West Virginia § 38-1-5 - 38-1-5. Terms of sale.

Full text of West Virginia West Virginia Code § 38-1-5 — 38-1-5. Terms of sale., with citation guidance and answers to common questions.

§ 38-1-5. 38-1-5. Terms of sale.

Such sale shall be made upon such terms as are mentioned in such deed; and if no terms are therein mentioned, then upon the following terms, to-wit: If the property to be sold is real estate, one third of the purchase money cash in hand, one third thereof, with interest, in one year, and the residue thereof, with interest, in two years from the day of sale, taking from the purchaser his notes, with good security, for the deferred payments, and either retaining the legal title as further security or conveying the legal title and reserving in the deed of conveyance a lien for the deferred purchase money, or otherwise securing the same; if the property to be sold be personal estate, then for cash.

Source: official West Virginia text · Last verified 2026-08-27

Frequently Asked Questions About West Virginia § 38-1-5

What does West Virginia Code § 38-1-5 cover?

Section 38-1-5 ("38-1-5. Terms of sale.") is part of the West Virginia Code, the codified statutory law of West Virginia. 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 West Virginia § 38-1-5?

A common citation format is "West Virginia Code § 38-1-5" (West Virginia). 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 West Virginia law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the West Virginia official source linked on this page or consult a licensed West Virginia attorney.

How does West Virginia § 38-1-5 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in West Virginia 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 West Virginia.