2. The above provisions stipulate the lessee's preemptive right. However, there are no laws and regulations on how to exercise the lessee's preemptive right in the auction.
However, we can refer to Article 14 of the Provisions of the Supreme People's Court on Auction and Sale of Property in Civil Execution of People's Courts: "The people's court shall notify the parties concerned and the known holders of security interests, preemptive rights or other preemptive rights to be present on the auction day five days before the auction." Article 16 stipulates: "In the auction process, when the highest bid appears, the preemptive right holder may indicate to buy and accept it at the highest price; If there is no higher bid, it will be auctioned to the preemptive right holder; If there is a higher bid, it will be taken to the bidder with the highest bid. "
That is to say, the exercise of the lessee's preemptive right in the auction should follow the following procedures: First, the lessee must be informed of the auction within a reasonable period before the auction, so that the lessee can decide whether to bid; Second, the lessee must go through the bidding procedures according to the regulations and participate in the auction on the auction day; Third, when the highest bid price appears in the auction, the lessee must bid by placard, and if there is no other higher bid price, it will be recovered to the lessee. If there are other higher bids, continue to bid until the highest bidder is awarded.
More generally speaking, the court informs you to bid, which means taking legal procedures. If you don't go, it means giving up priority.
3. There are three ways to exercise auction priority in China.
One is "bidding method", the other is "inquiry method" and the third is "inquiry bidding method".
"Bidding method" means that priority and bidders directly participate in bidding, and the highest bidder wins. Therefore, in order to exercise and realize its priority, the priority holder must, like other bidders, register for bidding, pay auction deposit and bid by placard according to the requirements of auction announcement. According to the Bidding Law, the priority holder must actively bid and respond to the price in order to realize his priority.
"Inquiry method" refers to notifying the priority person to the auction site, but not directly participating in the bidding. After the highest bidder is generated by bidding, the auctioneer asks the priority holder whether he is willing to claim priority on the condition of the highest bidder. If it doesn't want to, the auction target will be bought by the highest bidder. If willing, the auction target will be purchased by the priority purchaser, without asking whether the highest bidder is willing to increase the price again. In Taiwan Province Province, China, the lessee's preemptive right adopts the "inquiry method", and the highest bidder is no longer asked whether he is willing to increase the price. As long as the lessee expresses his willingness to buy, the auction target will be bought by the lessee, otherwise it will be bought by the highest bidder. [9]
The difference between "inquiry bidding method" and "inquiry bidding method" is that after the highest bid is generated, the auctioneer asks the priority person, if the priority person is willing to buy, the auctioneer asks the highest bidder whether he is willing to increase the price again, if not, the auction target is purchased by the priority person; If it expresses its willingness to increase the price, but the priority person is unwilling to increase the price, the highest bidder will buy it at a higher price; If both the highest bidder and the priority bidder express their willingness to increase the price, the existing bid will be taken as the starting price, and they will continue to bid until one of them quits.
You need to carefully ask the auctioneer in what form to auction before auctioning again ... generally, it is an inquiry auction!
4. it doesn't matter. Because in the auction process, the auctioneer should clearly inform all bidders that the auction object of the subject matter has the preemptive right, and the auctioneer should ask whether the preemptive right has been bought before the hammer falls. The preemptive right holder does not need to "increase the price" at the auction, but only indicates whether it has been bought with the highest bid. In addition, when the preemptive right holder accepts, but before the auctioneer drops the hammer, other bidders can continue to increase their prices until no one increases their prices.
In other words, your auction priority should be known to all auctioneers. Article 4 refers to the inquiry and bidding methods mentioned in Article 3.
I hope so much will help you, and 50 points is really not good!