Cancellation of auctions for the sale of the debtor's property

The law provides that in some cases sales can only be carried out at auction. Bidding for the sale of debtors' property falls precisely into this category. They must take the form of an open auction, both in terms of the composition of participants and the form in which price proposals are submitted.

The process of selling property at auction looks like this:

1. The court makes a decision on debt collection and foreclosure on property (apartment, house, car, etc.);

2. The bailiff receives a writ of execution from the claimant and prepares the property for auction : arrests it, organizes storage, collects the necessary documents (property assessment report, information about the property - an extract from the Unified State Register, BTI documents, a cadastral passport, a copy of the certificate of ownership and etc.).

3. The bailiff transfers the application for bidding to the Federal Property Management Agency or its territorial bodies. The Federal Property Management Agency distributes submitted applications among accredited auction organizers.

4. The auction organizer places a notice of sale on the official website on the Internet www.torgi.gov.ru , as well as documents about the property being sold. The notice of bidding must include the date, time and place of the bidding; the procedure for submitting an application to participate in the auction, documents attached to the application, time to familiarize yourself with the documents on the property being sold.

At this stage, auction organizers very often commit violations of the auction procedure , for example:

— the notice does not indicate essential information about the property being sold;

— the notice contains contradictions about the time of filing applications (one thing is indicated at the beginning of the notice, another is indicated at the end);

— the deadline for submitting applications for participation in the auction is too short;

— it is not indicated where and how you can get acquainted with the tender documentation;

— there are clerical errors in the text of the notice (for example, an apartment with an area of 202.4 sq.m. appears as 20.24 sq.m.);

5. According to the law, the auction organizer is obliged to attract an electronic trading platform (ETP) , on which auctions take place in electronic form. To register on the ETP and take part in the auction, you must submit an application for registration on the ETP, provide your passport and receive an electronic digital signature. At the same time, it is necessary to pay a deposit for participation in the auction in the amount specified in the notice of auction.

At this stage, the auction organizer and the electronic trading platform specifically violate the law, for example:

— the registration period on the trading platform is too long and does not allow prompt registration;

— illegal commissions are charged for registration on the trading platform (which are limited only by the imagination of the ETP);

— the registration procedure consists of several steps, the deadlines for which are not specified or lead to an unreasonable delay in registration;

— ETP refuses registration on far-fetched pretexts, for example, an unclear scan of a passport, or the ETP account has not received funds for registration, or documents are allegedly not attached to the registration application, etc.

- the bidder is not allowed to participate in the auction - for a variety of reasons: the auction organizer “does not see” the amount of the deposit

Refusal to register on the electronic trading platform is grounds for cancellation of trading.

A systematic interpretation of legal norms indicates that it is the organizer of auctions for the sale of property who must ensure that the electronic trading platform operates correctly and does not allow violations. If a violation occurs, the auction organizer will be held accountable for it.

6. On the day of the auction, the auction organizer and the electronic trading platform must provide access to all bidders to the system for submitting price proposals .

If one of the participants cannot log in to the trading platform using their usual username and password, congratulations! - you most likely ended up at a “custom auction”. This means that someone has already “ordered” the property and the auction organizer (or an electronic trading platform) wants to sell it to its “customers”.

You can only prove that you are entering the correct password with the help of specialists. Therefore, if you have not taken care in advance to have your auctions supported by lawyers or experts, it will be very difficult to prove a violation and challenge the auction for the sale of property.

Another option for fraud at auctions is cases when, when submitting a price proposal, you suddenly see numbers that you did not put in. This is also a sign of fraudulent trading. Either the ETP does not show an increase after your bid, and after some time it turns out that your bid was exceeded and the person who raised the bid won the auction.

7. The auction organizer signs a tender protocol and a sales contract with the winning participant , after which the winner pays the full price of the property (the deposit is included in the cost of the contract).

