Texas § ES.356.405 - FAILURE OF BIDDER TO COMPLY
Full text of Texas The Texas Constitution § ES.356.405 — FAILURE OF BIDDER TO COMPLY, with citation guidance and answers to common questions.
§ ES.356.405. FAILURE OF BIDDER TO COMPLY
FAILURE OF BIDDER TO COMPLY. (a) If a person bids off real estate of the estate offered at public auction and 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 personal representative 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 personal representative may recover the amounts under Subsection (b) by suit in any court in the county in which the auction was made that has jurisdiction of the amount claimed. Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502 ), Sec. 1, eff. January 1, 2014. Amended by: Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782 ), Sec. 30, eff. September 1, 2019. SUBCHAPTER J. SALE OF REAL ESTATE: CONTRACT FOR PRIVATE SALE
Source: official Texas text · Last verified 2026-08-27
Frequently Asked Questions About Texas § ES.356.405
What does The Texas Constitution § ES.356.405 cover?
Section ES.356.405 ("FAILURE OF BIDDER TO COMPLY") is part of the The Texas Constitution, the codified statutory law of Texas. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Texas § ES.356.405?
A common citation format is "The Texas Constitution § ES.356.405" (Texas). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Texas law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Texas official source linked on this page or consult a licensed Texas attorney.
How does Texas § ES.356.405 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Texas can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Texas.