reglab/housing_qa huggingface dataset:
VA Code § 8.01-83.1 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 3 - Actions|§ 8.01-83.1. Open-market sale, sealed bids, or auction

A. 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.B. 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.C. 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:1. 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; and2. 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.).D. 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:1. Approve the highest outstanding offer, if any;2. Redetermine the value of the property and order that the property continue to be offered for an additional period of time; or3. Order that the property be sold by sealed bids or at auction.E. 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.F. 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.2020, cc. 115, 193.
VA Code § 8.01-83.2 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 3 - Actions|§ 8.01-83.2. Notice by posting

If the plaintiff in a partition action seeks an order of publication pursuant to § 8.01-316, the plaintiff, not later than 10 days after the court's determination, shall post and maintain while the action is pending a conspicuous sign on the property that is the subject of the action. The sign shall state that the action has commenced and identify the name and address of the court and the common designation by which the property is known. The court may require the plaintiff to publish on the sign the name of the plaintiff and the known defendants.2020, cc. 115, 193.
VA Code § 8.01-83.3 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 3 - Actions|§ 8.01-83.3. Commissioners

If the court appoints commissioners pursuant to Article 11 (§ 8.01-96 et seq.), each commissioner, in addition to the requirements and disqualifications applicable to commissioners in Article 11, shall be disinterested and impartial and not a party to or participant in the action.2020, cc. 115, 193.
VA Code § 8.01-84 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 3 - Actions|§ 8.01-84. Application of proceeds of sale to payment of lien

When there are liens on the interest of any party in the subject so sold, the court may, on the petition of any person holding a lien, ascertain the liens, and apply the dividend of such party in the proceeds of sale to the discharge thereof, so far as the same may be necessary.Code 1950, § 8-693; 1977, c. 617.
VA Code § 8.01-85 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 3 - Actions|§ 8.01-85. Disposition of share in proceeds of person under disability

The court making an order for sale shall, if a party to the sale be a person under a disability, order any dividend of the sale to be disposed as the proceeds of a sale under the provisions of § 8.01-76 are required to be invested.Code 1950, § 8-694; 1952, c. 249; 1968, c. 381; 1977, c. 617; 2018, c. 124.
VA Code § 8.01-87 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 3 - Actions|§ 8.01-87. Validation of certain partitions prior to act of 1922

All partitions heretofore had, when the proceedings conformed to the law as it existed prior to the amendment of § 5281 of the Code of 1919 by an act approved March 27, 1922, although they did not conform to such section as it read under the amendment of 1922, as aforesaid, are hereby validated; but nothing in this validating section shall be construed as intended to affect vested rights.Code 1950, § 8-696; 1977, c. 617.
VA Code § 8.01-88 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 3 - Actions|§ 8.01-88. Decree of partition to vest legal title

A decree heretofore or hereafter made, confirming any partition or allotment in a suit for partition, shall vest in the respective co-owners, between or to whom the partition or allotment is made, the title to their shares under the partition or allotment, in like manner and to the same extent, as if such decree direct such title be conveyed to them and the conveyance was made accordingly.Code 1950, § 8-698; 1977, c. 617.
VA Code § 8.01-89 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 3 - Actions|§ 8.01-89. When proceeds of sale deemed personal estate

The proceeds of any sale made under § 8.01-83 shall, except as provided in § 8.01-77, be deemed personal estate from the time of the confirmation of such sale by the court.Code 1950, § 8-699; 1977, c. 617.
VA Code § 8.01-90 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 3 - Actions|§ 8.01-90. When name or share of parties unknown

If the name or share of any person interested in the subject of the partition be unknown, so much as is known in relation thereto shall be stated in the bill.Code 1950, § 8-700; 1977, c. 617.
VA Code § 8.01-91 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 3 - Actions|§ 8.01-91. Effect of partition or sale on lessee's rights

Any person who, before the partition or sale, was lessee of any of the lands divided or sold, shall hold the same of him to whom such land is allotted or sold on the same term on which by his lease he held it before the partition.Code 1950, § 8-701; 1977, c. 617.
VA Code § 8.01-92 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 3 - Actions|§ 8.01-92. Allowance of attorneys' fees out of unrepresented shares

