reglab/housing_qa huggingface dataset:
NC Gen Stat § 1-339.23 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 29A - Judicial Sales.|§ 1-339.23 - Public sale; when confirmation of sale of personal property necessary; delivery of property; bill of sale.

 1-339.23. Public sale; when confirmation of sale of personal property necessary; delivery of property; bill of sale.(a) When any person interested as a creditor, devisee, distributee, or otherwise, in the proceeds of a public sale of personal property, objects at the sale to the completion of the sale of any article of property on account of the insufficiency of the amount bid, title to such property shall not pass and possession of the property shall not be delivered until the sale of such property is reported and is confirmed by the judge or clerk of court having jurisdiction; but such objection to the completion of the sale of any article of property shall not prevent the completion of the sales of articles of property to which no objection is made where the same have been separately sold. When a judge or clerk having jurisdiction fails or refuses to confirm a sale of property which has thus been objected to, the procedure for a new sale of such property, including a new order of sale, shall be the same as if no such attempted sale has been held. This subsection shall not apply to perishable property sold pursuant to G.S. 1-339.19.(b) Except as provided in subsection (a), the person holding a public sale of personal property shall deliver the property to the purchaser immediately upon compliance by the purchaser with the terms of the sale.(c) The person holding a public sale may execute and deliver a bill of sale or other muniment of title for any personal property sold, and, upon application of the purchaser, shall do so when required by the judge or clerk of court having jurisdiction.  (1949, c. 719, s. 1; 1971, c. 268, s. 18; 2011-284, s. 4.)
NC Gen Stat § 1-339.24 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 29A - Judicial Sales.|§ 1-339.24 - Public sale; report of sale; when final as to personal property.

 1-339.24. Public sale; report of sale; when final as to personal property.(a) The person holding a public sale shall, within five days after the date of the sale if the sale was by auction, or within five days after the date on which bids were opened if the sale was a sale of timber by sealed bid, file a report thereof with the clerk of the superior court of the county where the proceeding for the sale is pending.(b) The report shall be signed by the person authorized to hold the sale, or by his agent or attorney and shall show(1) The title of the action or proceeding;(2) The authority under which the person making the sale acted;(3) If the sale was by public auction, the date, hour and place of the sale;(3a) If the sale was a sale of timber by sealed bid, the date, time, and place at which the sealed bids were opened, the number of bids received, and the amount of each bid;(4) A description of real property sold, by reference or otherwise, sufficient to identify it, and, if sold in parts, a description of each part so sold; and(5) A description of personal property sold, sufficient to indicate the nature and quantity of the property sold to each purchaser;(6) The names of the purchasers;(7) The price at which the property, or each part thereof, was sold and that this price was the highest bid therefor; and(8) The date of the report.(c) The report of sale of personal property, when confirmation of the sale is not required, may include such additional information as is required by G.S. 1-339.31 or G.S. 1-339.32, whichever is applicable, and when such additional information is included, the report shall constitute the final report of sale of personal property. If the report does not include the additional information required by G.S. 1-339.31 or G.S. 1-339.32, the final report required by those sections shall be subsequently filed.(d) The report of a sale of timber by sealed bid shall include the information required by G.S. 1-339.13A(b) and G.S. 1-339.17(c1). (1949, c. 719, s. 1; 1997-83, ss. 15-17.)
NC Gen Stat § 1-339.26 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 29A - Judicial Sales.|§ 1-339.26 - Public sale by auction; separate upset bids when real property sold in parts; subsequent procedure.

 1-339.26. Public sale by auction; separate upset bids when real property sold in parts; subsequent procedure.When real property is sold at public sale by auction in parts, as provided by G.S. 1-339.9, the sale of any part shall be subject to a separate upset bid; and, to the extent the judge or clerk of court having jurisdiction deems advisable, the sale of each part shall thereafter be treated as a separate sale for the purpose of determining the applicable procedure. (1949, c. 719, s. 1; 1971, c. 268, s. 18; 1997-83, s. 20; 2001-271, s. 5.)
NC Gen Stat § 1-339.27A (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 29A - Judicial Sales.|§ 1-339.27A - Ordering resale of real property after sale or upset bid.

