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1. Confiscation of security deposits.
According to the relevant judicial auction regulations of the court, if the buyer regrets the auction after the auction is concluded, the deposit paid will not be refunded, and the full amount will be confiscated, regardless of the amount. At the same time, the property will continue to be auctioned.
2. It is not allowed to participate in the re-bidding of the repented lots.
According to the relevant judicial auction regulations of the court, "if the auction is re-auctioned after regret, the original buyer shall not participate in the bidding", in view of the fact that the original buyer has already committed dishonest acts, we can no longer trust him, and in order to ensure the smooth execution of the case, it is inevitable to deprive the original buyer of the opportunity to participate in the re-bidding.
3. Detained.
If a buyer who is more extreme and bids in bad faith and repents of the auction, seriously obstructing the court's enforcement work, the court will make a decision to take him into judicial custody.
According to the provisions of the people's courts on online judicial auctions, an application for revocation of the judicial auction may be made when the following circumstances occur:
1. The buyer has a major misunderstanding due to serious inaccuracies in the textual description, display or defects of the auctioned property, and the purpose of the purchase cannot be realized, except where the technical level at the time of the auction cannot be discovered or the relevant defects and responsibilities have been publicly explained.
2. The auction result is wrong due to system failure, virus incursion, hacker attack, data error, etc., which seriously damages the interests of the parties or other bidders.
3. Malicious collusion between bidders, between bidders and online judicial auction service providers, harming the interests of the parties or other bidders.
4. The buyer does not possess the bidding qualifications stipulated by laws, administrative regulations and judicial interpretations.
5. Illegally restricting bidders from participating in bidding or stipulating different bidding conditions for bidders who enjoy the same rights.
6. Other situations that seriously violate the online judicial auction procedures and harm the interests of the parties or bidders.
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If the buyer fails to pay the balance of the house in full and in a timely manner in accordance with the requirements of the bidding instructions in the auction announcement, the court may order a new auction and the buyer shall pay the security deposit.
If it is not returned, the original buyer shall not participate in the bidding at the time of the re-auction.
After the re-auction, the price difference and losses caused by the house price being lower than the original auction price shall be borne by the original buyer, and the deposit paid by the original buyer shall not be returned, and if the deposit is insufficient to pay the price difference and the loss of expenses, the court may order the original buyer to make up the payment, and the court may enforce it if it refuses to make up the payment.
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It will lead to the confiscation of the security deposit, and the deposit after the regret will be used to pay the costs incurred in the auction, make up for the difference between the re-auction price and the original price, and offset the debts of the person subject to enforcement in this case. In addition to the non-refundable deposit, the court will also reprimand the repentant. If it is found to be a malicious repentance, the relevant person may be detained and fined in accordance with the law.
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Legal analysis: the first auction is not out, the auction will be renewed within 60 days, the second auction is still not sold, the house will be handed over to the applicant for execution or other enforcement creditors to pay off the debt, if the applicant for execution or the creditor is unwilling, the house will be auctioned for the third time within 60 days, if it still fails and the creditor is unwilling to accept it as a debt payment, the court will issue a sale announcement, if there is still no one to care, and then the applicant for execution is still unwilling to accept the debt, then the seizure will be lifted, Return the house to the person subject to execution.
Legal basis: Provisions of the Supreme People's Court on the Auction and Sale of Property in Civil Enforcement by the People's Courts
Article 26 Where there is no bidder at the time of the auction or the highest price of the bidder is lower than the reserve price, and the applicant for enforcement or other enforcement creditors present at the auction do not apply to pay off the debts at the reserve price set in the auction, the auction shall be held again within 60 days.
Article 28: The people's court may, in accordance with the provisions of Article 19 of these Provisions, hand over the immovable property or other property rights that are still unsold in the second auction to the person applying for enforcement or other enforcement creditors to pay off debts. If the applicant for enforcement or other enforcement creditors refuse to accept or fail to deliver their debts in accordance with law, the third auction shall be conducted within 60 days.