In any partition suit when there are unrepresented shares, the court shall allow reasonable fees to the attorney or attorneys bringing the action on account of the services rendered to the parceners unrepresented by counsel.Code 1950, § 8-701.1; 1950, p. 96; 1977, c. 617.
VA Code § 8.01-93 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 3 - Actions|§ 8.01-93. Partition of goods, etc., by sale, if necessary

When an equal division of goods or chattels cannot be made in kind among those entitled, a court of equity may direct the sale of the same, and the distribution of the proceeds according to the rights of the parties.Code 1950, § 8-702; 1977, c. 617.
VA Code § 8.01-94 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 3 - Actions|§ 8.01-94. When sold, leased or exchanged

Whenever an interest in property, real or personal, is held by a person, natural or artificial, with remainder or limitation over contingent upon any event, or for his life or for the life of another, and there is limited thereon any other estate, vested or contingent, to any other such person, whether in being or to be thereafter born or created in any manner whatsoever, such person holding an interest in the property so subject to remainder or limitation over or for his own life, or his committee, guardian, if a minor, or conservator, or, if the estate so held be for the life of another, then his heir or personal representative, as the case may be, may for the purpose of obtaining a sale or leasing or exchange of the fee simple interest or absolute estate in such property, if the sale or leasing or exchange thereof is not prohibited by the instrument creating the estate, and the remaindermen, or any of them, whether in being or hereafter to be born or created, are from any cause incapable at the time of filing the bill as herein provided or of giving their assent, or the remainder or limitation over is contingent or defeasible, file a bill in equity in the circuit court stating plainly the property to be sold or leased or exchanged and all facts calculated to show the propriety of such sale or lease or exchange. A like bill may be filed for the sale or leasing or exchange of the remainder in such estate by a remainderman, his guardian, conservator or committee. All persons interested in the property presently or contingently, other than the plaintiff, shall be made defendants, and if such remaindermen be not born or created at such time of filing such bill, such suit shall not for such cause abate, but such unborn person or uncreated artificial person shall be made defendant and subject to the decree of the court by the name of "person unknown or person yet to be born or created," and the court shall upon the filing of such bill appoint a guardian ad litem to defend the interest of such unborn person or uncreated artificial person. If it be clearly shown independently of any admissions in the pleadings that the interest of the plaintiff will be promoted and the rights of no other person will be violated thereby, the court may decree a sale or lease or exchange of the property or any part thereof, or of the remainder therein. In case of a sale on credit, the court shall take ample security. If such sale on credit be of real estate, a lien thereon shall be reserved. The title to any land acquired in any exchange herein provided for shall be held and owned by the same persons in the same way, to the same extent and subject to the same conditions that they owned the land given in such exchange.Code 1950, § 8-703.1; 1958, c. 271; 1977, c. 617; 1997, c. 801.
VA Code § 8.01-95 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 3 - Actions|§ 8.01-95. Procedure in such case

The procedure in such suit and the investment of the proceeds of sale shall be in accordance with §§ 8.01-73, 8.01-75 and 8.01-76, so far as the same can be made applicable, and the court may, in its discretion, commute the life estate according to § 55.1-500. In the case of a lease, however, the rents may be made payable direct to the person or persons entitled thereto, for the time being.Code 1950, § 8-703.2; 1977, c. 617.
VA Code § 8.01-96 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 3 - Actions|§ 8.01-96. Decree for sale; how made; bond of commissioner

In decreeing a sale under any provisions of law, the court may provide for the sale of property in any part of the Commonwealth, and may direct the sale to be for cash, or on such credit and terms as it may deem best, and it may appoint one or more special commissioners to make such sale. No special commissioner, appointed by a court, shall receive money under a decree, until he gives bond, with approved security, before such court or its clerk, in a penalty to be prescribed by the court, conditioned upon the faithful discharge of his duties as such commissioner and to account for and pay over as the court may direct all money that may come into his hands as such commissioner.Code 1950, § 8-655; 1977, c. 617.
VA Code § 8.01-97 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 3 - Actions|§ 8.01-97. Delinquent taxes to be ascertained

In every suit brought in this Commonwealth for the sale of lands for the payment of debts or to subject lands to the payment of liens binding thereon, it shall be the duty of the court, or any commissioner to whom the cause is referred, to ascertain all delinquent taxes on such land together with interest and penalties if any.Code 1950, § 8-656; 1977, c. 617.
VA Code § 8.01-98 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 3 - Actions|§ 8.01-98. Sales of land when purchase price insufficient to pay taxes, etc.