 1-339.27A. Ordering resale of real property after sale or upset bid.Upon motion of an interested person filed within 10 days after a sale or upset bid and for good cause, the judge or clerk having jurisdiction may order a resale of real property. If the motion is granted based on the inadequacy of the last bid, the procedure for the resale is the same in every respect as is provided by this Article in the case of an original public sale, and the last bidder is released from the bidder's obligations under the bid. If the motion is granted for any other reason, the last bid becomes the opening bid at resale, and if there is no bid at resale other than the last bid, the person who made the last bid is the highest bidder at resale. If the motion is denied, the 10-day period for subsequent upset bids begins upon the entry of the order. (2001-271, s. 7.)
NC Gen Stat § 1-339.28 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 29A - Judicial Sales.|§ 1-339.28 - Public sale; confirmation of sale.

 1-339.28. Public sale; confirmation of sale.(a) No public sale of real property may be consummated until confirmed as follows:(1) If a public sale is ordered by a judge of the Superior Court Division, it may thereafter be confirmed by a resident superior court judge of the district or a superior court judge regularly holding the courts of the district.(2) If a public sale is ordered by a judge of the District Court Division, it may thereafter be confirmed by the judge so ordering, the chief district judge, or any district judge authorized by the chief judge to hear motions and enter interlocutory orders.(3) If a public sale is ordered by a clerk of court, it may thereafter be confirmed by the clerk of court so ordering.(b) No public sale of real property of a minor or incompetent originally ordered by a clerk may be consummated until confirmed both by the clerk and by a resident superior court judge of, or a judge regularly holding the courts of, the district or set of districts as defined in G.S. 7A-41.1(a).(c) No public sale of real property sold at public auction may be confirmed until the time for submitting an upset bid, pursuant to G.S. 1-339.25, has expired.(d) Confirmation of the public sale of personal property is necessary only in the case set out in G.S. 1-339.23(a), or when the order of sale provides for such confirmation.(e) No public sale of timber sold by sealed bid shall be confirmed until the court determines that the highest bid is an adequate price for the timber sold and that sale to the highest bidder is in the best interest of the person or estate for whom the timber is being sold. In so doing, the court may consider any of the following factors:(1) The appraisals obtained by the person who conducted the sale;(2) The number and amounts of the other bids received;(3) Comparable sales of similar timber within the relevant time period;(4) Short-term market factors that depressed the price at the time of the sale;(5) The likelihood of significantly increasing the price through another sale;(6) The additional cost of conducting another sale;(7) The effect on the person or estate for whom the timber is being sold of the delay that would result from conducting another sale; and(8) Any other factors in evidence that the court considers relevant. (1949, c. 719, s. 1; 1971, c. 268, s. 20; 1997-83, ss. 26-28.)
NC Gen Stat § 1-339.29 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 29A - Judicial Sales.|§ 1-339.29 - Public sale; real property; deed; order for possession.

 1-339.29. Public sale; real property; deed; order for possession.(a) Upon confirmation of a public sale of real property, the person authorized to hold the sale, or such other person as may be designated by the judge or clerk of court having jurisdiction, shall prepare and tender to the purchaser a duly executed deed for the property sold and, upon compliance by the purchaser with the terms of sale, shall deliver the deed to the purchaser.(b) A person executing a deed to real property being conveyed pursuant to a public sale may recite in the deed, in addition to the usual provisions, substantially as follows(1) The authority for making the sale,(2) The title of the action or proceeding in which the sale was had,(3) The name of the person authorized to make the sale,(4) The fact that the sale was duly advertised,(5) The date of the sale,(6) The name of the highest bidder and the price bid,(7) That the sale has been confirmed,(8) That the terms of the sale have been complied with, and(9) That the person executing the deed has been authorized to execute it.(c) The judge or clerk of court having jurisdiction of the proceeding in which the property is sold may grant an order for possession of real property so sold and conveyed, as against all persons in possession who are parties to the proceeding.(d) An order for possession granted pursuant to the preceding subsection shall be directed to the sheriff, shall authorize him to remove the party or parties in possession, and their personal property, from the premises and to put the purchaser in possession, and shall be executed in accordance with the procedure for executing a writ or order for possession in a summary ejectment proceeding under G.S. 42-36.2. (1949, c. 719, s. 1; 1971, c. 268, s. 18; 1987, c. 627, s. 1.)
NC Gen Stat § 1-339.31 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 29A - Judicial Sales.|§ 1-339.31 - Public sale; report of commissioner or trustee in deed of trust.

