds of sale to payment of lien","url":"\/8.01-84\/","token":"8.01\/3\/9\/8.01-84","metadata":false},{"id":55727,"structure_id":13817,"section_number":"8.01-85","catch_line":"Disposition of share in proceeds of person under disability","url":"\/8.01-85\/","token":"8.01\/3\/9\/8.01-85","metadata":false},{"id":55815,"structure_id":13817,"section_number":"8.01-86","catch_line":"Repealed","url":"\/8.01-86\/","token":"8.01\/3\/9\/8.01-86","metadata":false},{"id":54823,"structure_id":13817,"section_number":"8.01-87","catch_line":"Validation of certain partitions prior to act of 1922","url":"\/8.01-87\/","token":"8.01\/3\/9\/8.01-87","metadata":false},{"id":66223,"structure_id":13817,"section_number":"8.01-88","catch_line":"Decree of partition to vest legal title","url":"\/8.01-88\/","token":"8.01\/3\/9\/8.01-88","metadata":false},{"id":72110,"structure_id":13817,"section_number":"8.01-89","catch_line":"When proceeds of sale deemed personal estate","url":"\/8.01-89\/","token":"8.01\/3\/9\/8.01-89","metadata":false},{"id":73016,"structure_id":13817,"section_number":"8.01-90","catch_line":"When name or share of parties unknown","url":"\/8.01-90\/","token":"8.01\/3\/9\/8.01-90","metadata":false},{"id":78724,"structure_id":13817,"section_number":"8.01-91","catch_line":"Effect of partition or sale on lessee's rights","url":"\/8.01-91\/","token":"8.01\/3\/9\/8.01-91","metadata":false},{"id":61817,"structure_id":13817,"section_number":"8.01-92","catch_line":"Allowance of attorney fees out of unrepresented shares","url":"\/8.01-92\/","token":"8.01\/3\/9\/8.01-92","metadata":false},{"id":65032,"structure_id":13817,"section_number":"8.01-93","catch_line":"Partition of goods, etc., by sale, if necessary","url":"\/8.01-93\/","token":"8.01\/3\/9\/8.01-93","metadata":false}],"previous_section":{"id":85486,"structure_id":13817,"section_number":"8.01-83","catch_line":"Allotment to one or more parties, or sale, in lieu of partition","url":"\/8.01-83\/","token":"8.01\/3\/9\/8.01-83","metadata":false},"next_section":{"id":78172,"structure_id":13817,"section_number":"8.01-83.2","catch_line":"Notice by posting","url":"\/8.01-83.2\/","token":"8.01\/3\/9\/8.01-83.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-83.1\/","history_text":"

This law was first created in 2020. The record of its establishment is cataloged in chapters 115<\/a> and 193<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":[{"id":85486,"section_number":"8.01-83","catch_line":"Allotment to one or more parties, or sale, in lieu of partition","order_by":null,"url":"\/8.01-83\/"}],"refers_to":[{"id":85486,"section_number":"8.01-83","catch_line":"Allotment to one or more parties, or sale, in lieu of partition","order_by":null,"url":"\/8.01-83\/"},{"id":62204,"section_number":"8.01-96","catch_line":"Decree for sale; how made; bond of commissioner","order_by":null,"url":"\/8.01-96\/"}],"permalink":{"id":281075,"object_type":"law","relational_id":60357,"identifier":"8.01-83.1","token":"8.01\/3\/9\/8.01-83.1","url":"\/8.01-83.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-83.1\/","token":"8.01\/3\/9\/8.01-83.1","dublin_core":{"Title":"Open-market sale, sealed bids, or auction","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-83.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> If the court orders<\/span> a sale of property in a partition<\/span> action<\/span> under the provisions of § 8.01-83<\/a>, the sale shall be an open-market sale unless the court finds that a sale by sealed<\/span> bids or at auction would be more economically advantageous and in the best interests of the parties as a group. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If the court orders<\/span> an open-market sale and the parties, not later than 10 days after the entry of the order<\/span>, agree on a real estate broker licensed in the Commonwealth to offer the property for sale, the court shall appoint the broker and establish a reasonable commission. If the parties do not agree on a broker, the court shall appoint a disinterested real estate broker licensed in the Commonwealth to offer the property for sale and shall establish a reasonable commission. The broker shall offer the property for sale in a commercially reasonable manner at a price no lower than the determination of value and on the terms and conditions established by the court, including setting a reasonable time for marketing the property at its court-determined value pursuant to § 8.01-81.1<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If the broker appointed under subsection B obtains within a reasonable time an offer to purchase the property for at least the determination of value: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The broker