0 1 shooting platform and retrieval mode
Ali judicial auction:
Auction in JD.COM. COM:
The French School's Search Method
1. Go to Taobao homepage and click to enter the judicial auction indicated by the red arrow.
2, according to the subject matter name, geographical location, execution case number and other information for retrieval.
3. Further limit the search scope according to the specific conditions such as region, auction status and shooting time. For example, after Changsha demarcates the area, the object of confirmation can be initially determined.
As shown in the red circle, you can see the auction information of Room KLOC-0/806, Building 2, Vanke Jinyu Riverside, No.959 Xiaoxiang North Road, Yuelu District, Changsha City.
4. Click to enter the shooting method properties to get specific information.
As can be seen from the figure, the disposal unit is leiyang city People's Court, and the real picture of the house can also be displayed on the left side of the webpage, where there are real estate and information involved.
Then, how to determine the evaluation price of real estate, and how to determine the starting price and the amount of deposit? Next, let's continue to interpret.
How to determine the starting price of auction real estate?
According to the Provisions of the Supreme People's Court on Several Issues Concerning the People's Court's Determination of Appraisal Price of Property Disposal, which came into effect on September 18, 2008, before the official auction, the court will determine the reference price of the property involved in the auction through pre-procedures, and then determine the starting price (also known as the auction reserve price) through the reference price. The specific flow chart is as follows:
As shown in the above figure, we can see that the principles for the court to confirm the auction price are as follows:
As shown in the above figure, we can see that the principles for the court to confirm the auction price are as follows:
(1) The parties have the priority to bargain.
The court will give priority to organizing the parties to negotiate the reference price of real estate prices and determine the starting price of the first auction and the second auction. If an agreement is reached, both parties can submit written bargaining results to the court, but the bargaining price should follow the basic market conditions to prevent false auction or damage to the interests of third parties.
(two) negotiation fails, qualified inquiry.
If the two parties fail to reach an agreement or no agreement is reached through consultation, and the property is priced on the basis of taxation or by the government, the court may make a directional inquiry to the relevant institutions where the property is located to confirm the reference price of the auction.
If the property does not meet the requirements of directional inquiry, but meets the requirements of online inquiry, the executive court will conduct online inquiry in the list database of the national judicial online inquiry platform established by the Supreme Court, and determine the reference price of the property on average from the prices fed back by many institutions.
(3) If negotiation or inquiry fails, the appraisal shall be entrusted.
For the property that cannot be negotiated and is not suitable for determining the price by inquiry, the court will entrust a qualified appraisal institution to conduct appraisal by lottery. After the evaluation is completed, the evaluation institution shall issue a professional evaluation report to determine the reference price.
(4) Set the reference price first, and then set the starting price.
If the price has been settled, the two parties generally directly determine the reference price as the first auction price and agree on the appropriate downward price for the second auction.
If the reference price is determined through inquiry or evaluation, according to Article 10 of the Provisions of the Supreme People's Court on Several Issues Concerning Online Judicial Auction of People's Courts, the auction starting price finally determined by the court is at most 30% lower than the reference price. In judicial practice, the reference price will generally be reduced by 10-20% as the starting price of an auction.
Formal process of three-way shooting
The formal auction procedure mainly includes three procedures: the first auction (hereinafter referred to as "one auction"), the second auction (hereinafter referred to as "two auctions") and sale. At the same time, according to the provisions of Article 491 of the Judicial Interpretation of the Civil Procedure Law, with the consent of both parties, the court may also pay off the debts in kind without going through the auction or sale procedures, provided that the interests of the third party are not harmed. However, in judicial practice, it is quite cautious to pay debts in kind, so this paper only discusses the following three common procedures:
Beat program
In the auction process, potential buyers can pay a deposit (usually 5-20% of the starting price) to register. At the exhibition
If the second auction is repeated, the court will generally start the sale procedure with the starting price of the second auction. The difference between the sale procedure and the auction procedure lies in: on the one hand, participating in the sale needs to pay the full sale price, not the down payment; On the other hand, unlike the bidding period of the auction, the sale period is as long as 60 days. However, during the selling period, as long as someone bids, the selling period will be shortened to 24-hour bidding period immediately, and the transaction can be completed without bidding. Therefore, in principle, selling is a first-come-first-served procedure.
(4) After the auction is completed.
After the auction or sale is completed, the buyer shall pay the remaining price within the time limit determined by the announcement (the deposit paid directly offsets the auction price). After the full payment, the court will issue a ruling on auction transaction, movable property delivery and real estate transfer. For the deposits paid by other bidders, the court will refund them within 24 hours after the bidding procedure ends.
It should be noted that the auction method does not limit the number of bidders. Even if only one person participates in the auction and bids, the auction will be over. Therefore, if we consider the most extreme situation, the first auction will reduce the price by 30%, and the second auction will reduce the price by 20%. The starting price of the second auction can be at least 56% of the reference evaluation price or market price. In this way, many buyers are also wishful thinking, hoping to "miss" the starting price and get what they like.
04 conclusion
After reading the whole article, I believe you have a certain understanding of the auction process, and even some are ready to move. But don't worry, although there are opportunities to auction real estate, there are still many risks. In the next issue, the executive legal service team will continue to compile and write the supporting article "Guide to Leak Detection and Pit Avoidance" for your reference, so please pay attention.
Related Q&A: Related Q&A: Is there an auction platform for real estate? What do you recommend? Thank you for inviting me!
There are currently five platforms:
Ali and JD.COM are widely known on French auction platforms.
The people's court litigation assets network belongs to the Supreme People's Court, and the public auction network belongs to Shanghai Auction Association.
China Auction Industry Association Network belongs to China Auction Association.
Good luck!