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Pros and cons of buying at auction

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Buying at auction... Florence and Tuscany


Buying at auction has many advantages in the current period compared to a few years ago, such as:

  • substantial savings on the purchase price, up to a maximum of 40% compared with a similar purchase on the free market;
  • the possibility of viewing the property and thus obtaining more information on the property to be purchased;
  • a significant reduction in release times, which must be analysed carefully on a case-by-case basis;
  • a greater number of properties to choose from, resulting from the considerable increase in property executions;
  • the possibility of financing the operation by applying for a loan.

The Art. 579 c.p.c regulates that everyone can participate in the purchase of real estate subject to foreclosure or bankruptcy, with the exception of the debtor executed or failed. However, this does not imply that everyone is able to correctly assess the problems related to the property placed in the auction and manage the bureaucratic procedures associated with it.

The Art. 2922 c.p.c. states: "In the forced sale there is no guarantee for defects of the thing (sold). It (the sale) cannot be appealed for causes of injury", or again: ... "(the assets) are sold in the state of fact and law in which they are... without any guarantee..."


This means that those who buy must be fully aware and responsible for what they buy, of which the Tribunal is no guarantee.

When making an auction purchase, the Tribunal takes for granted that it has informed itself of what has been won. It is also true that the Court provides documentation relating to the property, whose vision, however, is not always sufficient to guarantee the exact relevance of the technical and legal framework of the property.  It can happen that the documentation is incomplete, that there have been changes not reported, that the situation of the property has changed with time and so on. This implies that if the necessary verifications and studies on the documentation are not carried out, we may find ourselves at the time of the award with economic, structural and other gradients without being aware of them and, as specified in the aforementioned article, very little can be done after the award.

The purchase at auction to date has therefore as we have seen many advantages, but requires careful evaluation, better if by an expert who can indicate with accuracy the many variables and possible criticalities, such as the actual times of liberation, the total costs of participation in the auction, any hidden costs, the quantification of taxes, any dependencies and not least offer a real estimate of the market value of the property, in order to quantify the actual economic benefits of the purchase transaction.

For this purpose, Professione Aste provides the customer with the experience of a team of consultants, accumulated over years of activity in multiple Italian courts, which we send you to contact for any information or for the deepening.