Short answer. Once you pay the purchase price, the officer must deliver the property to you and, if you want, issue a certificate of sale. The sale conveys all the rights the judgment obligor had in the property as of the date of the levy on execution or preliminary attachment.
What the law says
When the purchaser of any personal property, capable of manual delivery, pays the purchase price, the officer making the sale must deliver the property to the purchaser and, if desired, execute and deliver to him a certificate of sale. The sale conveys to the purchaser all the rights which the judgment obligor had in such property as of the date of the levy on execution or preliminary attachment.
Rule 39, Section 23 — Conveyance to purchaser of personal property capable of manual delivery. Read the full provision →
Payment triggers delivery, and an optional certificate
Where the purchaser of personal property capable of manual delivery pays the purchase price, the officer who conducted the sale must deliver the property to him directly. If the purchaser wants one, the officer must also execute and deliver a certificate of sale, though that document is optional rather than automatic for this kind of property. Because the property can be physically handed over, the Rule ties the officer's core obligation to actual delivery, with the certificate serving mainly as optional documentary proof.
What rights actually transfer to the purchaser
The sale itself conveys to the purchaser all the rights which the judgment obligor had in the property, measured as of the date of the levy on execution or preliminary attachment, not as of the date of the actual sale or payment. This distinction matters whenever time passes between the levy and the eventual sale. If the obligor's interest in the property was already limited or encumbered before the levy, the purchaser only receives that same limited interest, not something greater. This rule does not protect a purchaser who knew, before bidding, that a third party's superior claim already limited the obligor's interest; the purchaser simply steps into whatever position the obligor actually held, no better and no worse.
Why the levy date matters
Fixing the transfer to the date of levy establishes exactly what interest is being sold and cuts off any rights the obligor might otherwise have tried to pass along to someone else in the meantime, after the levy but before the sale actually happened. It also protects the purchaser from later claims based on transactions the obligor might have attempted after the levy but before the sale was completed. This obligation to deliver binds the officer conducting the sale, not the judgment obligor personally; an obligor who refuses to hand over the property voluntarily does not defeat the purchaser's rights, since the officer's authority to take and deliver the property flows from the levy itself, not from the obligor's cooperation.
Related provisions
- Rule 39, Section 23 — Conveyance to purchaser of personal property capable of manual delivery
- Rule 39, Section 22 — Adjournment of sale
- Rule 39, Section 24 — Conveyance to purchaser of personal property not capable of manual delivery