SPECIFIC TERMS AND CONDITIONS
Auction Duration
Viewing Conditions:
For visit bookings and more details: info@gobidreal.it – Tel +39 02 86882269
Security Deposit
The auction is subject to a security deposit of EUR.
The deposit must be paid via bank transfer to the following bank account:
Validity of These Conditions
These conditions apply in conjunction with the sale conditions published in the relevant auction listing. In case of discrepancies, these specific conditions shall prevail.
Documentation and Lot Availability
The documentation related to the interested lots is published online.
Additional documentation concerning the assets will be made available to each interested party upon request to the email address gobidreal@pec.it and upon signing a confidentiality agreement.
Therefore, it is the responsibility of each awardee to conduct an adequate preliminary legal and technical assessment regarding the concerned real estate portions, including checks on their actual, maintenance, and legal status, even through specific viewing of the concerned lots.
Terms and Conditions of Sale
At the end of the auction, the winning bidder must sign an irrevocable purchase offer pursuant to and for the purposes of Article 1329 of the Civil Code, under the conditions reported therein. The signed offer, if accepted by the Property, will serve as a preliminary purchase contract, and the interested party may proceed with its registration, at their own expense.
The concerned lots are sold by body and not by measure, even derogating from the provisions of Article 1538 of the Civil Code (thus ignoring any differences between the actual measurements of the real estate portions and their respective consistencies as inferred from cadastral results or any plans), in their actual, legal, maintenance, and consistency status in which the real estate portions – and their related systems – currently are. This includes all annexes, dependencies, easements (both active and passive, apparent and non-apparent), and in their current urban-administrative, concessionary, authorizational, building, cadastral, and maintenance status.
It is the bidder's responsibility to carefully review the documentation attached to the auction listing and/or made available by Gobid Group and to conduct a suitable prior assessment concerning the assets being bid on.
Therefore, with the submission of the bid, the bidder declares to be aware of and accept the real estate portions being bid on, having previously consulted the related documentation, having independently carried out their due diligence, and being fully satisfied with the results of the due diligence carried out. Consequently, the bidder releases the Property from any liability, even in terms of risk, for any cost, loss, burden, or expense that may arise concerning the real estate portions after the signing of the Sale Contract (as defined below), even if related to pre-existing and unknown events and circumstances.
The sale of the real estate portions and their related systems will take place with the exclusion of any guarantee by the Property, which will not provide at the time of the signing of the Sale Contract the warranties under Articles 1490 and 1497 of the Civil Code. In particular, the Property will not provide any warranty regarding the compliance of electrical, heating, and air conditioning systems, elevators, and all other systems with safety regulations, accident prevention, and fire prevention laws, or the obtaining of all prescribed tests, certifications, authorizations, and occupancy and fire prevention certificates.
The Property will exclusively provide the guarantees related to the full ownership of the real estate portions and will make the legally required declarations in the Sale Contract. In particular, the Property will not provide any guarantee or commitment concerning the possible development of the real estate portions, with the bidder assuming all risks and burdens regarding any restructuring and/or redevelopment projects to be carried out on the real estate portions.
If there are mortgages and rent assignments, they will be canceled and/or released by the Property at their expense, limited to the real estate portions, at the same time (same day) as the signing of the Sale Contract, after the full payment of the entire Price. To this end, the bidder declares to be aware of and accept that the Property will use the Sale Price as the fund for the cancellation and/or release of any existing mortgages and rent assignments on the real estate portions. The payment of the balance in case of awarding will be made within the timeframe and in the manner that allows the Property to proceed with such cancellation at the same time as the signing of the Sale Contract.
The Property will not assume any responsibility regarding the release of real estate portions occupied without title or for which legal proceedings are in progress, with the bidder waiving any claim against the Property in this regard. Therefore, upon signing the Sale Contract, the bidder will assume the Fund's position in situations of occupation without title and, by law, as the lessor in ongoing lease contracts pursuant to Article 1602 of the Civil Code.
Regarding the potential presence of polluting and/or polluted materials that may be found within the real estate portions and/or in the subsoil, the bidder will assume all related costs of remediation, disposal, securing, or any other action required by current regulations.
