May 1, 2018 marks the introduction of an entirely new law governing the process of public property sales. This law is expected to further enhance the accessibility of this increasingly popular practice. Let’s take a closer look.
Speed and Right of Overbid
In the context of public sales, there is what is commonly known as the right of overbid. In practice, this means that the adjudication1 is only final if no interested party, whether present or not at the single session, submits a bid that’s at least 10% higher within 15 days.
Starting May 1, 2018, the right of overbid will no longer apply to judicial sales or amicable sales in judicial form. It will only apply to voluntary public sales.
This change is expected to speed up the sales procedures.
Adjudication and Mortgage Credit
Currently, in the realm of public sales, there is no suspensive condition for obtaining a mortgage loan in the case of a purchase. This means that if a buyer is awarded the property following their bid, it is not foreseen that they can withdraw if their mortgage credit is not granted.
From May 1, 2018, the specifications prepared by the notary may provide, upon request, that the adjudication takes place under the suspensive condition of obtaining financing. This measure is expected to benefit many prospective buyers!
Online Bidding
Soon, it will also be possible to bid from your couch without needing to move a finger! Indeed, in the course of May, an interactive sales platform will be made available, allowing for the organization of so-called dematerialized public sales.
To find out everything that will change as of May 1, 2018, click here.
1Adjudication: “The awarding of a property put up for auction by the judge or the ministerial officer who conducts the sale.” (Source: Larousse).
