reglab/housing_qa huggingface dataset:
NC Gen Stat § 1-339.4 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 29A - Judicial Sales.|§ 1-339.4 - Who may hold sale.

 1-339.4. Who may hold sale.An order of sale may authorize the persons designated below to hold the sale:(1) In any proceeding, a commissioner specially appointed therefor;(2) In a proceeding to sell property of a decedent, the administrator, executor or collector of such decedent's estate;(3) In a proceeding to sell property of a minor, the guardian of such minor's estate;(4) In a proceeding to sell property of an incompetent, the guardian or trustee of such incompetent's estate;(5) In a proceeding to sell property of an absent or missing person, the administrator, collector, conservator, or guardian of the estate of such absent or missing person;(6) In a proceeding to foreclose a deed of trust, the trustee named in the deed of trust;(7) In a receivership proceeding, the receiver;(8) In a proceeding to sell property of a trust, the trustee.(9) Repealed by Session Laws 1998-182, s. 13. (1949, c. 719, s. 1; 1993, c. 377, s. 2; 1997-379, s. 1.8; 1998-182, s. 13.)
NC Gen Stat § 1-339.5 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 29A - Judicial Sales.|§ 1-339.5 - Days on which sale may be held.

 1-339.5. 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 § 1-339.6 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 29A - Judicial Sales.|§ 1-339.6 - Place of public sale.

 1-339.6. Place of public sale.(a) Every public sale of real property shall be held in the county where the property is situated unless the property consists of a single tract situated in two or more counties.(b) A public sale of a single tract of real property situated in two or more counties may be held in any one of the counties in which any part of the tract is situated. For the purposes of 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 separate units or lots or whether it is sold as a whole or in parts.(c) A public sale of personal property may be held at any place in the State designated in the order. (1949, c. 719, s. 1.)
NC Gen Stat § 1-339.7 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 29A - Judicial Sales.|§ 1-339.7 - Presence of personal property at public sale required.

 1-339.7. Presence of personal property at public sale required.The person holding a public sale of personal property shall have the property present at the place of sale unless the order of sale provides otherwise as authorized by G.S. 1-339.13(c). (1949, c. 719, s. 1.)
NC Gen Stat § 1-339.8 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 29A - Judicial Sales.|§ 1-339.8 - Public sale of separate tracts in different counties.

 1-339.8. Public sale of separate tracts in different counties.(a) When an order of public sale directs the sales of separate tracts of real property situated in different counties, exclusive jurisdiction over the sale remains in the superior or district court of the county where the proceeding, in which the order of sale was issued, is pending, but there shall be a separate advertisement, sale and report of sale with respect to the property in each county. In any such sale proceeding, the clerk of the superior court of the county where the original order of sale was issued has jurisdiction with respect to upset bids submitted for separate tracts of property situated in other counties as well as in the clerk's own county. When the public sale is by auction an upset bid may be filed only with that clerk.(b) The report of sale with respect to all sales of separate tracts situated in different counties shall be filed with the clerk of the superior court of the county in which the order of sale was issued, and is not required to be filed in any other county.(c) When the public sale is by auction, the sale of each separate tract shall be subject to separate upset bids. To the extent deemed necessary by the judge or clerk of court of the county where the original order of sale was issued, the sale of each tract shall be treated as a separate sale.(d) When real property is sold in a county other than the county where the proceeding, in which the sale was ordered, is pending, the person authorized to hold the sale shall cause a certified copy of the order of confirmation to be recorded in the office of the register of deeds of the county where such property is situated, and it shall not be necessary for the clerk of court to probate said certified copy of the order of confirmation. (1949, c. 719, s. 1; 1965, c. 805; 1971, c. 268, ss. 18, 19; 1997-83, ss. 2, 3; 2001-271, s. 2.)
NC Gen Stat § 1-339.9 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 29A - Judicial Sales.|§ 1-339.9 - Sale as a whole or in parts.