If the third auction fails and the applicant for enforcement or other enforcement creditor refuses to accept or cannot accept the immovable property or other property rights for repayment in accordance with law, the people's court shall issue a notice of sale within 7 days from the date of the conclusion of the third auction. If no buyer is willing to buy the property at the reserve price of the third auction within 60 days from the date of the announcement, and the applicant for enforcement or other enforcement creditors still do not express their acceptance of the property for debt payment, the sealing or freezing shall be lifted and the property shall be returned to the person subject to enforcement, except where other enforcement measures may be taken against the property.
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Summary. If the second auction is not successful, the auction party can negotiate with the executed party to repay the house.
If the second auction is not successful, it is still a failed auction, and the auctioneer can negotiate with the executed party to repay the house.
If the applicant for execution is unwilling, it will be sold, and no one buys it, and then the applicant for execution is still unwilling to accept the debt, then the seizure will be lifted and the house will be returned to the person subject to enforcement.
If the real estate court cannot be auctioned, the applicant for enforcement can accept the real estate at the reserve price, and can directly obtain the real estate to pay off the debt.
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The method of the auction house cannot be auctioned out by the court, and the property cannot be auctioned out three times, and it enters the 60-day sale period. If the first auction fails, the second auction can be auctioned at a reduced price, and the third auction can be auctioned at a reduced price, and the price reduction cannot exceed 20% each time. If the auction fails to go out three times, there will be a 60-day liquidation period, and if the sale is unsuccessful, the court will contact the creditor's rights and negotiate with the debtor to deal with it.
The specific auction process is as follows: 1. Go to the housing authority to seal and seize the property rights of the person subject to enforcement; 2. Entrust an appraisal agency to carry out ** appraisal of the value of the house; 3. After the appraisal results are out, the auction reserve price will be determined according to the appraisal report; 4. Appoint an auction agency to auction the house. Auctions are mobilized and executed by auction agencies; 5. If there is no bidding or the auction is unsuccessful, the court can reduce the reserve price of the first auction by 10% to 20%, and appoint an auction company to carry out the auction for the second time; 6. If the auction is concluded, the court shall make a ruling to clarify the legal effect of the auction result; 7. If the second auction still fails, the court can lower the price on this basis.
A maximum of three auctions can be held for the auction of the house.
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Hello, first of all, if you want to regret the foreclosure of the auction, you need to know your rights and obligations, as well as the steps you can take. According to Article 68 of the Auction Law of the People's Republic of China, the auctioneer may withdraw the auctioned item, but the condition for withdrawing the auctioned item is that the auctioned item is lower than its value, and the auctioneer has announced the right to withdraw the auctioned item in advance.
Therefore, if you want to regret auctioning a property, you need to check whether the auction item is lower than its price rebate value, and whether the auctioneer has announced in advance the right to withdraw the auction item. If the above conditions are met, you can apply to the auctioneer to withdraw the sale of the item. In addition, you can also file a complaint with your local auction agency for further assistance.
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If the reserve price is not reached in the first auction, the auction shall be continued, and the reserve price of each auction shall not be less than 90% of the previous reserve price. If the transaction cannot be concluded after three auctions, the people's court shall compensate the creditor at a discount from the reserve price of the third auction. A foreclosure house is a house that has been sold by the court by compulsory auction, and the creditor applies to the court for compulsory enforcement, auctioning the house in the name of the debtor, and repaying the creditor's rights with the proceeds of the auction.
Full text of the provisions on the sale of property by the court" Article 8 The reserve price shall be determined at auction. The auction reserve price shall be determined by the people's court with reference to the appraisal price; If no appraisal is made, it shall be determined with reference to the market price, and the opinions of the relevant parties shall be consulted. The reserve price determined by the people's court shall not be less than 80% of the appraisal price or market price at the time of the first auction; In the event of an unsuccessful auction, the reserve price may be lowered at its discretion when the auction is held, but the amount of each reduction shall not exceed 20% of the previous reserve price.
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