2025 Delaware Code
Title 10 - Courts and Judicial Procedure
Chapter 49. EXECUTIONS
Subchapter V. Sale Under Execution
§ 4974. Place for public sale of real estate.
(a) As used in this section, “public building” and “public property” mean a building or property that is open to members of the public who wish to attend a sheriff's sale. “Public building” or “public property” includes a building or property not owned by the government or a governmental entity.
(b) All sales of real estate, made by a sheriff by virtue of execution process, shall be made at any 1 of the following locations:
(1) On the premises to be sold.
(2) At the courthouse for the county in which the premises are situated.
(3) At the Sheriff's Office or the building in which the Sheriff's Office is located.
(4) At any public building or outdoors on any public property located in the county where the premises are situated.
(c) Unless otherwise directed by court order, the sheriff conducting a sale retains exclusive authority to determine the location and means for the sale of real property by virtue of execution as permitted by subsection (b) of this section.
Code 1852, § 2448; 16 Del. Laws, c. 540; 17 Del. Laws, c. 622; Code 1915, § 4362; Code 1935, § 4820; 10 Del. C. 1953, § 4974; 58 Del. Laws, c. 11; 72 Del. Laws, c. 194, § 1; 73 Del. Laws, c. 437, § 1; 78 Del. Laws, c. 71, § 1; 83 Del. Laws, c. 174, § 1;
