9-13-172.1. “Eligible sale” defined; recision of sale; damages.

As used in this Code section, “eligible sale” means a judicial or nonjudicial sale that was conducted in the usual manner of a sheriff’s sale and that was rescinded by the seller within 30 days after the sale but before the deed or deed under power has been delivered to the purchaser.#

Upon rescission of an eligible sale, the seller shall return to the purchaser, within five days of the rescission, all bid funds paid by the purchaser.#

Where the eligible sale was rescinded due to an automatic stay pursuant to the filing of bankruptcy by a person with an interest in the property, the damages that may be awarded to the purchaser in any civil action shall be limited to the amount of the bid funds tendered at the sale.#

Where the eligible sale was rescinded due to:#

1. (1)

   The statutory requirements for the sale not being fulfilled;#

2. (2)

   The default leading to the sale being cured prior to the sale; or#

3. (3)

   The plaintiff in execution and the defendant in execution having agreed prior to the sale to cancel the sale based upon an enforceable promise by the defendant to cure the default,#

4. the damages that may be awarded to the purchaser in any civil action shall be limited solely to the amount of the bid funds tendered at the sale plus interest on the funds at the rate of 18 percent annually, calculated daily. Notwithstanding any other provision of law, specific performance shall not be a remedy available under this Code section.