Regarding amnesty and/or building regularization practices, the bidder acknowledges and accepts that the Property will not assume any responsibility for the outcome of such practices, waiving any claim against the Fund, even in case of rejection of the amnesty and/or regularization applications and/or if required to restore, even partially, the status quo of the real estate portions. The bidder assumes all risks and burdens related to the outcome of the regularization practices.
The bidder will be required to fully accept the content of the Condominium and Supercondominium/consortium regulations, if applicable.
Regarding condominium expenses, the bidder acknowledges the existence of a special condominium fund established by the Property pursuant to Article 1135 of the Civil Code and, once becoming the owner of the real estate portions, undertakes to deliberate the use of such funds in accordance with the purposes identified in the aforementioned Article 1135. In this regard, the bidder acknowledges and accepts, committing to indemnify and hold the Property harmless:
For leased real estate portions, where the right of first refusal is provided by law for the current tenant, the award will be conditional upon the express waiver of the right of first refusal by the tenant, to be exercised within 60 days from the notice of the auction award to the highest bidder.
Terms and Conditions of the Offer
The submission of an offer in accordance with these sale conditions is deemed irrevocable for 120 days. At the end of the auction, the highest bidder will be required to sign an irrevocable Purchase Offer as stated above.
The Property reserves the right to accept or reject the submitted Offer at its sole discretion, without anything being opposed or requested by the bidder to the Property and/or Gobid Group, even as a reimbursement, indemnity, or compensation, in case of non-acceptance. After the stated period, if the Offer is not accepted, it will be considered expired and void.
In case of non-acceptance of the offer, the paid security deposit will be refunded, without interest.
Payment Deadline
The lots awarded to the user must be paid in full within 30 days of the acceptance of the irrevocable Purchase Offer and, in any case, no later than the date set for the transfer of ownership.
The expenses related to the sale (fiscal and non-fiscal charges, legal taxes, notarial fees) to be borne by the buyer must be paid within the specified terms.
The due Buyer’s Premium must be paid by the date agreed upon for the notarial deed.
Transfer of Ownership
Upon acceptance of the Offer, the ownership will be transferred through a notarial deed executed at a Notary identified by the Property and according to the timeframe defined by the Property. The resulting charges from the sale, including notarial fees, are to be borne by the Winning Bidder.
Management of Security Deposit
Upon acceptance of the Offer, the Agent will make the paid security deposit available to the Mandator, to be accounted towards the awarded price as a confirmatory deposit.
If, following the acceptance of the offer by the Property, the sale is not concluded due to reasons attributable to the Winning Bidder, the security deposit will be retained as a penalty.
For non-winning bidders, the security deposit will be refunded, without interest, within 20 working days from the end of the auction.
Gobid Fee
Buyer’s Premium: A percentage fee + VAT will be charged to the winning bidder, added to the awarded price of each lot.
The aforementioned percentage fee will be applied according to the following table:
|
BUYER'S PREMIUM SCALE |
|||
|
from - to |
€ 0,00 |
€ 50.000,00 |
6% |
|
from - to |
€ 50.001,00 |
€ 100.000,00 |
5% |
|
from - to |
€ 100.001,00 |
€ 300.000,00 |
4% |
|
Beyond |
€ 300.000,00 |
3% |
|
The calculation base for the Buyer’s Premium is divided into various tiers, each of which corresponds to a decreasing percentage as the tiers increase.
For each awarded price, the corresponding Buyer’s Premium will be given by the sum of the commissions calculated on each respective tier, as shown in the table above.
It should be noted that an essential condition for the signing of the sale deed is the payment of the Buyer’s Premium, plus VAT, as indicated above. Therefore, the winning bidder is required to make the payment due to Gobid Group immediately before or at the same time as the signing of the sale deed.
In case of any disputes regarding the interpretation of the provisions contained in the general and specific conditions reported on the platform, possibly translated into other languages, the Italian version of the text shall prevail.
Gobid.it is a registered trademark by: GOBID INTERNATIONAL AUCTION GROUP SRL
Head Office: Via P.O.Vigliani, 19 - 20148 Milano (MI)
Operating Headquarters: Via Merloni, 17/U - 62024 Matelica (MC)
tel: 0039.02.86882269 - fax: 0039.0737.786198 - email: info@gobid.it