13209: Land in Andratx - Balearic Islands - Spain - Bank. 567/2008 - Law Court N.1 Tarragona

SPECIFIC TERMS AND CONDITIONS

Auction timing: 

Starts: Tue 14/12/2021 at 15:00
Ends: Wed 19/01/2022 at 15:00

Viewing conditions:

Viewing time:

by appointment
 

All lots viewings must be booked. Please contact:
 
info@gobid.es – tel. +34.611.70.96.87

info@gobid.it - tel. +39.0737.782080


Payment condition: 

Deposit 

The present auction is subject to a specific deposit for each single lot.

 
The deposit must be paid through:
 
bank transfer to the following bank account:
 
MONTE PASCHI DI SIENA SPA
Fabriano Agency
 
IBAN: IT 43 K 01030 21100 000000414486
Swift/BIC: PASCITM1K07
 
headed to GOBID INTERNATIONAL AUCTION GROUP SRL
 
Reason: (auction number + lot number)
 
The deposit must be strictly credited before the end of the auction.
Once the deposit has been credited, the user will be authorized to participate in the auction.
To speed up participation in the auction, users are advised to send a scanned accounting copy of the payment with the CRO code to: info@gobid.es
 
The privileged creditors related to the real estate properties for sale in this auction are exempt from paying the deposit to participate in the auction of the lots on which they own the credit. To participate in the auction, they must send an email indicating their position and send the documentation required for participation, except for the accounting copy of the payment.
 
If the participants in the auction do not win any goods, the deposit will be returned within 20 working days from the end of the auction.
If, in the event of an award, after having paid the deposit, the bidder will not complete the purchase, said deposit will be retained.
 
In this case, the award will be attributed to the following best bidder who will have made an offer of an equal amount greater than the reserve price.
Fees
 
The sale of the Lots will take place without any burden and liens.
Despite this, all taxes and fees relating to the award of each lot that are legally applicable, will be borne by the successful tenderers, who will also have to pay the notary, registration and any other related costs with the award. In no case will the bankruptcy company bear any kind of expenses related to the award.
In addition, all suspended amounts that may exist relating to the taxes on real estate, the property fee, and all those taxes and expenses accrued and not paid which are imposed on the assets, which are applicable by law, will be borne by the buyer.
 
The order for the cancellation of charges will be issued only by the Court, once the effective accreditation of the transmission of the assets has been made by the Bankruptcy Trustee, and, in the case of assets subject to privileged credit, the payment to the privileged creditor.
 
The Bankruptcy Trustee will request the Court to cancel the charges and registrations of both foreclosures and deriving from the insolvency procedure, the cancellation costs will be borne by the successful tenderer.
 
 
Lots Awarding
 
At the end of the auction, in the event that the highest bid is equal to or greater than the reserve price, confirmation of the award will be sent to the highest bidder with instructions for making payments within the established terms.

Attention: The Curatorship reserves the right to communicate the offer to the Court for its approval. In this case, only once the offer has been approved, will the award confirmation be sent to the highest bidder with instructions on how to make payments within the deadline.

In the event that the offer does not reach the reserve price, the award must be approved by the Curatorship.
 
 
Participation process
 
To participate in the sale, the user must register on the www.gobid.es website, entering their personal data, requesting an auction registration, accepting its terms and conditions.
 
The data entered by the subject when registering on the site and at the auctions will be the same to which the award will eventually be attributed and to which the lots will be registered. All the required payments, before and after the sale, must be made by registered subjects. Any proxies or proxies may be taken into consideration with the authorization of the Principal.
 
The user must pay the security deposit requested by bank transfer to the bank account specified above.
 
 
The user is required to specify the auction number and the number of lots for which it is intended to participate and simultaneously send an accounting copy of the transfer made to the address info@gobid.es
 
The deposit must be strictly credited before the end of the auction.
 
In addition to crediting the security deposit, the user, in order to be authorized to participate in the auction, must provide the following documents by sending them to info@gobid.es
 
- IF A PHYSICAL PERSON:
 - Copy of a valid identity document of the person to whom the lot will be registered.
- If the tenderer is married under a legal partnership, the corresponding data of the spouse must also be indicated, with the sending of the relative copy of the identity document (document not binding for the purposes of authorization but required in the event of an award)
 
- IF COMPANY or ENTITIES:
- Certificate of the C.C.I.A.A. from which it results the establishment of the company and the powers conferred on the bidder
- Copy of a valid identity document of the administrator or legal representative
- Any duly legalized translation of the chamber certificate, if the company is not Spanish.
- Special power of attorney received or authenticated by the notary, in case of participation through a representative
 
The combined provision of the deposit, the formalization of the auction registration - with express acceptance of the general and specific conditions of sale, published online on www.gobid.es - and the sending by the user of all the documentation requested as support, as specified above, will be considered equivalent to an irrevocable offer to purchase at the price set as the auction base for each sale experiment and will itself constitute a binding purchase commitment on the part of the user.
 
Said offer will be formalized on the platform directly by the Agent by means of an online bet, on behalf of the first user who has completed the improvement procedure described above.
 
The Agent will take care to inform all bidders in any way of the fact that they are the best bidders or not when formalizing the abovementioned irrevocable purchase offer.
 
Raise formulation
 
The offer, formalized for the first bidder, may be exceeded by bets of a higher amount, made by any authorized user.
 
