Rule 652.Purchaser Failing to Comply

Last verified June 28, 2026

In one sentenceRule 652 makes a person who bids off property at an execution sale and then fails to comply with the terms liable to pay the plaintiff in execution twenty percent of the value of the property bid off, besides costs, and separately liable to the defendant in execution for any loss on a lower-priced resale.

Full Text of Rule 652

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If any person shall bid off property at any sale made by virtue of an execution, and shall fail to comply with the terms of the sale, he shall be liable to pay the plaintiff in execution twenty per cent on the value of the property thus bid off, besides costs, to be recovered on motion, five days notice of such motion being given to such purchaser; and should the property on a second sale bring less than on the former, he shall be liable to pay to the defendant in execution all loss which he sustains thereby, to be recovered on motion as above provided.

End

Plain-English Summary

Rule 652 holds a defaulting bidder accountable. If a person bids off property at an execution sale and fails to comply with the terms, that bidder is liable to pay the plaintiff in execution twenty percent of the value of the property bid off, besides costs. If the property brings less on a resale, the bidder is separately liable to the defendant in execution for that loss — so a failed bid does not derail the collection.

Frequently Asked Questions

What happens if you win an execution sale bid but don't pay in Texas?

Rule 652 makes you liable to the plaintiff in execution for twenty percent of the property's bid-off value, plus costs — and if the resale brings less, you're separately liable to the defendant for that loss too.

How much does a defaulting bidder owe under Rule 652?

Twenty percent of the value of the property bid off, plus costs, recoverable on a motion with five days' notice to the bidder.

What if the resale brings in less money because of the default?

Rule 652 makes the defaulting bidder liable to the defendant in execution for that additional loss too, recoverable the same way.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 652), published by the Texas Judicial Branch (txcourts.gov). Promulgated by the Supreme Court of Texas. The plain-English summary is original and draws on official sources. Last verified June 28, 2026. · Official source

Also known as: purchaser failing to complydefaulting bidder executionTRCP 652defaulting bidder liabilitytwenty percent penalty execution sale