 1-339.9. Sale as a whole or in parts.(a) When real property to be sold consists of separate lots or other units or when personal property consists of more than one article, the judge or clerk of court having jurisdiction may direct specifically(1) That it be sold as a whole, or(2) That it be sold in designated parts, or(3) That it be offered for sale by each method, and then sold by the method which produces the highest price.(b) When real property to be sold has not been subdivided but is of such nature that it may be advantageously subdivided for sale, the judge or clerk having jurisdiction may authorize the subdivision thereof and the dedication to the public of such portions thereof as are necessary or advisable for public highways, streets, alleys, or other public purposes.(c) When an order of sale of such real or personal property as is described in subsection (a) of this section makes no specific provision for the sale of the property as a whole or in parts, the person authorized to make the sale has authority in his discretion to sell the property by whichever method described in subsection (a) of this section he deems most advantageous. (1949, c. 719, s. 1; 1971, c. 268, s. 18.)
NC Gen Stat § 1-339.11 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 29A - Judicial Sales.|§ 1-339.11 - Compensation of person holding sale.

 1-339.11. Compensation of person holding sale.(a) If the person holding a sale is a commissioner specially appointed or a trustee in a deed of trust, the judge or clerk of court having jurisdiction shall fix the amount of his compensation and order the payment thereof out of the proceeds of the sale.(b) If the person holding a sale is any other person, the judge or clerk may, but is not required to, fix his compensation and order the payment thereof out of the proceeds of the sale; when compensation is not fixed in this manner, compensation may be fixed and paid in the usual manner provided with respect to such fiduciary for receiving and disbursing funds. (1949, c. 719, s. 1; 1971, c. 268, s. 18.)
NC Gen Stat § 1-339.12 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 29A - Judicial Sales.|§ 1-339.12 - Clerk's authority to compel report or accounting; contempt proceeding.

 1-339.12. Clerk's authority to compel report or accounting; contempt proceeding.Whenever any person fails to file any report or account, as provided by this Article, or files an incorrect or incomplete report or account, the clerk of the superior court, having jurisdiction, on his own motion or on motion of any interested party, may issue an order directing such person to file a correct and complete report or account within twenty days after service of the order on him. If such person fails to comply with the order, the clerk may issue an attachment against him for contempt, and may commit him to jail until he files such correct and complete report or account. (1949, c. 719, s. 1.)
NC Gen Stat § 1-339.13 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 29A - Judicial Sales.|§ 1-339.13 - Public sale; order of sale.

 1-339.13. Public sale; order of sale.(a) Whenever a public sale is ordered, the order of sale shall(1) Designate the person authorized to hold the sale;(2) Direct that the property be sold at public auction to the highest bidder or, in the case of a sale of timber, direct that the timber be sold to the highest bidder and specify whether the sale is to be by public auction or by sealed bid;(3) Describe real property to be sold, by reference or otherwise, sufficiently to identify it;(4) Describe personal property to be sold, by reference or otherwise, sufficiently to indicate its nature and quantity;(5) Designate, consistently with G.S. 1-339.6, the county and the place therein at which the sale is to be held;(6) Prescribe the terms of sale, specifying the amount of the cash deposit, if any, to be made by the highest bidder at the sale; and(7) If the sale is to be a sale of timber by sealed bid, specify:a. The minimum number of bids that must be submitted, which shall not be less than three, andb. The time at which any cash deposit required of the highest bidder must be made, which shall not be more than three business days after the date on which the sealed bids are opened.(b) The order of public sale may also, but is not required to(1) State the method by which the property shall be sold, pursuant to G.S. 1-339.9;(2) Direct any posting of the notice of sale or any advertisement of the sale, in addition to that required by G.S. 1-339.17 in the case of real property or G.S. 1-339.18 in the case of personal property, which the judge or clerk of the superior court deems advantageous; and(3) Specify the number of appraisals to be obtained pursuant to G.S. 1-339.13A.(c) The order of public sale may provide that personal property need not be present at the place of sale when the nature, condition or use of the property is such that the judge or clerk ordering the sale deems it impractical or inadvisable to require the presence of the property at the sale. In such event, the order shall provide that reasonable opportunity be afforded prospective bidders to inspect the property prior to the sale, and that notice as to the time and place for inspection shall be set out in the notice of sale. (1949, c. 719, s. 1; 1997-83, ss. 4, 5.)
NC Gen Stat § 1-339.13A (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 29A - Judicial Sales.|§ 1-339.13A - Public sale of timber by sealed bid; appraisal; bid procedure.

