2005 North Carolina Code - General Statutes § 1-339.20. Public sale; postponement of sale.

§ 1‑339.20.  Public sale; postponement of sale.

(a)       A person authorized to hold a public sale by auction may postpone the sale to a day certain not later than six days, exclusive of Sunday, after the original date for the sale, and a person authorized to hold a public sale of timber by sealed bid may postpone the time for submitting and opening bids to a date, time, and place certain not later than six days, exclusive of Sunday, after the original date for the opening of bids:

(1)       When there are no bidders, or

(2)       When, in his judgment, the number of prospective bidders at the sale is substantially decreased by inclement weather or by any casualty, or

(3)       When there are so many other sales advertised to be held at the same time and place as to make it inexpedient and impracticable, in his judgment, to hold the sale on that day, or

(4)       When he is unable to hold the sale because of illness or for other good reason, or

(5)       When other good cause exists.

(b)       Upon postponement of public sale the person authorized to hold the sale shall personally, or through his agent or attorney

(1)       At the time and place advertised for the sale or for the opening of sealed bids, publicly announce the postponement thereof;

(2)       On the same day, attach to or enter on the original notice of sale or a copy thereof posted, as provided in G.S. 1‑339.17 in the case of real property or G.S. 1‑339.18 in the case of personal property, a notice of the postponement; and

(3)       In the case of a public sale of timber by sealed bid, give notice of postponement to each person who submitted a bid.

(c)       The notice of postponement shall:

(1)       State that the sale is postponed,

(2)       In the case of a sale by public auction, state the hour and date to which the sale is postponed,

(2a)     In the case of a sale of timber by sealed bid, state the date, time, and place to which the opening of bids is postponed,

(3)       State the reason for the postponement, and

(4)       Be signed by the person authorized to hold the sale, or by his agent or attorney.

(d)       If a public sale is not held at the time fixed therefor and is not postponed as provided by this section, or if a postponed sale is not held at the time fixed therefor, the person authorized to make the sale shall report the facts with respect thereto to the judge or clerk of court having jurisdiction, who shall thereupon make an order for the public sale of the property to be held at such time and place and upon such notice to be given in such manner and for such length of time as he deems advisable. (1949, c. 719, s. 1; 1971, c. 268, s. 18; 1997‑83, ss. 10‑12.)