{"data":{"id":"us-ok/okla.-stat.-tit.-12-12-1513","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 12, § 12-1513","heading":"Order directing sale of property by sheriff or public","body":"auction.\n\nA. If none of the parties elect to take the property at the\n\nvaluation or if two or more of the parties elect to take the\n\nproperty at the valuation in opposition to each other, the court\n\nshall make an order directing the sale of the property. Upon\n\nagreement of all parties, the court may partition a portion of the\n\nproperty in kind and order the balance of the property to be\n\npartitioned by sale. If the court order directs the sale due to two\n\nor more opposing parties electing to take the property at the same\n\nvaluation, the court shall hold a sealed bid auction between or\n\namong the opposing parties. The court shall set a date, not less\n\nthan ten (10) days after the closing of the election to take the\n\nproperty at valuation, by which the parties shall submit a sealed\n\nbid to the court of their best and final offer for the property,\n\nwhich shall be at least the appraised value set by the\n\ncommissioners. The court shall set a hearing to open all sealed\n\nbids, the property shall be sold to the party submitting the highest\n\nbid and, upon the court’s final approval and confirmation of the\n\nsale, the sheriff shall execute and deliver one or more sheriff’s\n\ndeed or deeds in accordance with the order of the court. Unless the\n\ncourt orders a sale by public auction conducted by an auctioneer\n\npursuant to subsection B of this section, the court shall direct the\n\nsheriff of the county to sell the property in the same manner as in\n\nsales of real estate on execution; but no sale, whether by sheriff\n\nor auctioneer, shall be made at less than two-thirds (2/3) of the\n\nvaluation placed upon the property by the commissioners.\n\nB. Any property to be partitioned by sale may be sold at a\n\npublic auction conducted by an auctioneer in lieu of a sale by\n\nsheriff. Upon the request of a party, the court may order a sale of\n\nthe property at a public auction conducted by an auctioneer if the\n\ncourt finds that such sale is likely to result in a higher aggregate\n\nnet price than a sale by sheriff using the procedures for sales of\n\nreal estate on execution. Any sale by an auctioneer pursuant to\n\nthis subsection shall be conducted in a manner consistent with the\n\nauction procedures and sale terms approved by the court, which may\n\ninclude provisions for:\n\n1. Offering noncontiguous land as separate tracts;\n\n2. Dividing any contiguous land into multiple tracts for\n\npurposes of the auction; or\n\n3. Selling multiple tracts separately or in one or more\n\ncombinations in a manner resulting in the highest total price.\n\nAfter the auction, any party may report the auction results to\n\nthe court and, upon the court’s final approval and confirmation of\n\nthe sale, the sheriff shall execute and deliver one or more\n\nsheriff’s deed or deeds in accordance with the order of the court.\n\nC. For purposes of this section, “auctioneer” means an\n\nindividual or company that is licensed to sell real estate in this\n\nstate and engaged in the business of selling real estate by public\n\nauction.\n\nR.L. 1910, § 4952. Amended by Laws 2024, c. 307, § 1, eff. Nov. 1,\n\n2024.","path":["OK Code","Title 12"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os12.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"ee85a6542fc4ddaed56b22ed4d2c658e006ae2704a50fe2fe6fd6facf75df6aa","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-12-12-1512","next":"us-ok/okla.-stat.-tit.-12-12-1514"},"notice":"GroundRules: Original legal text. Not legal advice."}