Real estate auction refers to the act that auction companies are entrusted by banks, judicial organs and other units or social individuals to announce real estate sales information to the public and transfer real estate ownership through bidders' bidding.
The sources of real estate in real estate auction are as follows:
1. Property that needs to be sold due to arbitration or judicial actions;
2. Due to credit disputes;
3. Entrusted by social people.
Real estate auction is a special transaction mode with its own regularity, so the following principles must be followed in the auction:
1, jurisprudence. Embodies the principle of legitimacy. First, the auction procedure should be legal. The auctioneer and the client must handle the auction in strict accordance with the procedures prescribed by law. Second, the auction should be legal. When an auctioneer accepts an auction commission, he must ask the trustee to provide the auction target, valid identity certificate and property right certificate of the item;
2. The principle that the highest price wins. The buyer of real estate auction must be the highest bidder;
3. Follow the principles of openness, justice, fairness, honesty and credibility. An auctioneer shall not bid as a bidder or entrust others to bid on his behalf, nor shall he auction his own articles or property rights in auction activities.
Real estate auction has the following characteristics:
1. The principle of "the highest bidder wins" is implemented in real estate auction;
2. Real estate auction is legal and policy-oriented;
3. The process of real estate auction is complicated.
Article 100 of the Civil Procedure Law of People's Republic of China (PRC) * * * In the case that the judgment may be difficult to execute or cause other damage to the parties, the people's court may, upon the application of the other party, order the property to be preserved, order it to do certain acts or prohibit it from doing certain acts; If the parties do not apply, the people's court may also order the adoption of preservation measures when necessary.
When the people's court takes preservation measures, it may order the applicant to provide a guarantee. If the applicant is unable to provide a guarantee, the application shall be rejected.
After accepting the application, the people's court must make a ruling within 48 hours in case of emergency; Those ordered to take protective measures shall be executed immediately. Article 103 Property preservation shall be sealed up, detained, frozen or other methods prescribed by law. After the people's court has preserved the property, it shall immediately notify the person whose property has been preserved.
Property that has been sealed up or frozen shall not be sealed up or frozen again.