Real Estate Auctions & Enforcement Proceedings

You take part by submitting a bid through the platform indicated in the sale notice, after paying the required deposit and within the terms set for that specific procedure. Online auctions can run synchronously, in mixed synchronous form, or asynchronously — each with its own participation rules, set out in the sale notice. The first step is always reading the sale notice and the court order in full: they set out the base price, the required deposit (usually a percentage of the bid), and the date and format of the auction. Participation generally requires registering with the court-appointed telematic sale manager, holding valid digital identity credentials and an active certified email address, and submitting the bid on the prescribed forms. Before bidding, it is essential to study the court valuation report and check the property's occupancy status, any restrictions and any planning irregularities or outstanding charges — a judicial auction purchase differs from an ordinary sale and does not always allow for the same scope of prior verification.

Before bidding, the court valuation report, sale notice and order should be reviewed carefully, checking in particular the property's occupancy status, any unauthorised building works, outstanding condominium charges, and the costs needed to vacate and regularise the property — all factors that directly affect whether the purchase is actually worthwhile. The valuation report, filed with the case file, describes the property, its condition, any registry or planning irregularities, and the estimated value: it is the document to read first, paying particular attention to planning compliance, since not every irregularity is automatically resolved by the transfer decree. It is also important to check whether the property is vacant or occupied, and — if occupied by a third party — to consider whether that occupancy is binding on the procedure. Outstanding condominium charges should be checked too: the law limits the successful bidder's liability to recent charges, but the exact amount and applicable rules should be verified. Finally, the arrangements for cancelling mortgages and other charges set out in the transfer decree, and any ancillary costs (transfer taxes, clearance costs, remedial works), should be read carefully.

If the successful bidder does not pay the balance within the term set by the judge, the award is declared ineffective, the deposit paid is retained as compensation, and the property returns to sale, often through a new auction. This is a significant consequence, so being certain of one's financial means — and of the timing of any mortgage — before bidding is essential. The transfer decree, which formally confers ownership, is issued by the enforcement judge only after the full price has been verified as paid; until then, the award remains a conditional position and the successful bidder is not yet the owner. The term for payment is set out in the sale notice and the award order, and typically runs from sixty to one hundred and twenty days, subject to the judge's discretion to grant an extension on a reasoned request made before the deadline. Anyone relying on mortgage financing should start the bank's approval process before bidding, not after the award, since a bank's timeline rarely aligns on its own with the procedure's. Beyond losing the deposit, the judge may also charge the defaulting bidder the difference between the offered price and any lower price obtained at the subsequent sale, together with the costs of the new procedure — a financial risk that can exceed the deposit alone, and one to weigh carefully before taking part.