8. The winning bidder signs the property acceptance certificate with the bailiff and receives the property “in kind”.

9 After the bidding, the winning bidder may find that the losing bidders, debtor, or creditor dispute the bidding; Also, the auction can be challenged by persons living in the apartment (if the apartment is sold at auction). Therefore, it is extremely important that the auction organizer, the bailiff, and the winning bidder correctly prepare all documents and conduct the auction in strict accordance with the law. If trades are cancelled, they will be rescheduled.

The company "Simonenko and Partners" provides the following legal services:

— cancellation of illegal auctions for the sale of debtors' property ;

— challenging the actions of the auction organizer ;

— challenging the actions of the electronic trading platform ;

— comprehensive support for participation in tenders .

You can find out the cost of services by calling: +7(495)410-21-05 , or by contacting us via the feedback form.

Related news:

Related questions:

1. Is it possible to reliably record the fact of non-admission to trading?

- Yes, you can. There are already modern means of recording that make it possible to record the fact that a bidder is not allowed to participate in the auction, which is a violation of the law and leads to the cancellation of the auction. However, it is necessary to prepare for such fixation in advance .

2. What is the deadline for canceling the auction?

— You can file a complaint with the FAS (Federal Antimonopoly Service) within 10 days from the date of the auction. If you do not meet this deadline, you can collect evidence and submit documents to the court at the location of the defendant organization (ETP or auction organizer). If you doubt the legality of auctions for the sale of real estate, you must file a lawsuit at the location of the property.

3. How to return property illegally sold at auction?

— To do this, when filing a claim in court, you must declare the use of interim measures, that is, the arrest and prohibition of any registration actions with the apartment. On the issue of taking interim measures, the court issues a separate ruling, which is sent to the Department of the Federal Service for State Registration, Cadastre and Cartography. In this case, even if the scammers want to “let the apartment go,” they will not be able to do so—registration will be suspended until the court makes a decision on the case.

4. How long does it take to sell property at auction?

— According to the law, if the bailiff does not violate the deadlines, the property is transferred to auction within a period of more than 3 months from the date of filing an application for the forced execution of a court decision to foreclose on the debtor’s property. In reality, there have been cases when bailiffs do not transfer property to auction for several years. Of course, in this case it makes sense to contact supervisory authorities - for example, the Prosecutor's Office.

5. Is it necessary to pay a deposit for auctions for the sale of debtors’ property?

- yes, definitely. But the law sets a limit on the amount of the deposit: no more than 5% for pledged property, and no more than 50% for other property sold not on the basis of the legislation on pledge and mortgage. The economic essence of the deposit is to ensure the fulfillment of obligations: that is, if you pay the deposit, you thereby confirm the seriousness of your intentions to participate in the auction and your solvency. At the same time, the law limits the size of the deposit at the auction. This is done so that those persons who, on the date of making the deposit, cannot pay the full amount, but by the date of payment for the property (which is 5 days from the date of the auction) can already pay the full amount, can take part in the auction.

6. Will the deposit for the auction be returned if I paid the deposit and became a participant in the auction, but did not participate in the auction itself?

- Yes, they will return it. The deposit is not returned in one and only case: if you win the auction (that is, become the winner), but within 5 days you have not concluded a purchase and sale agreement and have not paid the full cost of the property. This is a repressive measure against those unscrupulous participants who want to “disrupt” the auction. Such participants will pay with their deposit.

Still have questions? Call: +7(495)410-21-05 , or contact us via the feedback form.

Cancellation of bidding in bankruptcy proceedings

The bankruptcy procedure of an enterprise itself is a complex and lengthy process. Usually. The sale of the debtor's property cannot be avoided along this path. It is important that the auction is as effective as possible for the bankruptcy creditors, and that no disputes arise between the participants.

Under what circumstances is it impossible to collect a debt from a bankrupt during an auction?

Bidding does not always allow creditors to collect debt from a bankrupt. There are many reasons for this. One lies on the surface: the auction of property is cancelled. Why is this happening?

