Public Contractors at the National Revenue Agency organize public sales of assets belonging to state debtors. Often these are real estate, cars and other equipment. Here, as with other types of public sales, there is a real opportunity to achieve low, sub-market real estate prices. The auctions of the NRA are an ideal opportunity to buy a property at a bargain price, following a strictly regulated procedure in the TIPC.
In the bidding process, participants may submit their proposals both to the registry office of the respective territorial directorate (TD) / NRA office and to send them by post. This type of auction allows for full participation, apart from the fact that offers can be submitted by mail, it is not necessarily the presence of the participants when opening and ranking, which saves time.
Anyone may also participate in the auction by means of a proxy, the latter needing to provide a power of attorney with a notarized signature of the authorizing officer, explicitly authorized to participate in a particular public sale through a bidding auction on behalf of and at the expense of the authorizing officer.
The rules for participation in a bidding auction are as follows:
After informing about the time limits for the submission of the offers and importing a deposit (20% of the original bid price) for the respective item or group of items into the specified account, the bidder in the auction shall submit to the TD / office of the National Revenue Agency (NRA) or send its proposals in a sealed, opaque envelope.
The tender notice may also contain additional participation requirements (complying with the requirements of the special laws on the acquisition, possession and sale of the goods sold) as well as the submission of additional documents to be attached to the proposal (eg licenses, permits, etc.). They shall be placed in the envelope duly endorsed with “true to the original”, signature and stamp of the participant or of the person authorized to participate in the auction.
Proposals that do not contain the mandatory requisites of the envelope and the proposal, as well as those submitted by persons who are not allowed to participate in the sale, are irregular.
Proposals received after the expiry of the deadline for acceptance shall be void.
The offer that has been received by the end of the opening hours of the appointing authority on the day preceding the announced opening day is considered to be valid, provided that the postmark at the submission station has a date not later than the specified end date for submission of proposals.
By the announced deadline for submitting proposals, the offeror may withdraw his proposal in writing, with the letter attached to the minutes. The proposal returns to the sealed envelope. The envelope shall bear the inscription: “Letter withdrawn by letter and date”, the signatory of the sale and the date. A new proposal may be submitted after the original one has been withdrawn, provided that the deadline is met.
In the bidding procedure, each bidder may make only one bidding offer for the same thing or group of items.
In the event that the person has submitted otherwise before withdrawing the original proposal, the second proposal will be declared irregular if the proposals are opened by the auctioneer, even if the initial proposal is irregular on another ground.
How is a bidding auction conducted?
Proposals are dealt with at the place and time at which tenderers, their legal or authorized representatives may be present. A member of the Commission checks the identity of the participants entitled to attend the auction site, then introduces them to the conditions for participation and proceeds with the examination of the proposals in the order of their submission. Reports the serial number, the date of receipt, or the postmark date when the offer was received by mail and verifies the validity and regularity of the offers. The auctioneer checks the validity and regularity of the offers. Irregular offers that do not meet the requirements of Art. 251, para 2 and para. 3 of the TIPC as well as the proposals submitted by persons who do not have the right to participate in the tender shall be considered invalid and shall not be admitted to the auction. All actions of the auctioneer shall be recorded in a record, in which the tender number of the item, the price, the number of the participant admitted to participation in the tender, as well as those not admitted to participation shall be recorded, indicating the specific ground, etc.
The Commission shall rank the price proposals in descending order of the proposed price (from the highest to the lowest price offered). Once the full list of offers has been exhausted, the auctioneer announces the winner of the tender offering the highest price and the next two best offers. In cases where the declared bidder is not present at the auction, the auctioneer will notify it by sending an e-mail to the e-mail address specified by the auctioneer. The buyer is required to pay the remainder of the amount after deduction of the deposit deposited within the statutory seven-day period. If he / she does not pay within the time limit (as of his notification), he / she is deemed to have refused to buy the item, with the deposit being deposited. A protocol shall be drawn up announcing the next highest bidder who has offered the next highest price and sent an electronic message to an e-mail address specified by him / her which shall be deemed to have been served with expiration of 3 days from his / her dispatch and thus until the full list is exhausted.
What action can be taken by a buyer who has acquired property through a public sale, which is subject to subsequent precautionary measures under the CPC?
In the event that the property acquired through public sale has been imposed with precautionary measures (seizure or foreclosure) under the procedure of the Civil Procedure Code (CPC), following the seizure / seizure of the TSPC, the initiative for their lifting or deletion is the buyer. The request for revocation of the measures shall be deposited by the buyer with the respective private or state enforcement agent, the costs related to the cancellation of the security measures imposed by the CPC shall be borne by the buyer.
If you want to buy a real estate from a public executor of NRA, send us a request with the parameters you want and we will find the best offers for you.