In any proceedings for the sale of real estate or to subject real estate to the payment of debts, it appears to the court that the real estate cannot be sold for enough to pay off the liens of taxes, levies, and assessments returned delinquent against it, and it further appears that the purchase price offered is adequate and reasonable, such sale shall be confirmed, and the court shall decree the payment and distribution of the proceeds of such sale pro rata to the taxes, levies, and assessments due the Commonwealth or any political subdivision thereof, after having first deducted the cost of such proceedings in court. Such decree shall be certified to the treasurer who has charge of the delinquent tax books, and such treasurer shall cause the lien of such taxes, levies, and assessments to be marked satisfied upon the list of delinquent lands regardless of whether the same shall have been paid in full.Code 1950, § 8-657; 1977, c. 617; 2020, c. 644.
VA Code § 8.01-99 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 3 - Actions|§ 8.01-99. Bond required of special commissioner for sale

Except as hereinafter provided, no special commissioner shall advertise the property for sale or renting, or sell or rent the same, until he shall have given bond in a penalty to be prescribed by the court sufficient to cover at least the probable amount of the whole purchase money or such portion of the rent the court deems appropriate, and shall have obtained from such clerk a certificate that such bond has been given. The certificate or a copy thereof shall be appended to the advertisement; provided, however, that in any case of such sale or rental, the court may direct all the cash proceeds thereof to be deposited by the purchaser or lessee to the credit of such court in some bank to be designated by it, and may direct that all evidences of indebtedness arising from such transaction or rent be deposited for safekeeping with such bank or the clerk of such court and the court may in its discretion thereafter dispense with the bond.The clerk shall make the certificate whenever the bond has been given and note the same in the proceedings in the cause. The certificate or a copy thereof shall be returned with the report of the sale or renting.Code 1950, § 8-658; 1977, c. 617.
VA Code § 8.01-100 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 3 - Actions|§ 8.01-100. Liability of clerk for false certificate or failure to give bond

If any clerk make a certificate as to the bond, which is untrue, he and the sureties on his official bond shall be liable to any person injured thereby.Code 1950, § 8-661; 1977, c. 617; 1978, c. 718.
VA Code § 8.01-101 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 3 - Actions|§ 8.01-101. Purchasers relieved of liability for purchase money paid to such commissioner

When the certificate pursuant to the provisions in § 8.01-99 shall have been published with an advertisement of the sale or renting of property, or when such bond shall have been given prior to a sale or renting not publicly advertised, any person purchasing or renting such property in pursuance of such advertisement or in pursuance of the decree or order of sale or renting, shall be relieved of all liability for the purchase money or rent, or any part thereof, which he may pay to any special commissioner, as to whom the proper certificate shall have been appended to such advertisement, or who shall have given the bond aforesaid.Code 1950, § 8-659; 1977, c. 617.
VA Code § 8.01-102 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 3 - Actions|§ 8.01-102. Purchasers not required to see to application of purchase money

No purchaser or renter at a duly authorized sale or renting made by a receiver, personal representative, trustee, or other fiduciary shall be required to see to the application of the purchase money.Code 1950, § 8-660; 1977, c. 617.
VA Code § 8.01-103 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 3 - Actions|§ 8.01-103. Special commissioner or other person appointed to do so to receive purchase money, etc.; liability of clerk for failure to give notice of appointment