Firstly, the auction organizer could have made a technical error. For example, it is incorrect to indicate the starting selling price. Or take into account not all the input received from the arbitration manager.
Secondly, the bankruptcy trustee himself has the right to cancel the auction. In doing so, he is guided by his professional competence, and, if necessary, by judicial acts. Cancellation of a bidding decision occurs on grounds that are individual in each specific situation. The composition of the lots changed, property was stolen, and the fact of dual ownership was discovered (the same property is documented in different legal entities). This is only a small part of the possible reasons for canceling an auction.

The organizer will be obliged to suspend the sale of the debtor's property until all circumstances are clarified, or to remove the lot from the electronic site altogether.

Often, auctions are canceled by decision of creditors. Arbitration practice recognizes this as illegal. Selling under the hammer property owned by the debtor, determining the procedure and form of upcoming auctions, setting the starting price for property put up for sale - all these issues do not fall within the exclusive competence of the arbitration manager. A meeting of creditors or a committee of creditors has the right to approve a different procedure for the sale of an enterprise than the one proposed by the bankruptcy trustee.

Of course, the main task of bankruptcy creditors is to collect the debt from the bankrupt by selling his property at the highest possible price. If this means canceling the bidding procedure, the only legal way to achieve the goal is to go to court. If the plaintiff has sufficient arguments, the Femida will impose interim measures and prohibit the auction.

When the bankruptcy trustee for corporate bankruptcy cancels the auction

When organizing the sale of the property of a debtor company at an open auction, the bankruptcy trustee for the bankruptcy of legal entities, in addition to the provisions of the Bankruptcy Law, takes into account Order of the Ministry of Economic Development dated July 23, 2015 No. 495.

The sale of property in an insolvency case is permissible in two ways:
At the initial stage, debt can be collected from a bankrupt through an auction or competition.
If bidding in this way fails twice, the law provides for a second option on how to sell the property of the enterprise. Selling the debtor's property through a public offering is often more efficient. But this method also has points that require comments.

The auction organizer, including the bankruptcy trustee for the bankruptcy of legal entities, has the right to cancel the auction no later than three days before its start. In the case of a competition, this must be done a month in advance. These are the requirements established by paragraph 4 of Art. 448 of the Civil Code.

Within the meaning of this article, in the case of an auction (competition), it does not matter how many and for what period of applications were received before the auction was cancelled.

At the same time, when the property is sold through a public offering, the winner is the person who submitted the application first. And if the bankruptcy trustee for the bankruptcy of legal entities cancels the decision to sell the debtor’s property after the tender application has been submitted, the rights of the person wishing to take part in the tender are violated.

The injured party has the right to appeal to the arbitration court. This was done in a situation that can be illustrated by the example of the Supreme Court Ruling dated February 3, 2016 (case No. A32-21654/2012).

The court found that the arbitration manager indeed acted unlawfully and illegally canceled the auction.

Acting as the organizer of the sale of property, the manager knew about the first application received from one of the participants. Nevertheless, he still annulled the decision to hold the auction, and as a result violated the rights and legitimate interests of the applicant.

The Supreme Court did not side with the plaintiff for two reasons.

Firstly, before the decision was made, the organizer held a new auction, the debtor’s property was sold at a price exceeding the offer of the original buyer. The cancellation of the auction led to the fact that bona fide parties who entered into transactions legally suffered.
Secondly, the very fact of recognizing the actions of the arbitration manager as illegal will not restore the applicant’s rights.
In addition, the court emphasized that the bidder did not act as a person participating in the bankruptcy case. The plaintiff in fact tried to challenge the regulations for the preparation and conduct of auctions, and not the actions of the arbitration manager. In fact, such actions are outside the legal framework.

