阿里拍卖房产流程:
1、账号注册
参与拍卖者需要有淘宝和支付宝账号,且须实名认证,使用该账号参与拍卖(企业竞拍人一样)。如竞拍人不想以自己名义参与本次竞买,可以委托使用他人账号代为出价竞买,但拍卖前委托方与被委托方需到处置机构现场办理委托手续。
2、报名交保证金
竞拍需要缴纳保证金,缴保证金时间由网拍平台规定,阿里规定是竞拍结束前都可以交保证金,有些平台要求竞拍开始前缴纳。一般竞拍人可以银行网银交,阿里允许用支付宝交。
保证金数额由法院确定,按法律规定不得低于评估价或者市场价5%,不超过20%,通常是起拍价的10%左右,有时低于百元的标的不收保证金。另外申请执行人参加竞拍的不用交保证金。
3、参与竞拍
如果是第一次参加网络竞拍,笔者建议竞拍人仔细了解该网络平台竞拍规则,注意起拍价,加价幅度,出价规则,竞拍周期,特别是延时周期,根据最高院规定,在拍卖结束前五分钟内出价,拍卖结束时间会在出价时间的基础上延长5分钟,5分钟内的每次出价都会被触发延时。
这是为了防止在最后时刻出现秒杀使其他竞拍人丧失再出价的机会,以确保公平性。延时周期规则是法律规定,所有平台都需遵守。另外依照司法解释,网络司法拍卖起拍价即为保留价,首次出价只能为起拍价,而且允许一人出价成交。
过去传统现场拍卖,保留价即底价一般不公开,而且规定不少于两人参与竞拍才有效。网络司法拍卖起拍价由法院决定,按最新规定不得低于评估价或市场价70%。
值得注意的是,依照《拍卖法》,委托人要撤回标的必须在拍卖开始前撤回,竞买人一经应价,不得撤回,但2017年的《网拍规定》做了更改,允许法院在竞价程序中临时中止或暂缓拍卖,意味着竞拍结束前一秒拍卖也可能被喊停。
而且就算竞拍结束,遇到法定事由,法院也可以依法撤销此次拍卖。造成中止或撤拍的原因有很多,但《网拍规定》允许因撤拍而造成合法权益受损的当事人申请国家赔偿,或向其他主体另行起诉。
此外,竞拍人还应注意是否存在优先购买权人,标的为不动产的优先购买权人通常是不动产的承租人。
4、竞拍成功
竞拍成功后,保证金作为成交款的一部分自动转到法院的支付宝账户。然后竞买人按照法院竞买公告要求的时间及支付方式打款给法院,公告的打款期限一般是竞拍结束后的7~15天内。
打款后一般十个工作日左右联系法院或等法院联系签署《拍卖成交确认书》,签署后领取《民事裁定书》及《协助执行通知书》等资料,自行办理过户手续支付及交割。
5、竞拍失败
传统现场竞拍,如果竞拍失败,退保证金银行要三到五天,网络竞拍,如果是通过第三方支付平台退保证金,只要竞拍结束,基本都是立即退到账户。
Alibaba real estate auction process:
1. Account registration
The bidder needs to have a Taobao and Alipay account, and must be authenticated by real name, and use the account to participate in the auction (the same as corporate bidders). If the bidder does not want to participate in this auction in his own name, he can entrust someone else's account to bid on his behalf, but before the auction, the entrusting party and the entrusting party need to go to the disposal agency to handle the entrustment procedures on site.
2. Registration and deposit
The auction requires a deposit. The time for paying the deposit is stipulated by the online auction platform. Alibaba stipulates that the deposit can be paid before the end of the auction. Some platforms require payment before the auction begins. Generally, bidders can pay through bank online banking, and Alibaba allows payment through Alipay.
The amount of the deposit is determined by the court. According to the law, it shall not be less than 5% of the appraisal price or market price, and no more than 20%. It is usually about 10% of the starting price. Sometimes, no deposit is collected for bids below 100 yuan. In addition, the applicant for execution does not need to pay a deposit to participate in the auction.
3. Participate in the auction
If it is the first time to participate in the online auction, the author recommends that the bidder carefully understand the auction rules of the network platform, pay attention to the starting price, the bid increment, the bidding rules, the auction cycle, and especially the delay cycle. According to the provisions of the Supreme Court, if you bid within five minutes before the end of the auction, the auction end time will be extended by 5 minutes based on the bidding time, and each bid within 5 minutes will trigger a delay.
This is to prevent the last minute from appearing and causing other bidders to lose the opportunity to bid again, so as to ensure fairness. The delay cycle rule is a legal requirement and all platforms must comply with it. In addition, according to judicial interpretation, the starting price of the online judicial auction is the reserve price, the first bid can only be the starting price, and one person is allowed to bid and the transaction is completed.
In the past, the reserve price, that is, the reserve price, was generally not disclosed in traditional on-site auctions, and it was stipulated that no less than two people participated in the auction to be effective. The starting price of the online judicial auction is determined by the court, and according to the latest regulations, it shall not be lower than 70% of the appraisal price or market price.
It is worth noting that according to the Auction Law, the client must withdraw the bid before the auction begins, and the bidder cannot withdraw the bid once the bid is made. However, the 2017 Online Auction Regulations made changes to allow the court to temporarily suspend or postpone the auction during the bidding process, which means that the auction may be stopped one second before the end of the auction.
And even if the auction is over, the court can also cancel the auction according to law if there are statutory reasons. There are many reasons for suspension or withdrawal, but the Online Auction Regulations allow parties whose legitimate rights and interests are damaged due to withdrawal to apply for state compensation or sue other entities separately.
In addition, bidders should also pay attention to whether there is a preferential purchase right holder. The preferential purchase right holder for real estate is usually the lessee of the real estate.
4. Successful bidding
After the successful bidding, the deposit will be automatically transferred to the court's Alipay account as part of the transaction amount. The bidders then pay the court according to the time and payment method required by the court's auction announcement. The payment deadline in the announcement is generally 7 to 15 days after the auction ends.
After the payment is made, it will generally take about ten working days to contact the court or wait for the court to contact you to sign the "Auction Transaction Confirmation". After signing, you will receive the "Civil Ruling" and "Notice of Assistance in Execution" and other materials, and handle the transfer procedures, payment and delivery by yourself.
5. Bidding Failure
In traditional on-site auctions, if the auction fails, it will take three to five days for the bank to refund the deposit. For online auctions, if the deposit is refunded through a third-party payment platform, as long as the auction ends, it will basically be refunded to the account immediately.