From Sunday, regulations regarding the possibility of selling real estate by bailiff electronic auction came into force. The Ministry of Justice believes that the change will allow for the elimination of collusion between bidders and will ensure transparency and security of proceedings.
The new regulations stipulate, however, that for one year from their entry into force, “the choice of selling real estate by electronic auction is permissible if it is possible for technical reasons attributable to the court bailiff”.
The amendment to the Code of Civil Procedure concerning, inter alia, these issues were adopted at the end of May this year. Most of the amendments – concerning civil procedures – entered into force at the beginning of July. The only exception were the provisions relating to e-auctions of real estate, for which a three-month vacatio legis was set. Therefore, they formally entered into force on September 19.
Deputy Minister of Justice Michał Woś told PAP that “in recent years there has been an intensive process of computerization of the justice system”. “Already more than 30 percent of court proceedings are conducted remotely and e-auctions are another element of this process” – he stressed.
“E-auctions objectify and improve the activities of bailiffs. The system is prepared and will start on time. On the other hand, electronic auctions of movable property have shown that it was the expected tool. E-auctions of real estate are all the more expected, because each of us has heard about cases of purchase at bailiff auctions. real estate cheap and profitable only because there was little interest “- said Woś.
He also pointed out that “if Poles sell and buy their real estate on public portals, the more transparent should be the operation of state institutions and those who act on behalf of the state, such as bailiffs”.
According to the Ministry of Justice, creditors and debtors will gain after the change, because thanks to the simplified and remote form of bidding, the interest in auctions will increase. “This increase in transparency will certainly be beneficial for the entire system, for bailiffs, but the Poles will have the greatest benefit from it” – emphasized Woś.
The new regulations stipulate that the sale of real estate by electronic auction takes place at the request of the creditor and is carried out via the ICT system. The announcement on the sale of real estate by electronic auction is to be posted on the website of the National Council of Bailiffs (KRK) at least two weeks before the auction. In addition, along with the announcement, a protocol for the description and evaluation of the real estate is included. “The bailiff appoints the electronic auction in such a way that both the start and end dates of the auction fall between 9 am and 2 pm on working days” – it was planned.
The duration of the tender is one week. The tender is won by the bidder whose offer was the highest at the end of the tender. The order to nail is made by court within one week from the date of receipt from the court bailiff of the tender procedure protocol and the documents necessary to grant the award.
The change is an extension of the existing electronic bidding system. Earlier, the KRK website – elicytacje.komornik.pl – conducted electronic auctions of movable property, e.g. cars. The regulations providing for such a possibility entered into force in 2017. E-auctions of real estate were also possible, but only in the so-called simplified procedure – they could refer to undeveloped land or incomplete facilities without an occupancy permit.
“The change will reach a wider circle of interested parties and will facilitate auctions. Access to the portal is easier than following the announcements on other websites, you will not even have to go to court” – Piotr Sikorski, spokesman for the Chamber of Bailiffs in Katowice, assessed in an interview with PAP.
As he added, the existing electronic auctions of real estate in a simplified procedure were rather rare. However, he made a reservation that “life will show how the new solution will work”. He also pointed out that there are currently regulations related to the coronavirus pandemic that limit the possibilities of auctioning on real estate. (PAP)
author: Marcin Jabłoński
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