Review the higher threshold in the conditions
Read the court order and edict together. The higher threshold set there governs the current proceeding and the financing and bidding plan.
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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.
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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.
15 August 2026, Mag. Bernhard Brandauer, Rechtsanwalt
An ordinary creditor auction follows a statutory minimum framework. This differs from a court setting a higher minimum bid.
Viability depends on the file, not a preferred amount.
Applying for a higher minimum bid in a judicial auction
Which situation applies?
The minimum bid is not freely chosen. First check the auction conditions and the stage of the proceeding.
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Which statement matches your file?
All paths at a glance
Overview of all outcomes.
Review the edict and auction conditions →
Assess reduction under section 188(4) EO
After an unsuccessful proceeding, a higher threshold previously set in the conditions may be reduced to the statutory half in the renewed proceeding. Whether the court grants the request and whether other conditions change must be assessed separately.
Classify the statutory half as the threshold
If the conditions set no higher threshold, the statutory starting point is half of the appraised value under section 85(2) EO. A second proceeding does not automatically lower that statutory threshold.
Statutory minimum and special review
Statutory minimum and special review
Section 85(2) EO sets the framework. Section 146(1)(5) EO concerns a higher minimum bid under statutory conditions.
Which parts of the file matter
Which parts of the file matter
The valuation, edict, orders and proof of service must fit together.
Application and court decision
Application and court decision
An application must address the competent court and actual file.
Consequences for bidders and creditors
Consequences for bidders and creditors
Bidders follow the set minimum; creditors assess enforcement and rank separately.
Review matrix
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.
| 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
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.
- 011011
Secure the file
Organise edict, order and land register.
- 022022
Check conditions
Clarify procedure and legal basis.
- 033033
Separate risks
Do not mix use, encumbrances and financing.
- 044044
Set the next step
Only then assess application, bid or sale.
Important: A second hearing does not automatically reduce the minimum bid.
FAQ
Frequently asked questions
Can anyone demand a higher minimum? +
No. The file and statutory conditions govern.
Can the bidder set the amount? +
No. The amount set in the proceedings governs.
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Topics
Higher minimum bidJudicial auctionAuction conditionsSection 188(4) EOBidders
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