Conditions of participation in auction
For further details:
Auction participation conditions:
- The conditions for participating at the auction are presented in the sale publication, for sales made under the Civil or Tax Procedure Code, and in the Sales Regulation, for sales made under the terms of the Insolvency Code.
- Exim Banca Romaneasca does not accept offers containing a lower price than 75% of the real estate valuation price.
- The debtor cannot bid at the public auction either personally or through other intermediaries.
- At least one day before the auction date, any interested person may submit a written offer to purchase the property he is interested in. The written offer must contain at least:
- Number of the execution file/liquidation in which the offer is made;
- Identification data of the bidder;
- The real estate property identification data;
- The price offered and the payment method – if you want to pay in installments, the consent of the pursuing creditors is required.
To this offer will be attached the receipt for recording the participation guarantee. The tender guarantee is 10% of the starting price and is deposited in the consignment account indicated by the Enforcement Office/Liquidator. In cases where the auctioneer wishes to pay the price in instalments or through a bank loan, he must mention these aspects in the application. The creditor will send his agreement through the bailiff on how to pay the price. In the case of auctions organized in bankruptcy proceedings, additional conditions may be established by the Regulation of participation at the auction.
- At the first auction term, the property is taken out at the full price set in the execution file/liquidation.
- If the property will not be sold at the first auction term, a new sale publication will be issued for a new term. At the second auction term, the starting price is 75% of the valuation price of the property.
- The good is won by the one who, after three successive calls, made at intervals allowing options and overbidding, offers the highest price.
- If an auctioneer wins the auction, he must submit the rest of the price no later than 30 days. The 10 % security shall be taken into account as an advance on payment of the winning price. If the payment of the price is made in installments, it is mandatory to agree with the creditors and to mention the payment method by the Executor/Liquidator through minutes/report.
- The guarantees of the other participants at the auction will be returned by the bailiff.
- After full payment of the price, the bailiff will issue the award document to the auctioneer. In the case of hire sales, the award document shall be handed over after the payment of the advance. The successful tenderer is the owner subject to payment of the remainder of the price.
- If the price is not submitted within the established deadline, the auction will be resumed or, as the case may be, another way of capitalizing the good, and the first auctioneer is responsible both for the decrease in the price obtained at the second sale and for the expenses incurred for it; The amounts will be established by the executor through a report with the force of an enforcement title and will be deducted mainly from the amount deposited as bail.
- The procedure for handing over the property is not carried out by the bank. If the former owner will not vacate the property voluntarily, the auctioneer may use the services of a bailiff for this purpose.
- Code of Civil Procedure, republished, with subsequent amendments and completions;
- Civil Code, republished, with subsequent amendments and completions;
- Fiscal Procedure Code, republished, with subsequent amendments and completions;
- The republished Insolvency Code, with subsequent amendments and completions;
- Law nr. 287/2011 on certain measures related to the organization of the activity of enforcement of receivables belonging to credit institutions and non-banking financial institutions;
- Law nr. 188/2000 on bailiffs, republished, with subsequent amendments and completions;
- MJ Order No. 2550/2006 approving minimum and maximum fees for services provided by bailiffs with subsequent amendments and completions;
- O.U.G nr. 99/2006 – on credit institutions and capital adequacy, as subsequently amended and supplemented;
- Law nr. 138/2014 amending Law no. Law no. 138 of 15 October 2014 amending and supplementing Law no. 134/2010 on the Code of Civil Procedure, as well as for amending and supplementing some related normative acts.
- Law nr. 85/2006 on insolvency proceedings, with subsequent amendments and completions;
- Law nr. 85/2014 on insolvency prevention and insolvency procedures;
- Law nr. 58/1934 on bills of exchange and promissory notes, with subsequent amendments and completions;
- Law nr. 59/1934 on the cheque, with subsequent amendments and completions;