Texas § 1158.405 FAILURE OF BIDDER TO COMPLY.

Texas Statutes

§ 1158.405 — FAILURE OF BIDDER TO COMPLY.

Texas § 1158.405

Code ESEstates Code

This text of Texas § 1158.405 (FAILURE OF BIDDER TO COMPLY.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Estates Code Code Ann. § 1158.405 (2026).

Text

Sec. 1158.405. FAILURE OF BIDDER TO COMPLY.

(a)If a person who successfully bids on real estate of the guardianship estate offered at public auction fails to comply with the terms of the bid, the property shall be readvertised and auctioned without any further order.

(b)The person defaulting on a bid as described by Subsection (a) is liable for payment to the guardian of the estate, for the estate's benefit, of:

(1)10 percent of the amount of the bid; and

(2)the amount of any deficiency in price on the second auction.

(c)The guardian shall recover the amounts under Subsection (b) by suit in any court in the county in which the auction was held that has jurisdiction over the amount claimed. SUBCHAPTER J. SALE OF REAL ESTATE: CONTRACT FOR PRIVATE SALE

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Sec. 1158.405. FAILURE OF BIDDER TO COMPLY. (a) If a person who successfully bids on real estate of the guardianship estate offered at public auction fails to comply with the terms of the bid, the property shall be readvertised and auctioned without any further order.
(b) The person defaulting on a bid as described by Subsection (a) is liable for payment to the guardian of the estate, for the estate's benefit, of:
(1) 10 percent of the amount of the bid; and
(2) the amount of any deficiency in price on the second auction.
(c) The guardian shall recover the amounts under Subsection (b) by suit in any court in the county in which the auction was held that has jurisdiction over the amount claimed.
SUBCHAPTER J. SALE OF REAL ESTATE: CONTRACT FOR PRIVATE SALE

Legislative History

Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759 ), Sec. 1.02, eff. January 1, 2014. Amended by: Acts 2021, 87th Leg., R.S., Ch. 521 (S.B. 626 ), Sec. 41, eff. September 1, 2021.