shall promptly file a report containing (i) a description of the property to be sold to each buyer; (ii) the name of each buyer; (iii) the proposed purchase price; (iv) the terms and conditions of the proposed sale, including the terms of any owner financing; (v) the amounts to be paid to lienholders; (vi) a statement of contractual or other arrangements or conditions of the broker’s commission; and (vii) other material<\/span> facts<\/span> relevant to the sale; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The court shall hold a hearing<\/span> to approve the same and shall appoint a special commissioner to make the sale and execute the deed pursuant to Article 11 (§ 8.01-96<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If the broker appointed under subsection B does not obtain within a reasonable time an offer to purchase the property for at least the determination of value, the court, after a hearing<\/span>, may: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Approve the highest outstanding offer, if any; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Redetermine the value of the property and order<\/span> that the property continue to be offered for an additional period of time; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Order<\/span> that the property be sold by sealed<\/span> bids or at auction. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> If the court orders<\/span> a sale by sealed<\/span> bids or at auction, the court shall set terms and conditions of such sale by sealed<\/span> bids or an auction. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> If a purchaser is entitled to a share of the proceeds of the sale, the purchaser is entitled to a credit against the price in an amount equal to the purchaser’s share of the proceeds. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nOPEN-MARKET SALE, SEALED BIDS, OR AUCTION (\u00a7 8.01-83.1)\n\nA. If the court orders a sale of property in a partition action under the\nprovisions of § 8.01-83, the sale shall be an open-market sale unless the\ncourt finds that a sale by sealed bids or at auction would be more economically\nadvantageous and in the best interests of the parties as a group.\n\nB. If the court orders an open-market sale and the parties, not later than 10\ndays after the entry of the order, agree on a real estate broker licensed in the\nCommonwealth to offer the property for sale, the court shall appoint the broker\nand establish a reasonable commission. If the parties do not agree on a broker,\nthe court shall appoint a disinterested real estate broker licensed in the\nCommonwealth to offer the property for sale and shall establish a reasonable\ncommission. The broker shall offer the property for sale in a commercially\nreasonable manner at a price no lower than the determination of value and on the\nterms and conditions established by the court, including setting a reasonable\ntime for marketing the property at its court-determined value pursuant to §\n8.01-81.1.\n\nC. If the broker appointed under subsection B obtains within a reasonable time\nan offer to purchase the property for at least the determination of value:\n\n 1. The broker shall promptly file a report containing (i) a description of the\n property to be sold to each buyer; (ii) the name of each buyer; (iii) the\n proposed purchase price; (iv) the terms and conditions of the proposed sale,\n including the terms of any owner financing; (v) the amounts to be paid to\n lienholders; (vi) a statement of contractual or other arrangements or\n conditions of the broker’s commission; and (vii) other material facts\n relevant to the sale; and\n\n 2. The court shall hold a hearing to approve the same and shall appoint a\n special commissioner to make the sale and execute the deed pursuant to Article\n 11 (§ 8.01-96 et seq.).\n\nD. If the broker appointed under subsection B does not obtain within a\nreasonable time an offer to purchase the property for at least the determination\nof value, the court, after a hearing, may:\n\n 1. Approve the highest outstanding offer, if any;\n\n 2. Redetermine the value of the property and order that the property continue\n to be offered for an additional period of time; or\n\n 3. Order that the property be sold by sealed bids or at auction.\n\nE. If the court orders a sale by sealed bids or at auction, the court shall set\nterms and conditions of such sale by sealed bids or an auction.\n\nF. If a purchaser is entitled to a share of the proceeds of the sale, the\npurchaser is entitled to a credit against the price in an amount equal to the\npurchaser’s share of the proceeds.\n\nHISTORY: 2020, cc. 115, 193.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}