Section 9-13-170. Liability for purchase money; officer's collection options

   (a) Any person who becomes the purchaser of any real or personal property at any sale made at public outcry by any executor, administrator, or guardian or by any sheriff or other officer under and by virtue of any execution or other legal process, who fails or refuses to comply with the terms of the sale when requested to do so, shall be liable for the amount of the purchase money. It shall be at the option of the sheriff or other officer either to proceed against the purchaser for the full amount of the purchase money or to resell the real or personal property and then proceed against the first purchaser for any deficiency arising from the sale.

(b) The action provided for in subsection (a) of this Code section may be brought in the name of the sheriff or other officer making the sale for the use of the plaintiff or defendant in execution or any other person in interest, as the case may be.

Laws 1831, Cobb's 1851 Digest, p. 514; Code 1863, §§ 3582, 3583; Code 1868, §§ 3605, 3606; Code 1873, §§ 3655, 3656; Code 1882, §§ 3655, 3656; Civil Code 1895, §§ 5466, 5467; Civil Code 1910, §§ 6071, 6072; Code 1933, §§ 39-1301, 39-1302; Ga. L. 1982, p. 3, § 9.