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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.

BRANDAUER Rechtsanwälte
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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 August 2026, Mag. Bernhard Brandauer, Rechtsanwalt

The result follows the Enforcement Code and court file, not an assumed discount ladder.

Distinguish a further hearing from a resale after a successful bidder’s default.

Further auction hearing

Which point still needs checking?

An unsuccessful hearing does not trigger an automatic discount. The procedure, order and application must fit together.

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01 Question 1

What happened?

All paths at a glance

Overview of all outcomes.

01

Review the first and second auction proceeding

Check which minimum bid actually applies in the first and next proceeding. A higher threshold can be reduced in the second proceeding under section 188(4) EO only on application and by court decision.

Review the first and second auction proceeding →
02

Compare the edict and auction conditions

Read the current edict and auction conditions in full. The date, minimum bid and any changes must not be inferred from the unsuccessful first hearing.

Compare the edict and auction conditions →
03

Distinguish resale after buyer default

After an award followed by the successful bidder’s default, check the requirements for resale under sections 205 and 206 EO. That is different from an ordinary further hearing after an unsuccessful bid.

Review resale after buyer default →

Further hearing and resale

Section 188 EO concerns a further hearing. Sections 205 and 206 EO concern a resale after a successful bidder’s default.

Do not calculate the minimum backwards

The statutory framework generally applies from the first hearing. A further hearing does not automatically reduce it.

Order and finality

Read minutes, order and service in that order. The specific court decision governs.

Preparing bidders and creditors

Bidders need new conditions; creditors reassess the application and objective.

Review matrix

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.

Field Key question Evidence
Case Which question is open? Evidence
File What has been established? Court file
Next step Which decision is pending? Order and documents
Process

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.

  1. 01
    1

    Secure the file

    Organise edict, order and land register.

  2. 02
    2

    Check conditions

    Clarify procedure and legal basis.

  3. 03
    3

    Separate risks

    Do not mix use, encumbrances and financing.

  4. 04
    4

    Set the next step

    Only then assess application, bid or sale.

Important: A further hearing and a resale are not synonyms.
FAQ

Frequently asked questions

Does the minimum automatically fall? +
No. The statutory basis and court decision govern.
Is a resale the same as no bid? +
No. It follows the default of a bidder who had already succeeded.
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Topics
Judicial auctionMinimum bidFurther auction hearingAuction conditionsSection 188 EOBidder

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