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. - Virginia Statutes

§ 8.01-103. Special commissioner or other person appointed to do so toreceive purchase money, etc.; liability of clerk for failure to give noticeof appointment.

The special commissioner, who makes the sale or renting, shall receive andcollect all the purchase money or rent, unless some other person be appointedto collect the same and in such case the court shall require of such personbond with surety in such penalty as to it may seem fit. When such appointmentis made, it shall be the duty of the clerk to give notice thereof, inwriting, to the purchaser or lessee, to be served as other notices arerequired by law to be served; but no payment shall be made to the person soappointed, until he shall have given the bond required by the decree ororder; provided, however, that if, before the purchaser or lessee hasreceived notice of such appointment, he shall have made any payment onaccount of the purchase money or rent to the special commissioner, or anyperson appointed for the purpose, who made the sale or renting, such specialcommissioner, or other person, who made the sale or renting, and the suretieson his bond, shall be responsible for the money so paid, and the purchaser orlessee, who made the payment, shall not be responsible therefor.

If any clerk fail to give the notice hereinbefore required to be given byhim, he and the sureties on his official bond shall be liable to any personinjured by such failure.

(Code 1950, § 8-662; 1977, c. 617; 1978, c. 718.)