 1-339.31. Public sale; report of commissioner or trustee in deed of trust.(a) A commissioner or a trustee in a deed of trust, authorized pursuant to G.S. 1-339.4 to hold a public sale of property, shall, in addition to all other reports required by this Article, file with the clerk of the superior court an account of his receipts and disbursements as follows:(1) When the sale is for cash, a final report shall be filed within thirty days after receipt of the proceeds of the sale;(2) When the sale is wholly or partly on time and the commissioner or trustee is not required to collect deferred payments, a final report shall be filed within thirty days after receipt of the cash payment, if any is required, and the receipt of all securities for the purchase price;(3) When the commissioner or trustee is required to collect deferred payments,a. He shall file a preliminary report within thirty days after receipt of the cash payment, if any is required, and the receipt of all securities for the purchase price, andb. If the period of time during which he is required to collect deferred payments extends over more than one year, he shall file an annual report of his receipts and disbursements, andc. After collecting all deferred payments, he shall file a final report.(b) The clerk shall audit and record the reports and accounts required to be filed pursuant to this section. (1949, c. 719, s. 1.)
NC Gen Stat § 1-339.32 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 29A - Judicial Sales.|§ 1-339.32 - Public sale; final report of person, other than commissioner or trustee in deed of trust.

 1-339.32. Public sale; final report of person, other than commissioner or trustee in deed of trust.An administrator, executor or collector of a decedent's estate, or a receiver, or a guardian or trustee of a minor's or incompetent's estate, or an administrator, collector, conservator or guardian of an absent or missing person's estate, is not required to file a special account of his receipts and disbursements for property sold at public sale pursuant to this Article unless so directed by the judge or clerk of court having jurisdiction of the sale proceeding, but shall include in his next following account or report, either annual or final, an account of such receipts and disbursements. (1949, c. 719, s. 1; 1971, c. 268, s. 18.)
NC Gen Stat § 1-339.33 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 29A - Judicial Sales.|§ 1-339.33 - Private sale; order of sale.

 1-339.33. Private sale; order of sale.Whenever a private sale is ordered, the order of sale shall(1) Designate the person authorized to make the sale;(2) Describe real property to be sold, by reference or otherwise, sufficiently to identify it;(3) Describe personal property to be sold, by reference or otherwise, sufficiently to indicate its nature and quantity; and(4) Prescribe such terms of sale as the judge or clerk of court ordering the sale deems advisable. (1949, c. 719, s. 1; 1971, c. 268, s. 18.)
NC Gen Stat § 1-339.34 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 29A - Judicial Sales.|§ 1-339.34 - Private sale; exception; certain personal property.

