FREQUENTLY ASKED QUESTIONS

Can I buy properties for the amount of the past due real estate taxes? 

No.  Each property is appraised by a licensed real estate appraiser and the Circuit Court determines the fair market value prior to sale. The Court expects properties to sell for at least the fair market value.

How do I figure out the amount of the past due real estate taxes?  Is that amount relevant to the tax sale? 

To determine the amount of taxes past due on a property, click here.  The amount of delinquent tax is irrelevant to the sale price of a property.  Interested purchasers cannot simply pay the delinquent taxes to buy properties.  If the amount of the past due taxes exceeds the sale price of the property, the Court will order the Treasurer to write off the unsatisfied taxes.

Are properties sold with any warranty?

No.  Properties are offered for sale as-is with all faults and without any warranty whatsoever.

Who approves offers of purchase?

All sales are subject to approval and confirmation by the Fauquier County Circuit Court.

What kind of deed can I expect to receive if the Court approves my offer?

Properties are conveyed by special commissioner’s deed with special warranty of title.

There are outstanding liens listed on the title report the County shared online.  Is the property sold free of those liens?

Yes.  Properties are sold free and clear of all liens included in the tax sale complaint.

Do you perc test or survey properties prior to the tax sale?

No.  Properties are not perc tested or surveyed prior to sale.

May I inspect the property? 

You may request permission from the Special Commissioner of Sale to inspect the property.  If she grants written permission to go onto the property, then you may enter.  Most properties are suffering from substantial neglect.  Therefore, entry can be hazardous.  All inspections are at your own risk and expense. 

Will the County refund me the costs of my due diligence investigation? 

Expenses incurred by interested parties for due diligence investigations are non-refundable.

Are properties available only at public auction?

No.  The court determines how properties will be sold.  They’ll be sold either by private offer or public auction.  Frequently, the Court permits the Special Commissioner to advertise properties as available for purchase both ways. 

Can I pay with cash?

No.   Cash is not accepted. A cashier’s check made payable to “Clerk, Fauquier County Circuit Court” is required.

How much is the required deposit?

Offers must be accompanied by a deposit of $1,000 or 10% of the purchase price, whichever is greater.  Since no one can know in advance how the bidding will transpire, each prospective bidder should decide prior to the auction what the maximum is he/she is willing to pay for the property.  Once bidders decide on their maximum bid, they should simply get a certified check or cashier’s check for 20% of that amount.  That way, if the bidding goes higher than anticipated and bidders want to increase their bids, their checks will be more than adequate to cover the 10% deposit.  Deposits are NOT paid upon registration. The only person who pays a deposit is the winning bidder.  If the high bidder does not have the entire 10% deposit to tender immediately at the close of the auction, the Special Commissioner will declare "no Sale" and reopen the bidding immediately. 

Do I need to register for the auction?

Yes.  Registration occurs immediately before the auction on the front steps of the Fauquier County Circuit Courthouse, 40 Culpeper St., Warrenton.

Where are the auctions held?

All auctions are held at the Fauquier County Circuit Courthouse, 40 Culpeper St., Warrenton.

If I am the high bidder, when can I expect to pay the balance of the sales price?

Once the highest offer is confirmed by the Court, the balance due must be paid within 30 days.

Who pays the recording costs and transfer fees?

Purchasers are responsible for all recording costs and transfer taxes, including grantor’s tax.

Can an owner save the property from being sold?

Yes.  Owners may redeem their properties before the date of the sale by paying all taxes, penalty, interest, and costs.

What happens to the excess proceeds of sale if the owners do not claim them?

If the owners of the property do not make a claim for the excess proceeds of sale within two years of the date that the Circuit Court confirms the sale of the property, then Fauquier County makes a claim to the Court, asking that the excess proceeds of sale be paid to Fauquier County.

How do I find out if there are any tax sale cases in which excess proceeds remain on deposit with the Clerk of the Fauquier County Circuit Court?

You should visit the Circuit Court Clerk's Office, located at 29 Ashby Street, 1st Floor, Warrenton, VA 20186, to review the Court's case files.

For more information, click here.