As of Sunday, the regulations regarding the possibility of selling real estate by electronic auction of the minutes came into force. The Ministry of Justice believes that the change will allow for the elimination of collusion between bidders and will ensure the transparency and security of procedures.
The new regulations, however, state that for a period of one year from their entry into force, “the sale of real estate by electronic auction may be chosen if this is possible for technical reasons attributable to the bailiff.”
Amendment of the Civil Procedure Code with respect to, inter alia: These cases were adopted at the end of May this year. Most of the amendments – related to civil procedures – entered into force at the beginning of July. The exception was the provisions on electronic real estate auctions, the legislation of which was set for a period of three months. Therefore, it officially entered into force on September 19.
“In recent years there has been an extensive process of computerizing the justice system,” Deputy Justice Minister Michai Wu told PAP. He stressed that “more than 30 percent of court procedures are conducted remotely and electronic auctions are another element in this process.”
“Electronic auctions are embodying and optimizing the activities of the bailiffs. The system is ready and will start on time. On the other hand, electronic auctions of movable property have shown that they have been the expected tool. Electronic real estate auctions are all the more predictable, because every one of us has heard about cases of buying in auctions Bailiff. Real estate is cheap and profitable only because there is little interest, ”- said Woś.
He also noted that “if the Poles sell and buy their real estate at the public gates, then the work of state institutions and those who act on behalf of the state like bailiffs should be more transparent.”
According to the Ministry of Justice, creditors and debtors will gain after the change, because thanks to the simplified and remote tender form, interest in auctions will increase. “This increase in transparency will certainly be beneficial to the whole system, to the bailiffs, but the Poles will have the most benefit from it” – emphasized Woś.
The new regulations stipulate that the sale of real estate by electronic auction is at the request of the creditor and is carried out through the information and communication technology system. The announcement of the sale of real estate by electronic auction will be posted on the website of the National Council of Debt Setters (KRK) at least two weeks before the auction. In addition, along with the advertisement, a protocol for the description and evaluation of real estate is included. “The warden sets the electronic auction so that the start and end date of the auction falls between 9 am and 2 pm on working days” – it was planned.
Bidding period is one week. The bidder won the bid that had the highest bid at the end of the bid. Arrange the nail by Tennis Court Within one week from the date of receiving the court minutes to report the tender procedures and the documents necessary for awarding.
The change is an extension of the current electronic bidding system. Earlier, the KRK website – elicytacje.komornik.pl – conducted electronic auctions of movable property, such as cars. Regulations providing for such a possibility came into force in 2017. Electronic auctions of real estate were also possible, but only in the so-called simplified procedure – they could apply for undeveloped land or unfinished facilities without an occupancy permit.
“The change will reach a wider circle of interested parties and facilitate auctions. Accessing the portal is easier than following ads on other websites, and you don’t even have to go to court” – Peter Sikorsky, spokesperson for the Bailiffs Chamber in Katowice, evaluated in an interview with PAP.
As he added, the current electronic auctions of real estate in a simplified mode were rather rare. However, he had a reservation that “life will show how the new solution will work”. He pointed out that there are currently regulations related to the Corona virus pandemic that limit the possibilities of bidding on real estate. (PAP)
Author: Marcin Jabłoński
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