26.05.2018 02:05:01 MESZ

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Legal Information


What is an auction under public law

This is the case when a government body, for instance due to a right of lien, is entitled to enforce a sale of items in an auction, that belong to a third person.

What is an auction under private law?

If a government body offers items just like any private person.
The objects of sale can be
  • rejected office equipment
  • lost property
  • property recovered through forced vacation of a house and
  • items that have been confiscated during the course of criminal proceedings.

What is an auction under foreclosure law?

The foreclosure auctions are conducted under the provisions of the German Civil Procedure Rules (ZPO). In an auction conducted by a bailiff, only such bids may be accepted the bidding amounts of which cover at least half of the regular sales price for the item offered for sale in the auction (§ 817a ZPO). Therefore, an opening bid that lies below the minimum bidding price is not permitted.

In what ways is the warranty provided?

No warranty is provided for items sold in an auction conducted under the provisions of the public law and under the provisions of the foreclosure law. For items sold under the provisions of the private law, the state provides warranty like any private vendor. Otherwise these sales transactions shall be governed by the Special Conditions of Sale and the General Auction Terms.

Are the successful bidder's personal data subject to data protection?

No. Under §§ 762, 763 of the German Civil Procedure Rules (ZPO) the authorities are obliged to publish the results of any such enforcement measures. That means that in case of bids over 50 Euros the name and the address of a successful bidder need to be documented and can be viewed by any person entitled under §§ 60 of the German Bailiff Act (GVO), 146 no. 1 e German Bailiff Business Directive (GVGA). Furthermore, under certain circumstances the accused person and third parties may be entitled to view the records of the investigation/criminal proceedings (particularly under §§ 147, 406 e, 475 of the German Code of Criminal Procedure (StPO)).

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