Auction
Tool by role

Auction file check.

Choose your role first. The check then reviews service and financing, security and balance, or edict, financing and property position. The first marked point shows which record to add next.

BRANDAUER Rechtsanwälte
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.

Tool by role

Auction file check.

Choose your role first. The check then reviews service and financing, security and balance, or edict, financing and property position. The first marked point shows which record to add next.

Already know you want to speak with a lawyer? Go straight to the contact form.

01 Question 1

In which role are you reviewing an auction file?

Pick the role that fits best. The role drives the questions about the file.

All paths at a glance

Overview of all outcomes.

04

Real-estate security documents are missing.

Add a current land register extract, mortgage and security agreements, and the rank documents. Without them the security cannot be reliably classified. Then classify scope and rank from the instruments.

Go to the creditor checklist →
05

A traceable balance statement is missing.

Add a balance statement with a cut-off date that separates principal, interest, costs and payments already credited. Compare the balance statement with the title, security and land register.

Go to the creditor checklist →
06

Security and balance records were marked as available.

Keep the current land register extract, security agreements, rank documents and balance statement with a cut-off date together. Existence and rank require the claim records, security and land register to be reviewed together.

Go to the creditor hub →
07

The edict, auction terms or valuation report is missing.

Add the current auction edict, the court auction terms and the valuation report. Section 141 concerns valuation. Section 146 concerns only changes to statutory auction terms. Review these records together before setting the bid ceiling.

Go to the buyer checklist →
08

Financing or reserve evidence is missing.

Add financing confirmation, evidence of own funds, a reserve for ancillary costs and the written personal ceiling. Align amount, due date and reserve with the financing.

Go to the buyer checklist →
09

Property, use or possession records are missing.

Add inspection notes, dated photos and known tenancy, use and possession information. Clarify condition, use and handover from the specific records.

Go to the buyer checklist →
10

Edict, financing and property records were marked as available.

Keep the edict, auction terms, valuation report, financing evidence and documented property position together. Read the edict, terms, valuation, land register and property position together before bidding.

Go to the buyer hub →

This check gives a general orientation on Austrian law and does not replace a lawyer’s examination of the individual case. Primary sources: section 133 Enforcement Act on the enforcement application, section 141 on valuation and section 146 on changes to statutory auction terms.

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