Record the financing framework in writing
Obtain written confirmation of the available amount, conditions, securities and timing before the hearing. An informal financing expectation does not belong in the bid ceiling.
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Plan a bid budget and reserve for a judicial auction
Separate the personal bid ceiling, financing, additional costs and reserve from the court valuation.
Your law firm
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.
16 July 2026, Mag. Bernhard Brandauer, Rechtsanwalt
The court valuation is not a personal bidding recommendation. Buyers need their own ceiling reflecting financing, applicable charges and fees, work on the property and remaining uncertainty.
Separate the intended bid, the financing actually available, property-related additional costs and an untouched risk reserve. This makes clear during the hearing which amount is genuinely available for a higher bid.
First orientation
Which part of your bid ceiling is still unresolved?
Select the element for which no reliable figure or evidence is available. The result identifies the next concrete review step.
Already know you want to speak with a lawyer? Go straight to the contact form.
Which budget element is not yet reliable?
The court valuation replaces neither financing confirmation nor your private cost and risk calculation.
All paths at a glance
Overview of all outcomes.
Preparation for buyers →
Record additional costs with their source
List charges, fees, necessary works and known encumbrances with the source and calculation assumption. Unresolved items remain visible as risk and are not entered as zero.
Protect the reserve outside the bid
Define the purpose and minimum amount of the reserve before the hearing. Keep it outside the maximum bid until reliable new documents change the underlying uncertainty.
Do not confuse valuation and ceiling
Do not confuse valuation and ceiling
Section 141 of the Austrian Enforcement Code governs the court valuation and identifies the inspection date as the relevant valuation date. The report therefore records a court-determined value at a particular file date. It does not state how much a bank will make available in time or which personal exposure is sustainable for you.
Check whether the condition, use or land register position has changed since the inspection. The guide to reviewing the court valuation explains how to record the date, property description and unresolved discrepancies.
Keep the valuation, intended maximum bid, available financing and risk reserve in separate fields. Give each figure either a file reference or a clearly identified private assumption.
Make additional costs and uncertainty visible
Make additional costs and uncertainty visible
Record acquisition charges and fees, financing costs, necessary immediate works and the economic effect of continuing rights in separate lines. Section 201(4) of the Austrian Enforcement Code expressly states that transfer charges cannot be included in the highest bid. The bid alone therefore does not show the total exposure.
Unresolved legal, use or condition questions belong in a separate risk list. For registered encumbrances, first determine whether and how they continue after the award. The guide to land register entries and encumbrances connects priority, source instrument, valuation and auction conditions.
The bid budget planner structures known figures and reserves. It calculates neither the amount later payable to the court nor a binding total exposure and does not replace financing confirmation or file review.
Budget matrix
Keep four sets of figures separate before the hearing
The separation prevents a higher bid from silently consuming money allocated to additional costs or reserve.
| Element | Evidence or assumption | Effect on the stop line |
|---|---|---|
| Financing | Amount and conditions confirmed as available in writing | Limits the funds that can actually be deployed |
| Intended maximum bid | Private decision based on the court file | Must leave room when further costs remain open |
| Additional costs | Charges, fees, financing and necessary works | Are calculated in full outside the bid |
| Risk reserve | Identified unresolved legal, use or condition issue | Remains protected until new documents materially change the risk |
Unknown amounts remain documented as open items and are not entered as zero.
Set a stop line before the hearing
Set a stop line before the hearing
Write down the personal ceiling before the hearing and keep it separate from a reserve for later expenditure. Change it only when reliable new information emerges.
Also review the edict and the specific auction conditions. Section 146 of the Austrian Enforcement Code permits court-ordered changes to the statutory conditions where its requirements are met. General assumptions about encumbrances, combined offers or the minimum bid are therefore insufficient.
If a new document changes the ceiling, record the source, amount and affected budget element. Bidding dynamics in the room are not new information. The previously recorded stop line should remain decisive.
FAQ
Frequently asked questions
Should I use the valuation as my maximum bid? +
No. The valuation is one court-file input. Your ceiling must also account for financing, charges and fees, property costs, continuing encumbrances and a personal reserve.
Can the planner calculate the later court payment? +
No. It structures private preparation before bidding. The amount later payable follows from the statute, award order, security deposit, auction conditions and any items that can lawfully be credited in the particular case.
When may the stop line be increased? +
Only when reliable new information changes a previously unresolved budget element. Bidding momentum or the gap to the valuation is not enough.
Why keep the reserve separate? +
This prevents a higher bid from silently consuming funds intended for known works or unresolved legal, use and condition issues.
Continue on the portal
Continue on the portal
Review the court valuation
Trace the inspection date, property description and discrepancies.
Land register and encumbrances
Clarify continuing rights and their economic effect before bidding.
Bid budget planner
Record financing, additional costs, maximum bid and reserve separately.
Buyer checklist
Prepare the court file, property documents and hearing folder.
Topics
ZwangsversteigerungEOLiegenschaftGerichtsakte
Questions about an upcoming auction?
Call the firm or send us an email. We will review your enquiry and contact you.
Contact
A direct line to the firm.
Address
BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
Phone
+43 662 6280000