As indicated in paragraph 5 of the “Review of issues of judicial practice arising during the consideration of cases on the protection of competition. "(adopted by the Presidium of the Supreme Court of the Russian Federation on March 16, 2016) and confirms the letter of the Federal Antimonopoly Service (dated June 30, 2016 No. RP/44252/16), complaints regarding the procedures for preparing and conducting tenders should be submitted to the territorial bodies of the FAS, and not to the arbitration court.

It is better to avoid risk and, in case of controversial issues, cancel the auction immediately. But even if applications have been submitted, it is still possible to cancel the decision to sell the property. The manager’s actions are also recognized as correct. However, complex situations often arise in practice, and to solve them we recommend seeking advice from professionals. Leave a request for a consultation right now.

Suspension of auctions for the sale of debtors' property

Chapter 9. sale of the debtor's property at auction If the owner of the mortgaged apartment does not use the right to revaluation, the residential real estate property is transferred to the Bailiff Service at the cost that was determined in court, for sale at public auction. The initial price of the collateral property put up for auction is determined taking into account the value specified in the writ of execution, regardless of whether the named price corresponds to the market value of the collateral property.

Cancellation of auctions for the sale of the debtor's property

An error occurred.

Only registered users on the site have access to information. If no bids are received from buyers within an hour of the sale of the lot, the process ends automatically.

Each offer extends the time limit by 30 minutes.

Chapter 9. Sale of the debtor’s property at auction

How long does it take to sell property at auction? — According to the law, if the bailiff does not violate the deadlines, the property is transferred to auction within a period of more than 3 months from the date of filing an application for the forced execution of a court decision to foreclose on the debtor’s property. In reality, there have been cases when bailiffs do not transfer property to auction for several years.

Of course, in this case it makes sense to contact supervisory authorities - for example, the Prosecutor's Office. 5. Is it necessary to pay a deposit for auctions for the sale of debtors’ property? - yes, definitely.

But the law sets a limit on the amount of the deposit: no more than 5% for pledged property, and no more than 50% for other property sold not on the basis of the legislation on pledge and mortgage.

Bidding at the stage of bankruptcy proceedings

If you doubt the legality of auctions for the sale of real estate, you must file a lawsuit at the location of the property. 3. How to return property illegally sold at auction? — To do this, when filing a claim in court, you must declare the use of interim measures, that is, the arrest and prohibition of any registration actions with the apartment.

On the issue of taking interim measures, the court issues a separate ruling, which is sent to the Department of the Federal Service for State Registration, Cadastre and Cartography. In this case, even if the scammers want to “let the apartment go,” they will not be able to do so—registration will be suspended until the court makes a decision on the case.

How to suspend trading at the stage of property sale?

Completed

Suspended

Obtaining clarifications on the application of antimonopoly legislation by the federal antimonopoly body

Elimination of violations of antimonopoly legislation

Regulations of the official website

Websites of constituent entities of the Russian Federation

About working with the site

For the auction organizer

Public events

Helpful information

Sale of debtors' property Information on bidding for the sale of debtors' property and the sale of pledged property is posted in accordance with the Civil Code of the Russian Federation, Federal Law of October 2, 2007. The
manager's responsibilities also include consideration of applications from auction participants. Grounds for refusal:

Non-compliance of documents with established standards or their unreliability.
The application does not comply with established standards.
Lack of deposit at the time of drawing up the protocol with the list of participants.

The basis for organizing bidding in bankruptcy proceedings is an electronic agreement with the relevant platform.

The software guarantees that the organizer complies with all conditions: compliance with the deadlines of the event stages and publication of the necessary reports. Proposals and applications are received by the operator, the organizer receives protocols generated by a special program.

Trading in bankruptcy: a review of the practice of the Russian Federation and the Russian Federation for 2014–2016.