 1-339.13A. Public sale of timber by sealed bid; appraisal; bid procedure.(a) When a sale of timber by sealed bid is ordered, the person holding the sale, before giving notice of the sale, shall:(1) Obtain one or more appraisals of the timber to be sold;(2) Determine the place at which and the manner and form in which sealed bids should be submitted;(3) Determine the first date on which sealed bids will be accepted, which shall not be less than five days after the date on which the notice of sale is first published pursuant to G.S. 1-339.17; and(4) Determine the date, time, and place at which sealed bids will be opened.(b) Each appraisal obtained pursuant to subsection (a) of this section shall be made by a registered professional forester or other person qualified by training and experience to appraise the timber to be sold. Copies of all appraisals obtained pursuant to this section shall be included in the report required under G.S. 1-339.24. A person conducting an appraisal pursuant to this section, including a partnership, corporation, company, or other business of the appraiser, may not submit a bid on the timber which is the subject of the appraisal. An appraisal conducted pursuant to this section shall remain confidential until the appraisal is filed with the report of sale pursuant to G.S. 1-339.24. The contents of the appraisal shall not be divulged by the appraiser to any person other than the person holding the sale nor may the appraiser conduct an appraisal of the timber for any other person until after the sale is confirmed.(c) All sealed bids received on or after the first date set for submitting bids and, at or before the time set for opening the bids, shall be opened publicly at that time at the place set for doing so. If the minimum number of bids is received and there is only one highest bid, that bid shall be announced at that time; the highest bidder is the purchaser, and all bidders shall immediately be notified of that fact. If the minimum number of bids is not received, or if two or more bids in the same amount are the highest bids, that fact shall be announced at that time, and all bidders shall immediately be notified of that fact; the person holding the sale shall then obtain a new order of sale. (1997-83, s. 6.)
NC Gen Stat § 1-339.14 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 29A - Judicial Sales.|§ 1-339.14 - Public sale; judge's approval of clerk's order of sale.

 1-339.14. Public sale; judge's approval of clerk's order of sale.An order of public sale of personal property in which a minor or incompetent has an interest, which is made by a clerk of the superior court, shall not be effective, except in the case of perishable property as provided by G.S. 1-339.19, unless and until such order is approved by the resident judge or the judge regularly holding the courts of the district. (1949, c. 719, s. 1.)
NC Gen Stat § 1-339.15 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 29A - Judicial Sales.|§ 1-339.15 - Public sale; contents of notice of sale.

 1-339.15. Public sale; contents of notice of sale.The notice of public sale shall:(1) Refer to the order authorizing the sale;(2) If the sale is to be by public auction, designate the date, hour and place of sale;(2a) If the sale is to be a sale of timber by sealed bid, specify:a. The date on which sealed bids will first be accepted;b. The place or address at which sealed bids are to be submitted;c. The manner and form in which sealed bids are to be submitted;d. The time and place at which any sealed bids received will be opened; ande. The minimum number of bids required, as determined pursuant to G.S. 1-339.13(a)(7);(3) Describe real property to be sold, by reference or otherwise, sufficiently to identify it, and may add any further description as will acquaint bidders with the nature and location of the property;(4) Describe personal property to be sold sufficiently to indicate its nature and quantity, and may add any further description as will acquaint bidders with the nature of the property;(5) State the terms of the sale, specifying the amount of the cash deposit, if any, to be made by the highest bidder at the sale and, in the case of a sale by sealed bid, the date by which any deposit shall be made, as determined pursuant to G.S. 1-339.13(a)(7); and(6) Include any other provisions required by the order of sale to be included therein. (1949, c. 719, s. 1; 1997-83, s. 7.)
NC Gen Stat § 1-339.16 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 29A - Judicial Sales.|§ 1-339.16 - Public sale; time for beginning advertisement.