The special commissioner, who makes the sale or renting, shall receive and collect all the purchase money or rent, unless some other person be appointed to collect the same and in such case the court shall require of such person bond with surety in such penalty as to it may seem fit. When such appointment is made, it shall be the duty of the clerk to give notice thereof, in writing, to the purchaser or lessee, to be served as other notices are required by law to be served; but no payment shall be made to the person so appointed, until he shall have given the bond required by the decree or order; provided, however, that if, before the purchaser or lessee has received notice of such appointment, he shall have made any payment on account of the purchase money or rent to the special commissioner, or any person appointed for the purpose, who made the sale or renting, such special commissioner, or other person, who made the sale or renting, and the sureties on his bond, shall be responsible for the money so paid, and the purchaser or lessee, who made the payment, shall not be responsible therefor.If any clerk fail to give the notice hereinbefore required to be given by him, he and the sureties on his official bond shall be liable to any person injured by such failure.Code 1950, § 8-662; 1977, c. 617; 1978, c. 718.
VA Code § 8.01-105 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 3 - Actions|§ 8.01-105. Rule against special commissioner, purchaser, etc., for judgment for amounts due

Any court of this Commonwealth, may, at the instance of any party in interest, award a rule against any special commissioner or receiver appointed by or acting under the authority of such court, and against the surety of such commissioner or receiver, or against a purchaser at a judicial sale under a decree of such court, and against the surety or sureties of such purchaser, returnable to such date as the court may fix, to show cause why judgment shall not be entered against them for any amount which the court may ascertain to be due from such commissioner, receiver, or purchaser. A rule issued under this section shall be executed at least fifteen days before the return day thereof.Code 1950, § 8-664; 1977, c. 617.
VA Code § 8.01-106 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 3 - Actions|§ 8.01-106. How cause heard upon rule and judgment rendered

Upon the return of a rule executed under § 8.01-105 upon any of the parties thereto, the court may if neither party demand a jury, proceed to hear and determine all questions raised by such rule, and shall enter a judgment against such special commissioner, receiver, or purchaser, as the case may be, and his surety or sureties, for the amount appearing to be due by such commissioner, receiver or purchaser, or may enter judgment against such of them as have been summoned to answer such rule. If it appears in such proceeding that such commissioner, receiver, purchaser, or any of them, or their sureties is dead, or under a disability, then such rule shall be awarded against the personal representative of those dead, and the fiduciary of those who are under a disability, and judgment may be rendered jointly and severally against such personal representative, fiduciary and those laboring under no disability in the same proceeding.Code 1950, § 8-665; 1977, c. 617.
VA Code § 8.01-107 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 3 - Actions|§ 8.01-107. Trial by jury of issues made upon rule

If, upon the return of such rule, any party thereto demand a trial by jury, the court shall order a trial by jury to ascertain what liability, if any, exists against any such special commissioner, receiver, or purchaser, and their sureties; and the court shall enter judgment on the verdict awarded by the jury. New trials may be granted as in other cases; and notwithstanding such rules be awarded and judgment be rendered against part only of the persons liable thereto, the court may award new rules and proceed to judgment against all the parties who are liable thereto. The provisions of this section, and §§ 8.01-105 and 8.01-106, shall apply to any officers and their sureties, acting under the decree of the court.Code 1950, § 8-666; 1977, c. 617.
VA Code § 8.01-108 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 3 - Actions|§ 8.01-108. When sureties of commissioner, purchaser, etc., proceeded against by rule

Whenever a special commissioner, a receiver, purchaser at a judicial sale, or his personal representative, or any of them, can be proceeded against by rule for the recovery of money under §§ 8.01-105, 8.01-106 and 8.01-107, the surety of such commissioner, receiver, or purchaser, and the personal representatives of such sureties, may also be proceeded against under such sections.Code 1950, § 8-667; 1977, c. 617.
VA Code § 8.01-109 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 3 - Actions|§ 8.01-109. Commission for selling, collecting, etc.; each piece of property to constitute separate sale

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.
VA Code § 8.01-110 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 3 - Actions|§ 8.01-110. Appointment of special commissioner to execute deed, etc.; effect of deed

A court in a suit wherein it is proper to decree the execution of any deed or writing may appoint a special commissioner to execute the same on behalf of any party in interest and such instrument shall be as valid as if executed by the party on whose behalf it is so executed.Code 1950, § 8-670; 1977, c. 617.