Bidding in bankruptcy proceedings is a key procedure in a financial insolvency case. The purpose of the event is to satisfy the demands of the plaintiffs. The money raised during the auction goes to pay off debts of all categories of lenders. That is why the progress of the procedure for selling the property of an unscrupulous borrower is closely monitored by all parties interested in the proportionate and maximum distribution of the funds received: the debtor, creditors, and managers. Stages of the final stage of bankruptcy The point of bankruptcy proceedings is to proportionally distribute the bankruptcy estate among creditors. Stages of bankruptcy proceedings:

Declaring an unscrupulous debtor bankrupt. The decision is considered made from the date of publication in government publications. From this moment on, all debt terms are “reset to zero”.

The economic essence of the deposit is to ensure the fulfillment of obligations: that is, if you pay the deposit, you thereby confirm the seriousness of your intentions to participate in the auction and your solvency. At the same time, the law limits the size of the deposit at the auction.

This is done so that those persons who, on the date of making the deposit, cannot pay the full amount, but by the date of payment for the property (which is 5 days from the date of the auction) can already pay the full amount, can take part in the auction. 6. Will the deposit for the auction be returned if I paid the deposit and became a participant in the auction, but did not participate in the auction itself? - Yes, they will return it.

The deposit is not returned in one and only case: if you win the auction (that is, become the winner), but within 5 days you have not concluded a purchase and sale agreement and have not paid the full cost of the property.

Suspension of auctions for the sale of debtors' property

Recognition of auctions as invalid The Civil Code states that if there are sufficient grounds, an auction may be declared invalid. All agreements concluded within the framework of the past event are also considered illegitimate.

Consequences of invalidation of tenders in bankruptcy proceedings:

All funds received from the debtor as part of concluded transactions are returned to the bankruptcy estate.
If it is impossible to return the money or property, the buyer reimburses the cost of the property and losses.
The property returned to the bankruptcy estate is subject to subsequent sale as part of the ongoing bankruptcy procedure.

Property cannot be returned to the owner if it has been transferred to a municipal organization.
Liquidation of individual entrepreneurs with debts Moscow from 10,000 rubles.An error occurred.
In this case, the public auction may be cancelled. If the settlement agreement is concluded after the date of the event is announced, the debtor will have to pay all losses that were associated with its organization. Seizure of material assets As part of enforcement proceedings, one of the most common measures to ensure the implementation of a court decision is the seizure of property. Seizure of items for subsequent sale is carried out five days after the seizure. Bidding at the stage of bankruptcy proceedings Attention Period of contestation The final stage of the bankruptcy procedure is the corresponding decision of the arbitration court. This decision is submitted to the state organization that registers legal entities within 30 to 60 days. Information about the liquidation of an insolvent debtor is entered into the Unified State Register of Legal Entities. You can only prove that you are entering the correct password with the help of specialists.
Therefore, if you have not taken care in advance to have your auctions supported by lawyers or experts, it will be very difficult to prove a violation and challenge the auction for the sale of property. Another option for fraud at auctions is cases when, when submitting a price proposal, you suddenly see numbers that you did not put in. This is also a sign of fraudulent trading. Either the ETP does not show an increase after your bid, and after some time it turns out that your bid was exceeded and the person who raised the bid won the auction. 7. The auction organizer signs the auction protocol and the purchase and sale agreement with the winning participant, after which the winner pays the full price of the property (the deposit is included in the cost of the agreement). 8.

Protecting the rights of the debtor during auctions of pledged seized property - step-by-step instructions

Summary:

I would like to share my experience in trading seized property in order to protect the property rights of the debtor.

Case from practice

Within the framework of the Federal Law “On Enforcement Proceedings,” the bailiff put the debtor’s collateral property up for auction. Let's assume a situation where a debtor has been paying a mortgage to a bank for over 10 years, loses his job, and misses five or six payments. The bank filed a lawsuit to collect the debt.

It is important here to declare the termination of the contract so that interest does not accrue in the future. The bank may file a claim with the court to foreclose on the collateral by putting it up for public auction. How does this happen in practice and where are there violations?

Debtor's actions - step-by-step instructions

First of all, a writ of execution with a court decision (not required by law) is submitted to the SSP to initiate enforcement proceedings. Bailiffs conduct their assessment of the property. As a rule, it is underestimated by 30 or 50 percent.

