Supreme law: those who are restricted by the purchase restriction policy may not auction their houses.

China Housing Network News (Yang Yang/Wen) 65438+February 19, the Supreme People's Court issued "Provisions on Several Issues Concerning the Qualification of Bidders in Judicial Auction of Real Estate by People's Courts" (hereinafter referred to as "Provisions"). It is reported that this regulation was adopted by the the Supreme People's Court Judicial Committee at its 1 846th meeting on September 1 2026, and is hereby promulgated and shall come into force on September12022.

The "Regulations" require that the judicial auction of real estate organized by the people's court shall not be allowed if the bidder who is bound by the purchase restriction policy at the place where the real estate is located applies to participate in the auction. When the people's court organizes a judicial auction of real estate, the auction announcement issued indicates that the bidder must have the qualification to purchase a house and the corresponding legal consequences. Bidders who apply to participate in the auction shall promise to be qualified to purchase houses and voluntarily bear the legal consequences.

At the same time, the people's court shall, after the judicial auction of real estate transactions is over, and before the transaction ruling is issued to the buyer, review the proof materials submitted by the buyer that they are qualified to purchase houses from the date of their application to participate in the auction to the date of the transaction ruling; After examination, the buyer does not meet the qualification conditions for continuous house purchase, and the people's court will not allow the buyer to issue an auction ruling.

In addition, the people's court should support the buyer's fictitious qualification to participate in the judicial auction of real estate and the auction is completed. The parties and interested parties claim that the auction is invalid on the grounds of violating public order and good customs.

The "Regulations" pointed out that the judicial auction of real estate can not be handled normally, and the people's court will not support the request of a party who does not have the qualification to purchase a house, such as the applicant executor.

In the judicial auction of real estate organized by the people's court, if the bidder fictionalizes the qualification of buying a house or the parties collude maliciously, infringe upon the legitimate rights and interests of others or evade the obligations stipulated in legal documents, the people's court shall impose fines and detention according to the seriousness of the case; If a crime is constituted, criminal responsibility shall be investigated according to law.