Leilosoc/Conditions of Sale
General Conditions of Sale
Private Negociation
LEILOSOC Market Partners® is responsible for ensuring the regular development of the Private Negociation, which is regulated by the following general sales conditions:
How to Participate
To participate in the sale at an auction establishment, in the form of PROPOSALS FOR PRIVATE NEGOCIATION, interested parties must send them in writing and send their offers to LEILOSOC® until the last day of the sale process, through:
Email to [email protected], containing identification of the number and name of the process, as well as the elements mentioned bellow;
Proposals must contain, under penalty of being excluded, the following elements:
Bidder identification: name, address, TIN, telephone and e-mail;
Identification of the lot and the respective value offered, in words, expressed in euros;
Indication that the bidder is aware of and accepts the conditions of sale.
If there is more than one offer of equal value for the item(s) for sale, the bidding may be carried out between bidders with equal proposals.
Proposals for a value lower than the base sales' value may be submitted, however:
The adjudication is conditioned to the positive opinion of the Insolvency Administrator who, until it happens, keeps the proposal in the status of “Offer Registration”;
Sales' Diligences can be taken to obtain better results, with the offerer being informed if he appears superior and, wanting to, improve the offer he presented;
If an offer is made that exceeds the base sales' value, the assets can be awarded immediately, without further formalities.
Assets at Auction
The assets are sold in the physical and legal conditions in which they are in. LEILOSOC® declines any responsibility regarding the assets’ preservation or functioning state.
The Decree-Law 84/2021 - "Consumer Protection" which regulates rights of the consumer in the purchase and sale of digital assets, content and services, pursuant to article 4, paragraph 1, subparagraph a) does not apply to sales made in the scope of liquidation of assets in insolvency proceedings or in proceedings executive. The bids made are binding, and it is prohibited to request the cancellation of any bid.
Interested parties are responsible for visiting and inspecting the assets during the visiting period – at a pre-defined time (date, time and address are disclosed in the area of the auction and/or lot) or by appointment, if requested by interested parties and possible. The buyer assumes responsibility for the purchase of what he visited and that he committed to acquire. The buyer is responsible for inspecting the property, and the lack of this analysis cannot be blamed on LEILOSOC®.
The sale of Real Estate in insolvency proceedings is exempt, under the terms of the law, from the presentation of a Use License, Energy Certification and Technical Data Sheet.
Commission for Provided Services
A commission is added to the sales' value for the services provided by LEILOSOC® and the respective VAT, namely:
Real Estate: 5% on the proposed value and respective VAT (at the legal rate in force);
Movable Assets: 10% on the proposed value and respective VAT (at the legal rate in force);
Hereditary Shares and Rights (Usufructs, Quotas, Shares, Shares and Others): 10% on the proposed value and respective VAT (at the legal rate in force);
Commercial Establishment: 10% on the proposed value and respective VAT (at the legal rate in force);
Art: 15% on the proposed value and respective VAT (at the legal rate in force).
Specific cases will be indicated in the Specific Conditions of the auction and/or in the information area dedicated to the auction and/or to the specific lot.
Assets' Payment
Real Estate:
The bidder and promissory buyer will pay, with the Adjudication/Bill, 10% of the proposed value, as a down payment, as well as the corresponding value for the services provided by the auctioneer;
The rights of preference/remission of the tenant/redeemer, are subject to these general conditions of sale.
The remaining value will be paid on the Public Deed date, to be carried out within a maximum period of 30 days.
The public deed will be scheduled by the Auction Establishment and will be held in a place determined by the Insolvency Administrator, usually near his/her professional domicile.
Movable Assets:
With the acceptance of the highest bid value, the bidder must pay the assets in full, as well as VAT;
The refusal of payment, asset’s pick up refusal or withdrawal of the offer, may have the following implications:
The sale shall be considered null;
The bidder cannot participate in further auctions;
Answer criminally or civilly for the damages caused;
Not recover the amount paid as a down payment.
If, for reasons unrelated to the auctioneer, the Public Deed doesn’t happen – by decision of the Insolvency Administrator or of the Court, namely in case of irregularities or situations that prevent or make the sale invalid or ineffective – any amounts paid by the bidder will the returned in full.
Payment Methods
Pursuant of the provisions of Regulation no. 314/2018 of the General Duties for the Prevention and Combat of Money Laundering and Terrorism Financing (BC/FT), referring to Law no. 83/2017, of august 18th, after the award of the tendered assets, payment must be made through the following methods:
ATM;
By Bank Transfer to the indicated IBAN;
By Check Payment endorsed to Isegoria Capital, S.A.;
By Cash - it is forbidden to pay or receive payments in cash through transactions envolving amounts equal or superior to € 3000,00, or its equivalent in any other foreign currency. (Law n.º 92/2017, august 22th).
Personal Data - GDPR
LEILOSOC® will collect and proceed to the computer processing of the auction participant’s personal data, inserting them in an appropriate database for which it will be responsible.
The personal data provided by the auction participant shall be used exclusively for purposes connected with the execution of their respective contract, as well as, if the auction participant so authorizes, for the auctioneer’s information and marketing activities.
The auction participant undertakes to provide and keep his personal data up-to-date and truthful. Personal data relating to the compulsory completion of the membership form that is found to be incorrect or incomplete, shall constitute grounds for the immediate suspension or termination of the online auction, as well as for the termination of the respective contract.
Others
If, for reasons beyond the control of the Auctioneer, the sale is deemed void, by the person entitled to do so, the sums received will be refunded in full.
LEILOSOC® reserves the following rights:
Do not award if the values obtained are considered insufficient;
Do not consider unsigned sales;
Cancel or suspend the act if irregularities or collusion between participants are detected.
Applicable Law and Jurisdiction
The sale is made following the terms of the article no. 834 of the Portuguese Civil Procedure Code.
LEILOSOC® is licenced as an auction establishment, in accordance with the decree n.º 155/2015 of August 10th (Diário da República) and has a civil liability insurance of € 200.000,00 with the insurance n.º RC63465018 Fidelidade – Companhia de Seguros, S.A..
In terms of article no. 825 paragraph 1 c) of the portuguese Civil Procedure Code, the failure of payment may lead to the forfeiture of sufficient assets to guarantee the unpaid amount, plus costs and expenses, without prejudice of CRIMINAL PROCEDURE, simultaneously, executed in the process itself for payment of said amount and additions.
For all matters not expressly regulated in the present document, Portuguese Law will be applied.
For your safety, please read the following conditions for every term of sale:
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