You have the right to conduct your own independent assessment if the period from the previous assessment ordered by the court was more than six months.

After you have made an assessment and the property to be sold has risen significantly in price, you apply to the court, which made a decision to apply for collateral and approved the value of the property with an application to change the procedure and method of collection with interim measures, an application to suspend enforcement proceedings, revocation property at auction

Why is this necessary, I will answer: if you have been paying the bank for a mortgage for a long time, for example, you paid 6,000,000 rubles, and the property is valued at 8,000,000 rubles, then you are required to return the difference in the debt accrued by the court at auction.

You have received a ruling from the court; it must be urgently submitted to the office of the SSP. As a rule, bailiffs are, to put it mildly, oblivious to this matter. Blame it all on the frantic paperwork. The property has been put up for auction for a long time and is being sold: the first auction did not take place, the second auction for minus 15% did not take place, the claimant is waiting for the price of the apartment to drop by 25% and be offered to him on his balance sheet to write off the debt.

You urgently, while the auction is ongoing, submit a certified copy of the court ruling with an application to the trading organization and the Federal Property Management Agency. Trades must be cancelled.

If this does not happen, immediately file a complaint with the Federal Antimonopoly Service in accordance with Art. 18.1. If the OFAS refuses, you can appeal its decision through the Arbitration Court. This will allow the auction to be delayed for a year and a half.

Next, in parallel, we come up with an administrative claim to declare the actions of the bailiffs illegal. It is important to maintain a ten-day period from the moment the violation is detected before filing a claim.

After the court recognizes the actions of the bailiffs as illegal, we apply to the court to declare the auction invalid.

There is a very interesting practice here: tenders can be appealed within a year. If the money from the auction is distributed to the claimant, then if the court declares the auction invalid, the property is returned to the debtor!

The court decision to foreclose on the collateral has been executed; the claimant will not go to court with a similar claim again. He received money from the auction.

The buyer at the auction and the Federal Property Management Agency find themselves in an unpleasant situation. Legal proceedings will drag on for many years; they will only be able to recover from you the difference in hard monetary terms. There is no longer any collateral.

Good luck to you. Ready to answer all questions.

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Decision of the Chuvash OFAS Russia dated 06/02/2017 in case No. 23-T-2017

The company filed a complaint with the antimonopoly authority against the actions of the auction organizer, pointing out that the auction for the sale of the debtor's property, including real estate, is not held on an electronic trading platform, but through the direct personal participation of applicants in the auction.

The antimonopoly authority recognized the company's complaint as unfounded based on the fact that the financial manager acted on the basis of the decision of the creditors' meeting, the value of the debtor's property for each lot did not exceed 100,000 rubles. (Clause 5 of Article 139 of the Bankruptcy Law), which was confirmed by an independent appraiser.

However, the courts (case No. A6518492/2016) did not support this position of the antimonopoly authority and indicated that, within the meaning of clause 3 of Art.

Current Russian legislation provides for many situations when the sale of property is carried out through auctions.
Sale of mortgaged property, sale of state or municipal property, sale of bankrupt property - in all these situations, mandatory bidding is provided: an open auction, a public offer. But violation of the established procedure for conducting auctions, according to Art. 449 of the Civil Code of the Russian Federation, entails the recognition of these auctions as invalid. The invalidity of the auction is established only on the basis of a court decision.

Grounds for declaring auctions invalid

Art. 449 of the Civil Code of the Russian Federation provides for the right of any interested party to file a claim in court to declare the auction invalid.

How to cancel an auction for the sale of a debtor's property

6. Will the deposit for the auction be returned if I paid the deposit and became a participant in the auction, but did not participate in the auction itself?

This is a repressive measure against those unscrupulous participants who want to “disrupt” the auction.

