Auction ruling

Legal analysis: in the auction process, when there is the highest bid, the preemptive right holder can buy at the highest price, and if there is no higher bid, it will be recovered to the preemptive right holder; If there is a higher bid, but the preemptive right holder does not express it, it will be auctioned to the bidder with the highest bid.

If multiple preemptive rights holders in the same order express their acceptance at the same time, the buyer shall be determined by drawing lots.

Legal basis: Provisions of the Supreme People's Court on Auction and Sale of Property in Civil Execution by People's Courts.

Thirteenth auction of immovable property, other property rights or movable property with high value, the bidder shall pay a deposit to the people's court in advance before the auction. If the applicant for enforcement participates in the bidding, the deposit may not be paid in advance. The amount of the deposit shall be determined by the people's court, but it shall not be less than 5% of the evaluation price or market price.

Those who should pay the deposit in advance and fail to pay it shall not participate in the bidding. After the auction is completed, the deposit paid in advance by the buyer will offset the price, and the deposit paid in advance by other bidders will be refunded within three days; If the auction is not completed, the deposit shall be returned to the bidder within three days.

Fifteenth laws and administrative regulations have special provisions on the qualifications or conditions of the buyer, the bidder shall have the prescribed qualifications or conditions. The application executor and the person subjected to execution may participate in the bidding.