The user who wants to be the best bidder (and therefore provisional winner), must have formulated the highest bid at the end of the online auction.
 
Clearly, if there are multiple participants making bids on the auction price, the user recognized as the "first bidder" will also be able to contribute to the award of the lots by making bids on the current price.
 
In order to be able to win the lot (s) for sale, users will be invited to increase the price indicated in the auction (and, therefore, to make at least one raise) in the manner indicated in the general conditions.
 
 
Payment method
 
The Buyer's Premium payment must be made entirely by bank transfer using the specified details or upon registration or upon receipt by the user of the award communication (see general conditions).
 
Payment of the hammer price must be made entirely by bank transfer using the specified details or upon registration or upon receipt by the user of the hammer communication (see general conditions).
 
The successful tenderer will have to credit the bankrupt company account, which will be indicated when the award confirmation is sent, the total price of the whole together with any taxes, property transfer costs, notary writing and any cancellations from public records of charges o encumbrances, must be paid before the formalization of the public sale writing. Once all the amounts have been paid, the property will be transmitted by notarial writing, according to the procedures established by the Principal.
 
 
Payment deadline
 
The Buyer's Premium must be paid within 10 days of the award communication.
 
Payment of the hammer price must be credited within 20 days of the hammer communication.
 
 
Property transfer
 
The transfer of the property will take place through a notarial deed in the manner established by the Bankruptcy Curatorship, only after the full payment of the hammer price, the commission (Buyer's Premium) and the costs due. All costs must be assumed by the successful tenderer.
 
Lastly, the Principal will undertake to notify the Delegated Judge so that in turn he will cancel the prejudicial entries on the properties being sold. The cost of any cancellations will be borne by the successful tenderers.
 
In the event of failure to complete the transfer of ownership, the sale will be considered automatically resolved and the amount paid by the successful tenderer as Buyer's Premium will be retained as a compensation penalty.
 
 
Additional specific terms
 
Buyer's Premium:A charge of 5.00% + 22% VAT (where applicable) will be added to the hammer price of each lot.
The commission (Buyer's Premium) will be paid by the buyer or successful bidder, whether or not this is the privileged creditor.
 
 
Goods subject to preferential credits
 
The holder of the special privileged credit is given the option to transfer the award to a third.
 
In the event that the offer does not reach the reserve price, the Bankruptcy Trustee will inform the Privileged Creditor of the winning bid of the auction, so that, in a period of 10 natural days counting from the notification of the offer, the Creditor can communicate its compliance with the offer or, if not, present an additional offer. If the Preferred Creditor, during the established period, presents an improvement offer, the Curatorship will agree to open a private auction on the gobid.es web page among the bidders. This private auction will be limited exclusively to the winner of the auction or the privileged creditor or person designated by the auction, and will be managed according to the rules and uses of the entity entrusted with the auction, with the minimum selling price resulting from the best offer received from the last tenderer (special privileged creditor or person designated by him).
Once the private auction is over, the Bankruptcy Trustee will declare approved the best offer in favor of the highest bidder.
 
Once the privileged creditor, once communicated that he improves the offer and withdraws later, of the amount that should be credited to him for the payment of the privileged credit, the amount of the deposit that he would have to credit to make the offer in the case will be deducted. in which he had not been a privileged creditor.
 
If after the established period no improvement offer has been submitted by the privileged creditor, the Bankruptcy Curatorial Office will declare the best bid of the auction approved, having to contribute to the signature the creditor with special privilege for the cancellation of the registration or other charges, and receipt of the price up to the limit of the preferential credit.
 
In the event of incumplation of the cretidor with special privilege of the obligation envisaged previously, the cancellation of the special privilege and the other previous charges set up in favor of bankruptcy credits will be granted, in case, by the judge.
 
The privileged creditor, in the event of an award either by auction or by submitting an offer additional to the best offer received during the auction phase or in a private auction, will be obliged to pay the corresponding Buyer's Premium.
 
Award Taxes:VAT and/or all those taxes that are applicable according to the legislation and the successful tenderer will be applied.
 
Extra-Time:if a winning bid is made in the 5 minutes prior to the auction closing, the time to make another bid will be extended by an additional 5 minutes from the last bet received. So to the bitter end, for each winning bid received within 5 minutes of extratime, the time to make another offer will be extended by an additional 5 minutes from the last episode received. Automatic bids in case of maximum bid (proxy bid) will also be considered winning bids.
 
The lots are sold seen and liked in the state in which they are found. Viewing is recommended.
 
All costs generated by the sale will be borne by the successful tenderer, including withdrawal and handling costs, any costs of transfer of ownership, notary writing and any cancellation from any public register of the burdens on the specific asset.
 
The sale of the goods is intended to be forced and is ordered for the goods seen and liked in the state of fact and law in which they are located. In forced sale there is no guarantee for defects. It cannot be challenged due to damage.
 
Consequently, the existence of any defects or lack of quality or non-conformity of the thing sold cannot give rise to compensation, indemnity or price reduction.
 
Any liability borne by the Agent regarding the existence of third party rights on goods subject to sale is excluded.
 
The sale takes place with the obligation and responsibility of the successful tenderer to ascertain their compliance with the safety regulations.
 
Language
 
GOBID INTERNATIONAL AUCTION GROUP SRL declines any responsibility for any translation errors of the texts and material published online.

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