 1-339.16. Public sale; time for beginning advertisement.An order of sale may provide for the beginning of the advertisement of sale at any time after the order is issued. If the order does not specify such time, the advertisement may be begun at any time after the order is issued. (1949, c. 719, s. 1.)
NC Gen Stat § 1-339.17 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 29A - Judicial Sales.|§ 1-339.17 - Public sale; posting and publishing notice of sale of real property.

 1-339.17. Public sale; posting and publishing notice of sale of real property.(a) Subject to subsection (d) of this section, notice of public sale of real property shall:(1) Be posted, in the area designated by the clerk of superior court for the posting of notices in the county in which the property is situated, for at least 20 days immediately preceding the sale; and(2) Be published once a week for at least two successive weeks:a. In a newspaper qualified for legal advertising published in the county; orb. If no newspaper qualified for legal advertising is published in the county, in a newspaper having general circulation in the county.(b) When the notice of public sale is published in a newspaper:(1) The period from the date of the first publication to the date of the last publication, both dates inclusive, shall not be less than seven days, including Sundays; and(2) The date of the last publication shall be not more than 10 days preceding the date of the sale in a sale by auction or the date on which sealed bids are opened in a sale by sealed bid.(c) When the real property to be sold is situated in more than one county, the provisions of subsections (a) and (b) of this section shall be complied with in each county in which any part of the property is situated.(c1) When the public sale is a sale of timber by sealed bid, the notice shall also be given in writing, not less than 21 days before the date on which bids are opened, to a reasonable number of prospective timber buyers, which in all cases shall include the timber buyers listed in the office of the North Carolina Forest Service of the Department of Agriculture and Consumer Services for the county or counties in which the timber to be sold is located.(d) In addition to the other requirements of this section, the notice of public sale shall be posted or the sale shall be advertised as may be required by the judge or clerk pursuant to the provisions of G.S. 1-339.13(b)(2).(e) If the sale is a sale of timber by sealed bid, the person holding the sale shall include in the report required by G.S. 1-339.24 an affidavit showing that the requirements of this section have been complied with and listing all the persons notified pursuant to subsection (c1) of this section.  (1949, c. 719, s. 1; 1965, c. 41; 1967, c. 979, s. 1; 1997-83, s. 8; 2001-271, s. 3; 2011-145, s. 13.25(kk); 2013-155, s. 1.)
NC Gen Stat § 1-339.18 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 29A - Judicial Sales.|§ 1-339.18 - Public sale; posting notice of sale of personal property.

 1-339.18. Public sale; posting notice of sale of personal property.(a) The notice of public sale of personal property, except in the case of perishable property as provided by G.S. 1-339.19, shall be posted, in the area designated by the clerk of superior court for the posting of notices, in the county in which the sale is to be held, for ten days immediately preceding the date of sale.(b) In addition to the foregoing, the notice of public sale shall be otherwise advertised as may be required by the judge or clerk of court pursuant to the provisions of G.S. 1-339.13(b)(2). (1949, c. 719, s. 1; 1971, c. 268, s. 18; 1997-83, s. 9.)
NC Gen Stat § 1-339.19 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 29A - Judicial Sales.|§ 1-339.19 - Public sale; exception; perishable property.