 1-339.34. Private sale; exception; certain personal property.(a) Notwithstanding any provisions of this Article, property described below may be sold at private sale at the current market price after first obtaining an order of sale:(1) Property consisting of stocks, bonds or other securities the current market value of which is established by sales on any stock or securities exchange supervised or regulated by the United States government or any other of its agencies or departments, or(2) Property consisting of stocks, bonds or other securities which are not sold on any stock or securities exchange supervised or regulated by the United States government or any other of its agencies or departments, but which are found by the judge or clerk having jurisdiction to have a known or readily ascertainable market value, or(3) Property consisting of cattle, hogs, or other livestock, or cotton, corn, tobacco, peanuts or other farm commodities or produce, found by the judge or clerk having jurisdiction to have a known or readily ascertainable market value.(b) Property determined by the judge or clerk having jurisdiction to be perishable property because subject to rapid deterioration may be sold at private sale after first obtaining an order of sale.(c) Any sale made pursuant to this section is not subject to an upset bid, and is not required to be confirmed, but such sale is final. (1949, c. 719, s. 1.)
NC Gen Stat § 1-339.35 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 29A - Judicial Sales.|§ 1-339.35 - Private sale; report of sale.

 1-339.35. Private sale; report of sale.(a) The person holding a private sale shall, within five days after the date of the sale, file a report with the clerk of the superior court of the county where the proceeding for the sale is pending.(b) The report shall be signed and shall show(1) The title of the action or proceeding;(2) The authority under which the person making the sale acted;(3) A description of real property sold, by reference or otherwise, sufficient to identify it, and, if sold in parts, a description of each part so sold;(4) A description of personal property sold, sufficient to indicate the nature and quantity of the property sold to each purchaser;(5) The name or names of the person or persons to whom the property was sold;(6) The price at which the property, or each part thereof, was sold, and the terms of the sale; and(7) The date of the report. (1947, c. 719, s. 1.)
NC Gen Stat § 1-339.36 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 29A - Judicial Sales.|§ 1-339.36 - Private sale; upset bid; subsequent procedure; defaulting bidder.

 1-339.36. Private sale; upset bid; subsequent procedure; defaulting bidder.(a) Every private sale of real or personal property, except a sale of personal property as provided by G.S. 1-339.34, is subject to an upset bid on the same conditions and in the same manner as is provided by G.S. 1-339.25.(b) When an upset bid is made for property sold at private sale, subsequent procedure with respect to the upset bid is the same as for upset bids submitted in connection with real property sold at public sale, except that the notice of any resale of personal property held pursuant to an order granted under G.S. 1-339.27A need not be published in a newspaper but shall be posted as provided by G.S. 1-339.17.(c) Subsections (e) and (f) of G.S. 1-339.30 apply to a defaulting bidder in a private sale.  (1949, c. 719, s. 1; 2001-271, s. 9; 2021-91, s. 2(a).)
NC Gen Stat § 1-339.37 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 29A - Judicial Sales.|§ 1-339.37 - Private sale; confirmation.

 1-339.37. Private sale; confirmation.If no upset bid for property sold at private sale is submitted within 10 days after the report of sale or the last notice of upset bid is filed, the sale may then be confirmed, and the provisions of G.S. 1-339.28(a) and (b) are applicable to such confirmation whether the property sold is real or personal. Unless otherwise provided in the order of sale, no confirmation is required of any sale held as provided by G.S. 1-339.34. (1949, c. 719, s. 1; 2001-271, s. 10.)
NC Gen Stat § 1-339.38 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 29A - Judicial Sales.|§ 1-339.38 - Private sale; real property; deed; order for possession.

 1-339.38. Private sale; real property; deed; order for possession.(a) Upon confirmation of a private sale of real property, the person authorized to hold the sale, or such other person as may be designated by the judge or clerk of court having jurisdiction, shall prepare and tender to the purchaser a duly executed deed for the property sold and, upon compliance by the purchaser with the terms of the sale, shall deliver the deed to the purchaser.(b) The judge or clerk of court having jurisdiction of the proceeding in which the property is sold may grant an order for possession of real property so sold and conveyed, as against all persons in possession who are parties to the proceeding. (1949, c. 719, s. 1; 1971, c. 268, s. 18.)
NC Gen Stat § 1-339.39 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 29A - Judicial Sales.|§ 1-339.39 - Private sale; personal property; delivery; bill of sale.

