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Bidders

Who and how to participate

Any person who has the capacity to act in accordance with the law and who is not impeded or restricted by law may participate as a bidder, provided that he or she identifies himself or herself adequately. That is, non-incapacitated adults and emancipated minors may participate as bidders.

They may act on their own or through a representative.

The following cannot be bidders:

  • the staff assigned to the competent collection body

  • The appraisers

  • the custodians of the goods

  • officials directly involved in the enforcement procedure.

  • and whoever has a legal impediment or restriction

First of all, must register on the BOE auction portal ( https://subastas.boe.es .), being necessary to have:

  • Qualified electronic certificate for a natural person or being a user of the Cl@ve system (which has been obtained in person or with an electronic certificate)

  • an e-mail address

  • a mobile phone.

 

Only natural persons may register on the auction portal.

Once registered, the bidder must log in and select the auction in which he/she wishes to participate.

The bidder must make a mandatory deposit of 5% of the auction rate when the goods or lots he wishes to bid on are real estate, or a deposit of 10% of the auction rate when the goods or lots he wishes to bid on are exclusively movable property. The user must provide the IBAN code of the account in which the deposit is to be made, which must meet the following conditions:

  • Belong to one of the credit institutions that collaborate with the Tax Agency.

  • The account holder must be the same as the Auction Portal user who will make the deposit and bids. Joint accounts that require authorization from more than one account holder to carry out operations cannot be used.

  • If the account holder is a legal entity, the Auction Portal user who will make the deposit and the bids must be the account representative, who can act without the need for a joint signature.

 

Once the deposit has been made, the user will access the bidding screen where they can the bid they want. On this screen, the user will find the value of their best bid and the highest bid placed for the auction, as well as the time remaining until the end of the bidding period. Bids will be sent electronically through secure communications systems to the Portal, which will return a guaranteed technical acknowledgement with an electronic seal indicating the exact time of receipt of the bid and its amount. At that moment, the bid will be published electronically and the bidder who has been outbid will be notified of this circumstance by the system.

Bids for amounts greater than, equal to or less than the highest bid already placed will be admissible. In the event that there are bids for the same amount, the one that came first will be preferred.

It must be indicated whether the bid is made in one's own name, under a community property regime or on behalf of a third party (natural person or legal entity).

When bidding, the bidder must declare whether he or she wishes his or her deposit to be reserved in case the highest bidder at the auction does not pay the remainder of the award price within the established period. In any case, when the bidder makes a bid lower than or equal to the highest offer existing up to that moment, the deposit will be reserved under the terms provided in this section.

 

The successful bidder will have a period of 15 days from notification of the award to pay the remainder of the price. In the case of real estate, the successful bidder may expressly request, within 5 days of notification of the award, the granting of a public deed of sale of the property. In this case, you must make an additional payment of 5% of the auction price of the property within the aforementioned 5-day period.

The amounts deposited by other bidders will be returned once the auction has ended, except for those with a reserve bid, in which case they will be returned once the successful bidder has paid.

If the successful bidder does not make the payment will lose the amount of the deposit, which will be applied to the cancellation of the debts, without prejudice to the liability that may be incurred for any damages caused. The Board may also decide whether to award the asset to the bidder with the highest bid and a reserve bid, in accordance with the award rules established in the regulations.