Change of regulations on e-auctions of bailiffs. From Sunday, you can also sell an apartment via the Internet, which is an extension of the existing electronic bidding system – previously, auctions of this type of movable property, for example cars, were conducted. According to the representatives of the Ministry of Justice, the regulations will contribute to the elimination of collusion between bidders and will ensure transparency and security of proceedings.
The new regulations stipulate that for one year from their entry into force, “the choice to sell real estate by electronic auction is allowed, if it is possible for technical reasons attributable to the court bailiff”.
E-bailiff auctions. Michał Woś: the system will start on time
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 exception was 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.
– 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 already shown that it was the expected tool. The more e-auctions of real estate are expected, because each of us has heard about cases of buying real estate at bailiff auctions cheaply and advantageously only because there was little interest – said Deputy Minister of Justice Michał 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 benefit from 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.
E-bailiff auctions. New recipes
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.
E-auctions of cars
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 ensure reaching a wider circle of interested parties and facilitate auctions. Access to the portal is easier than following the announcements on other websites, you will not even have to go to court – said the press spokesman of the Chamber of Bailiffs in Katowice, Piotr Sikorski.
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 pandemic laws in place that limit the possibilities of auctioning real estate.