 1-339.39. Private sale; personal property; delivery; bill of sale.Upon compliance by the purchaser with the terms of a private sale of personal property, and upon confirmation of the sale when confirmation is required by G.S. 1-339.37, the person authorized to hold the sale, or such other person as may be designated by the judge or clerk of court having jurisdiction, shall deliver the property to the purchaser, and may execute and deliver a bill of sale or other muniment of title, and, upon application of the purchaser, shall do so when required by the judge or clerk having jurisdiction. (1949, c. 719, s. 1; 1971, c. 268, s. 18.)
NC Gen Stat § 1-339.40 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 29A - Judicial Sales.|§ 1-339.40 - Private sale; final report.

 1-339.40. Private sale; final report.(a) A commissioner or a trustee in a deed of trust authorized pursuant to G.S. 1-339.4 to hold a private sale of property shall make such a final report as is specified in G.S. 1-339.31.(b) Any other person authorized pursuant to G.S. 1-339.4 to hold a private sale of property shall make such a final report as is specified in G.S. 1-339.32. (1949, c. 719, s. 1.)
NC Gen Stat § 1-339.41 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 29B - Execution Sales.|§ 1-339.41 - Definitions.

 1-339.41. Definitions.(a) An execution sale is a sale of property by a sheriff or other officer made pursuant to an execution.(b) As used in this article,(1) "Sale" means an execution sale;(2) "Sheriff" means a sheriff or any officer authorized to hold an execution sale. (1949, c. 719, s. 1.)
NC Gen Stat § 1-339.42 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 29B - Execution Sales.|§ 1-339.42 - Clerk's authority to fix procedural details.

 1-339.42. Clerk's authority to fix procedural details.The clerk of the superior court who issues an execution has authority to fix and determine all necessary procedural details with respect to sales in all instances in which this Article fails to make definite provisions as to such procedure. (1949, c. 719, s. 1.)
NC Gen Stat § 1-339.43 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 29B - Execution Sales.|§ 1-339.43 - Days on which sale may be held.

 1-339.43. Days on which sale may be held.A sale may be held on any day except Sunday. (1949, c. 719, s. 1.)
NC Gen Stat § 1-339.44 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 29B - Execution Sales.|§ 1-339.44 - Place of sale.

 1-339.44. Place of sale.(a) Every sale of real property shall be held at the courthouse door in the county where the property is situated unless the property consists of a single tract situated in two or more counties.(b) A sale of a single tract of real property situated in two or more counties may be held at the courthouse door in any one of the counties in which any part of the tract is situated, but no sheriff shall hold any sale outside his own county. As used in this section, a "single tract" means any tract which has a continuous boundary, regardless of whether parts thereof may have been acquired at different times or from different persons or whether it may have been subdivided into other units or lots, or whether it is sold as a whole or in parts.(c) A sale of personal property may be held at any place in his county designated by the sheriff in the notice of sale. (1949, c. 719, s. 1.)
NC Gen Stat § 1-339.45 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 29B - Execution Sales.|§ 1-339.45 - Presence of personal property at sale required.

 1-339.45. Presence of personal property at sale required.A sheriff holding a sale of personal property shall have the property present at the place of sale. (1949, c. 719, s. 1.)
NC Gen Stat § 1-339.46 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 29B - Execution Sales.|§ 1-339.46 - Sale as a whole or in parts.

 1-339.46. Sale as a whole or in parts.When real property to be sold consists of separate lots or other units or when personal property consists of more than one article, the sheriff may sell such real or personal property as a whole or in designated parts, or may offer the property for sale by each method, and then sell the property by the method which produces the highest price; but regardless of which method is followed, the sheriff shall not sell more property than is reasonably necessary to satisfy the judgment together with the costs of the execution and the sale. (1949, c. 719, s. 1.)
NC Gen Stat § 1-339.47 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 29B - Execution Sales.|§ 1-339.47 - Sale to be made for cash.

 1-339.47. Sale to be made for cash.Every sale shall be made for cash. (1949, c. 719, s. 1.)