 1-339.19. Public sale; exception; perishable property.If personal property to be sold at public sale is determined by the judge or clerk of court having jurisdiction to be perishable property because subject to rapid deterioration, he may order the sale thereof to be held at such time and place and upon such notice to be given in such manner and for such length of time as he deems advisable. The order of sale of such perishable property of a minor or incompetent when made by the clerk need not be approved by the judge. Confirmation of any sale of such perishable property is not necessary unless required by the order of sale. (1949, c. 719, s. 1; 1971, c. 268, s. 18.)
NC Gen Stat § 1-339.20 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 29A - Judicial Sales.|§ 1-339.20 - Public sale; postponement of sale.

 1-339.20. Public sale; postponement of sale.(a) A person authorized to hold a public sale by auction may postpone the sale to a day certain not later than six days, exclusive of Sunday, after the original date for the sale, and a person authorized to hold a public sale of timber by sealed bid may postpone the time for submitting and opening bids to a date, time, and place certain not later than six days, exclusive of Sunday, after the original date for the opening of bids:(1) When there are no bidders, or(2) When, in his judgment, the number of prospective bidders at the sale is substantially decreased by inclement weather or by any casualty, or(3) When there are so many other sales advertised to be held at the same time and place as to make it inexpedient and impracticable, in his judgment, to hold the sale on that day, or(4) When he is unable to hold the sale because of illness or for other good reason, or(5) When other good cause exists.(b) Upon postponement of public sale the person authorized to hold the sale shall personally, or through his agent or attorney(1) At the time and place advertised for the sale or for the opening of sealed bids, publicly announce the postponement thereof;(2) On the same day, attach to or enter on the original notice of sale or a copy thereof posted, as provided in G.S. 1-339.17 in the case of real property or G.S. 1-339.18 in the case of personal property, a notice of the postponement; and(3) In the case of a public sale of timber by sealed bid, give notice of postponement to each person who submitted a bid.(c) The notice of postponement shall:(1) State that the sale is postponed,(2) In the case of a sale by public auction, state the hour and date to which the sale is postponed,(2a) In the case of a sale of timber by sealed bid, state the date, time, and place to which the opening of bids is postponed,(3) State the reason for the postponement, and(4) Be signed by the person authorized to hold the sale, or by his agent or attorney.(d) If a public sale is not held at the time fixed therefor and is not postponed as provided by this section, or if a postponed sale is not held at the time fixed therefor, the person authorized to make the sale shall report the facts with respect thereto to the judge or clerk of court having jurisdiction, who shall thereupon make an order for the public sale of the property to be held at such time and place and upon such notice to be given in such manner and for such length of time as he deems advisable. (1949, c. 719, s. 1; 1971, c. 268, s. 18; 1997-83, ss. 10-12.)
NC Gen Stat § 1-339.21 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 29A - Judicial Sales.|§ 1-339.21 - Public sale by auction; time of sale.

 1-339.21. Public sale by auction; time of sale.(a) A public sale by auction shall begin at the time designated in the notice of sale or as soon thereafter as practicable, but not later than one hour after the time fixed therefor unless it is delayed by other sales held at the same place.(b) No public sale by auction shall commence before 10:00 o'clock A.M. or after 4:00 o'clock P.M.(c) No public sale by auction shall continue after 4:00 o'clock P.M., except that in cities or towns of more than 5,000 inhabitants, as shown by the most recent federal census, sales of personal property may continue until 10:00 o'clock P.M. (1949, c. 719, s. 1; 1997-83, s. 13.)
NC Gen Stat § 1-339.22 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 29A - Judicial Sales.|§ 1-339.22 - Public sale by auction; continuance of uncompleted sale.

 1-339.22. Public sale by auction; continuance of uncompleted sale.A public sale by auction commenced but not completed within the time allowed by G.S. 1-339.21 shall be continued by the person holding the sale to a designated time between 10:00 o'clock A.M. and 4:00 o'clock P.M. the next following day, other than Sunday. In case a continuance becomes necessary, the person holding the sale shall publicly announce the time to which the sale is continued. (1949, c. 719, s. 1; 1997-83, s. 14.)