(b) This subsection does not apply to a partition action. If the sale by use of an auctioneer has not been agreed to by the creditors in the proceedings and the sale price is less than the sale price described in IC 34-6-2-35, the auctioneer is entitled only to the auctioneer’s advertising expenses plus one hundred dollars ($100).

     (c) The amount due the auctioneer for the auctioneer’s expenses and fee, if any, shall be paid as a cost of the sale from the sale proceeds before the payment of any other payment from the sale proceeds.

[Pre-1998 Recodification Citation: 34-1-39-1.5(d).]

As added by P.L.1-1998, SEC.51. Amended by P.L.94-2014, SEC.9.