Articles & analysis.
Topics on judicial real-estate auctions, set out clearly.
BRANDAUER Rechtsanwälte
Salzburg law firm for real estate, corporate law and civil proceedings
We review the court file and property documents, explain the likely legal and financial consequences, and agree the next step with you.
Joint bid at a judicial auction: quotas, security deposit and award
Several people want to acquire one Austrian property together at a judicial auction. Learn how to identify bidders, set quotas, lodge the deposit and complete registration.
Heritage protection at a judicial auction: obligations, costs and bidder risk
Heritage protection at an Austrian judicial auction: review the protection scope, approvals, conservation costs and bidder risk before bidding.
Requesting payment of a court deposit: proof, authority and accounting
How a court deposit after a judicial auction is assigned and which evidence matters for return, payment and court processing.
Bidding through a representative: power of attorney, naming and liability at the hearing
How representatives prepare authority, naming and the binding effect of a bid for a bidder at an Austrian auction hearing.
Challenge a judicial-auction authorisation: appeal, enforcement title and deadline
How to review a judicial-auction authorisation by appeal, enforcement title and proof of service before the auction hearing.
Auction of a building right: reversion clause and compensation calculation
Review a building right at auction: remaining term, ground rent, reversion clause and compensation before bidding.
Heritage protection in a judicial auction: restrictions, value and bid calculation
Review heritage protection in a judicial auction: protected scope, approvals, preservation costs and value before bidding.
Insurance contracts after the auction award: building insurance, premium and loss
Review building insurance after an auction award: transfer, premium period, termination and open losses.
Stay a judicial auction under section 153 EO: another enforcement route covers the claim
When section 153 EO supports a stay because recurring monetary claims or other seized assets are expected to cover the same claim.
Legal aid in an Austrian judicial auction: requirements and scope
Legal aid in Austrian enforcement proceedings: requirements, possible benefits, timing and remaining cost risks in a judicial auction.
Creditor access despite a family sale prohibition: section 364c ABGB in a judicial auction
How a registered family prohibition under section 364c ABGB should be assessed in a judicial auction and what creditors, debtors and bidders should check.
New property valuation before the auction hearing where the condition has materially changed
New property valuation under section 142 EO: time, material changes and evidence before the auction hearing.
Access to the judicial auction file: who may inspect the valuation report and court file
Who may inspect a valuation report and enforcement file in an Austrian judicial auction and how parties and prospective bidders should prepare access to documents.
Registering ownership after an auction award: land-register application and tax clearance
Which documents a judicial-auction buyer should organise for registration, ownership recording and the required tax record.
Trade licence after an auction award: review premises approval and own licence
What a buyer of a business property at auction should review about premises approval, its scope and the new operator’s own trade licence.
Defective valuation report: when an expert may be liable to the purchaser and parties
When negligent performance of a valuation assignment may lead to an attributable financial disadvantage under section 141(5) EO and section 1299 ABGB.
Contamination at a judicial auction property: remediation duties and bidder risk
Contamination at a judicial auction property: review the contaminated-sites portal, ALSAG, Water Act, remediation costs and bidder risk before the award.
Unauthorised extension in a judicial auction valuation: identify the risk before bidding
Unauthorised extension in a judicial auction valuation: review the building file, actual condition, use, possible costs and bidder risk before bidding.
Auctioning several properties together or separately: What affects the proceeds
Auctioning several properties together or separately: Section 146 EO, auction conditions, proceeds factors and file review for owners, creditors and bidders.
Withdrawing a bid at a judicial auction hearing: when is the bidder bound?
When a bid at an Austrian judicial auction becomes binding, how the security deposit works and what happens if the award is granted or refused.
Handover and eviction of a property after an auction award
How a successful bidder takes over a property after an auction award and prepares judicial eviction of the former owner.
Simultaneous mortgage in highest bid distribution: main and secondary property
How a simultaneous mortgage is paid from several distribution funds and when compensation under section 222 EO must be reviewed.
Sell a house before a judicial auction: release of encumbrances and ending enforcement
Selling a house before a judicial auction: coordinate the purchase price, creditors, release of encumbrances, escrow and court termination.
Taxes, fees and assumed encumbrances before the first bid: What the court announces under Section 178
Which charges, creditor statements and claims the court announces under Section 178 before bidding and how they affect the bid ceiling.
Land-transfer approval after a Salzburg judicial auction: documents after the award
Land-transfer approval after a Salzburg auction award: sections 33 to 36 of the Salzburg Act, documents, deadlines and renewed auctions.
Judicial auction in insolvency: secured creditors and realisation
How secured creditors, separate funds, realisation and ranking interact in a judicial auction during insolvency proceedings.
Real partition before auction: condominium ownership as a possible solution
Ending co-ownership does not automatically mean a sale by auction. A meaningful real partition or condominium formation may need to be considered first.
Partition obstacles in co-ownership: assessing an unfavourable time and disadvantage
An unfavourable time and disadvantage can matter in a partition claim. They are not automatically permanent barriers.
Further auction hearing: no automatic reduction of the minimum bid
An unsuccessful hearing does not trigger an automatic discount. The procedure, order and application must fit together.
