Terms and Conditions
1.1. The Auction is public, without prejudice to the provisions of point 1.4 of these Regulations.
1.2. Those interested in the acquisition must identify themselves whenever the representative of Justavenda Leiloeira, Unipessoal, Lda. requests it.
1.3. Upon registration for the In-Person Auction, it is mandatory to hand in a deposit check in the amount of €5,000.00 issued by order of Justavenda Leiloeira, Unipessoal, Lda. auction by interested parties.
1.3.1. The deposit check will be returned at the end of the auction, except in the situations provided for in the following point.
1.3.2. In case of total or partial non-compliance with the auction conditions, the deposit check may be presented for payment with a view to reimbursement of damages resulting from such non-compliance.
1.4. After hearing those interested in the sale Justavenda Leiloeira, Unipessoal, Lda., reserves the right not to admit to the auction or demand deposit of security or any other guarantee deemed convenient to those who, in previous auctions, failed to comply with point 4 or practiced any of the acts described in point 7.3 of these Regulations, has disturbed or disturbs the normal functioning of the Auction, that is to say that its presence is not in accordance with its objectives and interests, in order to safeguard the interests and transparency of the auction.
2. OPERATION OF THE AUCTION
2.1. On a case-by-case basis, the Auction shall take place in the following ways:
a) Movables sold batch by batch / budget by budget;
b) Real estate sold batch by batch/budget by budget;
c) Other Possible.
2.2. All bids must be made aloud, clearly and visibly, so that no doubt arises.
3.1. The immovable property is sold in the physical and legal state in which it is found, free of encumbrances or charges, having already heard the creditors with real guarantee on the property, pursuant to paragraph 2 of art. 164 of the CIRE.
3.2. Movable goods are sold in the physical and legal state in which they are found and do not have any guarantees of functioning/parts or assembly and transport;
3.3. The goods for sale will be available for visit, previously defined, in the respective sales brochure and/or area of the good, either by setting days for this purpose, or by appointment to be defined with Justavenda Leiloeira, Unipessoal, Lda.
3.4. It is assumed that the interested parties have inspected the property in question and are aware of its characteristics, disclaiming any responsibility for its state of conservation or functioning, as well as any incorrect description of the information contained in the leaflet that could lead to error.
3.5. Massa Insolvente or Justavenda Leiloeira, Unipessoal, Lda. cannot be held liable for incorrect descriptions in the leaflet that may be misleading, as well as changes that, regarding the legal status of the building or the licensing, may occur in the future and that may come to be harmed by law or administrative act.
3.6. It is not guaranteed that the goods for sale have a license for habitability or use and, when they do, it is not guaranteed that this license has full correspondence with the material reality.
4. PRICE PAYMENT
4.1. With the award of the property, the successful bidder will pay:
a) 20% of the sale value, by check issued to the Insolvent Estate or bank transfer;
b) ) 5% of the sale value, plus VAT at the legal rate in force, by check issued to the order of Justavenda Leiloeira, Unipessoal, Lda., referring to the services provided in the promotion and sale of the good, which may, however, be paid by bank transfer to the IBAN of Justavenda Leiloeira, Unipessoal, Lda.
c) The remaining 80% of the sale value must be paid upon completion of the purchase and sale deed, by certified/bank check.
4.1. With the adjudication of the movable assets, the bidder will pay:
a) 100% of the sale amount, by check issued to the insolvent estate.
b) VAT at the statutory rate on goods sold, by check issued to the order of IGCP, E.P.E. (no date);;
c) 10% of the sale value, plus VAT at the legal rate in force, by check made to Justavenda Leiloeira, Unipessoal, Lda.
4.2. The lack of any payments referred to above, either by simply giving up or by lack of provision of the means of payment presented, may determine that:
a) The sale of the remitted bidder is void;
b) The good(s) will be re-sold in the manner deemed most convenient;
c) The remiss bidder is not allowed to acquire it again;
d) The remiss bidder is responsible for the difference between the price at which he purchased and the price at which the lot or good is sold, and also for the expenses he gives rise to.
5. PUBLIC DEED
5.1. The public deed of the property will be carried out within 60 days or as soon as all the necessary documentation is gathered for this purpose, in a date, time and place to be notified to the successful tenderer with at least 15 days in advance.
5.2. The successful tenderer undertakes to, as soon as requested, provide all the elements essential to the implementation of the acts of transfer, namely the documents proving the settlement and payment of IMT and Stamp Duty, if any.
5.3. The promissory buyer is responsible for all costs inherent to the purchase, including the payment of deeds and registrations, as well as the settlement of the Stamp Duty and IMT and the issuance of an updated Permanent Certificate of the property(s) awarded, if the they have no place.
6. SURVEY OF MOVABLE PROPERTY
6.1. After proper collection, the buyer is responsible for collecting the movable goods, at a date(s) and time(s) to be agreed with Justavenda Leiloeira, Unipessoal, Lda.,assuming the risk for their loss or deterioration. In case of non-compliance, the goods may revert to the Insolvent Massa, and the buyer is also responsible for any damage caused.
6.2. Vehicle acquisition records will be obligatorily carried out by the services of the person in charge of the sale, in accordance with the implemented procedure, with all costs to be borne by the purchaser.
7. FINAL PROVISIONS
7.1. Any default attributable to the bidder will cause the loss of the amounts already paid, for whatever reason.
7.2. If, for reasons beyond the control of Justavenda Leiloeira, Unipessoal, Lda., the sale is considered null and void, by whoever is entitled, the amounts received will be returned in a single payment, with no place for prejudice to the Insolvent Estate under any circumstances.
7.3. Justavenda Leiloeira, Unipessoal, Lda., within the scope of its functions, after hearing those interested in the sale, and in the interest of Massa Insolvente, may:
a) Do not sell, as long as the amounts reached are considered manifestly insufficient;
b) Demand, whenever it sees fit, that payments be made by certified check or cash;
c) Do not consider unmarked sales;
d) Interrupt, cancel or cancel the act, provided that irregularities or collusion between the participants are detected.
7.4. The sale is governed by the provisions of art. 834 of the CPC. Conditions will be read aloud at the opening of the auction.
7.5. Participation in the auction implies full acceptance of the present conditions of the regulation, establishing for the resolution of any emerging conflict the jurisdiction of the Judicial Court of the District of Lisbon.
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