New rules of auction house in 2022
1. Article 1 of the Regulations clearly points out that the people's court shall not allow the judicial auction of real estate organized by the people's court if the bidder subject to the purchase restriction policy at the place where the real estate is located applies to participate in the auction. This means that buyers who do not have the qualification to buy the houses where the property is being auctioned cannot participate in the house auction according to law, and the method of drilling the loopholes in the purchase restriction policy by buying houses according to law in the past will not work.
2. In addition, the "Regulations" also clearly pointed out that bidders who apply to participate in the auction should promise to be qualified to purchase houses and voluntarily bear the legal consequences; After the house auction is completed, the people's court shall examine the proof materials submitted by the buyer that have the qualification to purchase a house, and then issue a ruling on the transaction to the buyer.
3. At the same time, the "Regulations" also pointed out that the people's court will not support the auction if the parties who do not have the qualification to purchase houses request it.
What are the risks of the auction house and what should we pay attention to?
1. Risk of unclear property rights. First of all, it is necessary to confirm whether there are other creditors besides the first creditor. Because private lending cannot be inquired by state organs, if the original owner runs away due to debt problems, the bidder may be recovered by other creditors after moving in. Therefore, before the auction, we must know whether the house has debt problems and whether it has been mortgaged many times. , and be sure to verify the process of releasing mortgage and transfer in advance;
2. Risk of house defects. When auctioning a house, we usually simply describe the defects, while other problems existing in the house, such as haunted houses or quality problems that cannot be shown for the time being, are basically not explained. Therefore, friends who want to bid for this house need to see the house on the spot (geographical location, housing structure and ancillary facilities, practical use of the house, decoration, surrounding facilities, property services, water and electricity, community environment, etc.). );
3. The cost is not clear about the risk. Because the auction house will not disclose the transactions before the auction and the nature of the houses, such as inherited houses and commercial houses, the taxes and fees involved in the transfer of some houses are very high, so buyers must be fully prepared before bidding. It is also possible that the original owner defaulted on property fees, utilities and so on. Require the buyer to bear the expenses owed by the original owner;
4. There is a risk that the lease cannot be checked in. At the beginning, there was no legal auction house to rent, but at the time of transfer, tenants with 10 and 20-year lease contracts suddenly refused to vacate the house. Or if there are old people and children in the house photographed by the buyer, it is impossible for the buyer to move out.
Legal basis:
Provisions of the Supreme People's Court on Several Issues Concerning the Qualification of Bidders in Judicial Auction of Real Estate by People's Courts
Article 1 The people's court shall not allow the judicial auction of real estate organized by the people's court if the bidders who are bound by the purchase restriction policy at the place where the real estate is located apply to participate in the auction.
Article 2 When the people's court organizes a judicial auction of real estate, the auction announcement issued shall specify that the bidder must have the qualification to purchase a house and the corresponding legal consequences. Bidders who apply to participate in the auction shall promise to be qualified to purchase houses and voluntarily bear the legal consequences.
Article 3 The people's court shall, after the judicial auction of real estate transactions is over and before the transaction ruling is issued to the buyer, examine the certification materials submitted by the buyer from the date of applying for participation in the auction to the date of issuing the transaction ruling; After examination, the buyer does not meet the qualification conditions for continuous house purchase, and the people's court will not allow the buyer to issue an auction ruling.
Article 4 The people's court shall support the buyer's fictitious qualification to buy a house to participate in the judicial auction of real estate and to conclude the transaction by auction, claiming that the auction is invalid on the grounds of violating public order and good customs.
According to the provisions of the preceding paragraph, if the buyer's fictitious qualification for purchasing a house causes the auction to be invalid, he shall be liable for compensation according to law.
Article 5 The people's court shall not support the judicial auction of immovable property that cannot be disposed of normally, such as auction, if the parties who are not qualified to buy a house, such as the applicant executor, request to pay off their debts with the house.
Article 6 In the judicial auction of real estate organized by the people's court, if the bidder fictionalizes the qualification of buying a house or the parties collude maliciously, infringe upon the legitimate rights and interests of others or evade the obligations stipulated in legal documents, the people's court shall impose fines and detention according to the seriousness of the case; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 7 Except for the circumstances specified in the preceding six articles, the relevant provisions of the Provisions of the Supreme People's Court on Several Issues Concerning Online Judicial Auction of People's Courts, the Provisions of the Supreme People's Court on Auction and Sale of Property in Civil Execution of People's Courts and the Interpretation of the Supreme People's Court on the Application of People's Republic of China (PRC) Civil Procedure Law shall apply to other matters concerning judicial auction of real estate by people's courts.
Article 8 These Provisions shall apply mutatis mutandis to the people's courts in organizing judicial activities to sell real estate.
Article 9 These Provisions shall come into force from June+10 +2022 10.