How to cancel auctions for the sale of debtor's property by bailiffs

However, failure to comply with the deadlines during bidding may still become grounds for declaring the bidding invalid. Thus, plaintiff V. demanded that the public auction for the sale of his mortgaged apartment be declared invalid. The applicant reported that the auction organizer posted information about the auction fifteen days before it was held, thereby violating the requirements of paragraph.

How to cancel auctions for the sale of the debtor's property during bankruptcy

Depending on the subject of the identified violation and the stage of the bidding, the antimonopoly authority may issue orders of various contents:

on the cancellation of protocols drawn up during the bidding (determination of participants, determination of bidding results);

on amendments to the bidding documentation (notification of bidding, auction documentation, etc.);

about cancellation of the auction.

The decision or order of the commission of the antimonopoly authority can be appealed in court within three months from the date of the decision or issuance of the order.

It should be taken into account that the antimonopoly authority has the right to issue an order, including the cancellation of the auction, only before the conclusion of the contract based on the results of the auction.

These deadlines have a prescriptive legal nature - this conclusion is reflected both in doctrinal sources (for example, in the article-by-article scientific and practical commentary to the Federal Law “On the Protection of Competition”, executive editor - head of the FAS Russia I.Yu. Artemyev. Statute, 2016), and in law enforcement practice (see, for example, the decisions of the Fifth Arbitration Court of Appeal dated December 23, 2013 No. 05AP-11097/2013 in case No. A51-9593/2013, the Ninth Arbitration Court of Appeal dated October 25, 2017 No. 09AP-47332 /2017 in case No. A40-86358/17).

In this case, the period established by Part 14, 14.1 Art. 18.1 for the antimonopoly authority to consider the complaint on the merits is not preemptive (see.

How to cancel an auction for the sale of a debtor’s property 6 days in advance

At the same time, it is necessary to pay a deposit for participation in the auction in the amount specified in the notice of auction.

At this stage, the auction organizer and the electronic trading platform specifically violate the law, for example:

— the registration period on the trading platform is too long and does not allow prompt registration;

— illegal commissions are charged for registration on the trading platform (which are limited only by the imagination of the ETP);

— the registration procedure consists of several steps, the deadlines for which are not specified or lead to an unreasonable delay in registration;

How to cancel auctions for the sale of seized property

This is confirmed by a review of the judicial practice of the Supreme Court of the Russian Federation, contained in information letter No. 101 of December 22, 2005.
This document explains in detail the procedure for recognizing certain grounds as sufficient to invalidate the procedure for the sale of property. In particular, it is stated that if during the auction there were violations of the procedure for conducting them, which do not directly affect their outcome and do not affect the interests of other persons, then the results of the auction cannot be canceled. For example, citizen P. appealed to the court with a demand to declare the public auction for the sale of a land plot invalid. In support of her position, the plaintiff said that the protocol of the auction was signed by the winner two days after it was held, and the law provides for signing on the day of the auction.

The company "Simonenko and Partners" provides the following legal services:

— cancellation of illegal auctions for the sale of debtors' property;

— challenging the actions of the auction organizer;

— challenging the actions of the electronic trading platform;

— comprehensive support for participation in tenders.

You can find out the cost of services by calling: +7(495)410-21-05 , or by contacting us via the feedback form.

Related news:

— cancellation of auctions for the sale of debtors’ property (see decision on the cancellation of illegal auctions)

Related questions:

1. Is it possible to reliably record the fact of non-admission to trading?

There are already modern means of recording that make it possible to record the fact that a bidder is not allowed to participate in the auction, which is a violation of the law and leads to the cancellation of the auction. However, it is necessary to prepare for such fixation in advance .

2. What is the deadline for canceling the auction?

— You can file a complaint with the FAS (Federal Antimonopoly Service) within 10 days from the date of the auction.
If you do not meet this deadline, you can collect evidence and submit documents to the court at the location of the defendant organization (ETP or auction organizer). If you doubt the legality of auctions for the sale of real estate, you must file a lawsuit at the location of the property.