1. Can the judicial auction deposit be refunded?
I can't. Auction deposit is the deposit needed to ensure the buyer to buy the lot honestly. The deposit is generally required to be deposited in the account of the auction company. After paying the deposit, the auction company is responsible for the security of the deposit.
Legal basis: Article 24 of the Provisions of the Supreme People's Court on Several Issues Concerning Online Judicial Auction of People's Courts. If the buyer regrets the auction after the auction is completed, the deposit paid will not be refunded, which will be used to pay the auction losses, make up the difference between the re-auction price and the original auction price, and offset the debts of the executed person in this case and the debts related to the auction property.
If the auction is repeated after the auction regrets, the original buyer shall not participate in the bidding.
Second, the types of judicial auction
Specifically, judicial auction includes two kinds: court forced auction and bankruptcy enterprise auction after the court entrusts a liquidation manager. The court's compulsory auction means that the court enforces the debtor's property according to the legal documents that have come into effect, realizes the debtor's property through auction, and delivers the price to the creditor. However, the auction of bankrupt enterprises is the cancellation or closure of enterprises due to insolvency or other improper management methods. The court sets up a liquidation manager and a special liquidation organization for bankrupt enterprises, and entrusts qualified auction enterprises or other institutions to auction the subject matter.
3. What are the procedures and fees for judicial auction?
The auction process includes five links: project announcement, deposit registration, participation in auction, final payment and settlement and delivery. What is higher than the ordinary online auction threshold is that the bidder's Alipay must pass the real-name authentication, otherwise it will not be able to participate in the auction. During the announcement of the target, the bidder can fully understand the target. In addition, the bidder's deposit must be paid through Alipay. If the auction is successful, the balance can be realized through Alipay and offline payment.
Auction fees includes auction commission and other expenses, such as appraisal fee and storage fee.
(a) the payment method and time limit of the client's commission
1, commission ratio
According to the provisions of the "People's Republic of China (PRC) Auction Law", the auction of any items and public property will be charged a different percentage of commission:
(1) If there is an agreement between the client and the auctioneer before, it shall be collected according to the agreement;
(2) If there is no agreement between the trustor and the auctioneer, the auctioneer may charge the trustor a commission not exceeding 5% of the auction transaction price;
(3) The general art auction commission rate is 10% (international practice).
2. Commission payment method
(1) Prepayment method: After the contract of entrusted auction is signed, the trustor will pay according to the contract within the agreed time limit.
(2) Deduction method: When the auctioneer pays the client after the client completes the transaction, the transaction price is deducted.
3. Time limit for commission payment
(1) Prepayment method: the client pays within three working days after signing the entrusted auction contract.
(2) Deduction method: After the auction is completed, the auctioneer directly deducts it from the transaction price.
(2) The proportion and method of the buyer's commission payment.
1, commission ratio
According to the provisions of the Auction Law of People's Republic of China (PRC), the auctioneer may charge the buyer a commission not exceeding 5% of the transaction price. According to international practice, the commission rate of art auction is generally 10%.
2. Commission payment method
After the auction is completed, the auctioneer directly deducts it from the auction deposit paid by the buyer.
Auction commission and notary fee standard auction commission shall be charged step by step.
(3) Auction appraisal fee
If the client has difficulty in evaluating the auction reserve price and entrusts the auction house to evaluate it, it shall pay the appraisal and evaluation fee.
(four) the auction storage fee
The auction target has been kept by the auction house before the official shooting, and the client pays the storage fee. In addition, the cost of announcement, notification of the parties, notarization, etc. It shall be used as the necessary expenses for auction activities and paid by the client.
The above is the legal knowledge about whether the judicial auction deposit can be refunded to you. To sum up, we can know that the auction deposit is the deposit needed to ensure the buyer to buy the lot in good faith. Unless it is not completed, it can only be returned, and the auction results cannot be returned. If you have any other legal questions, please consult our lawyer.