Applying for a higher minimum bid in a judicial auction
The minimum bid is not freely chosen. Under statutory conditions, a higher minimum bid can be an important protection issue.
How to assess a creditor auction of a co-ownership share
In a creditor auction of a co-ownership share, the procedure, share and actual use must be reviewed separately.
Terminating an assumed mortgage claim: buyer’s rights
Section 203 EO may give the auction buyer a special termination right for an assumed secured claim.
Ended auction: deletion of land-register notices
Section 151 EO governs deletion of auction-related notices after final termination and fourteen days.
Interim administration after an auction award: who may act?
Sections 190 to 193 EO govern interim administration between award and handover.
Auction edict without warranty: the bidder’s risk
Section 189(2) EO excludes warranty claims for incorrect edict information. Review the file before bidding.
Auction award: risk, income, costs and handover
What to review after an auction award: risk, income, costs, handover and registration.
Written offers in a partition auction after no bid
What to know about written offers and the next procedural steps after no bid in a partition auction.
Partition auction versus creditor auction: the decisive difference
How partition auctions and creditor auctions differ in purpose, minimum bid and legal consequences.
Easements and residential rights in a judicial auction: what remains
How rights of way, residential rights and other easements should be reviewed before bidding and when they may continue.
A creditor joining an ongoing judicial auction: how to assess it
What a further creditor joining an ongoing judicial auction means for the file, ranking and distribution.
Resale after buyer default in a judicial auction: what follows
What happens after the award if the buyer fails to pay the highest bid on time and a resale becomes possible.
Rental building in the judicial auction: rents, deposits and transfer to the buyer
How the buyer of a tenanted rental building steps into existing leases and how arrears, deposits and ongoing income are treated.
First and second auction proceeding: reading the minimum bid and new opportunities correctly
How the statutory half of the appraised value operates as minimum bid and when section 188(4) EO reduces a raised threshold in the second proceeding.
Auctioning a co-ownership share: what bidders check on share, use and partition
How a bid on an ideal co-ownership share differs from a partition auction under section 352a EO and which use and administration questions belong to the review.
Superstructure in the judicial auction: what happens with the building and third-party land
How a superstructure is treated in the Austrian judicial auction and how bidders review the qualification, the document deposit, the use title and section 134 EO.
Condominium costs after the judicial auction: what the buyer actually takes over
Which running costs the buyer of a condominium takes over after the award and how the priority lien, the reserve and the assumption under section 27(3) WEG are treated.
Judicial auction hearing: prepare the file, questions and bidding process
How prospective bidders prepare the file, questions, security deposit and bidding limit for an Austrian judicial auction hearing.
Viewing before a judicial auction: appointment, access and locked doors
How section 176 EO governs the viewing appointment, access to occupied areas and locked doors before an Austrian judicial auction.
Fixtures in a judicial auction: fitted items, solar equipment and third-party ownership
How the valuation, sections 294 to 297a ABGB and ownership evidence determine which fitted items and machinery are included in an auction.
Tenancy in a judicial auction: lease rights, assumption and eviction
How a tenancy, the MRG, land register and section 1121 ABGB affect assumption, notice, handover and eviction in a judicial auction.
Overbid after a judicial auction: deadline, security and the buyer’s response
When an overbid after the award is admissible, which 14-day period and security apply, and how the existing buyer may respond.
Security deposit at a judicial auction: savings certificate, lodging and return
How much the Vadium is, why only savings certificates qualify and what bidders need to know about lodging, custody, credit and the mortgage exception.
Challenge an auction award: objection, refusal and appeal in a judicial auction
When an auction award can be challenged by objection or appeal, which defects section 184 EO covers and when section 187a EO applies.
Stopping or staying a judicial auction: payment, deferral and evidence
When payment, deferral or waiver may support termination and why a stay requires its own court decision and evidence.
Distribution of the highest bid: claim filing, priority and objection
How creditors file claims for distribution of the highest bid, prepare priority issues and assess a possible objection in Austria.
Highest bid after the award: payment deadline, interest and default
What buyers need to know after an award about the highest bid, the two month payment period, interest, a repeat auction and personal liability.
Arrange land register entries and encumbrances before an auction
How bidders review the land register, priority, valuation and edict and reflect continuing encumbrances in their bidding limit.
Review bidding authority and representation before the auction hearing
The required form of bidding authority and how bidders prepare representation, the bid ceiling, company evidence and security.
Separate claim balance, security and enforcement file
Creditors arrange title, current balance, real-estate security and court file without making a rank forecast.
Plan a bid budget and reserve for a judicial auction
Separate the personal bid ceiling, financing, additional costs and reserve from the court valuation.
Review the auction edict and conditions before bidding
Bring together the edict, date, property, valuation and specific auction conditions before a bid.
Court valuation in a judicial auction: review points for owners
Review inspection date, property features and attachments of a court valuation in a traceable way.
How to record a court letter on a judicial auction correctly
Record the court, file reference, service and attachments before an owner requests a review of the auction file.
Order the auction file: which documents belong together before the first review
Document map for owners, creditors and buyers: court, land register, property, financing, balance and open questions.
Judicial auction: which path fits owners, creditors and buyers?
Owners, creditors and buyers each have their own file basis in a judicial real-estate auction. Short guide to the three roles.
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