In this case, the adjudication will become void and a new auction must be held, unless the bankruptcy administration opts to award the asset to the second highest bidder. The adjudication to the second highest bidder will only be possible if the second best offer reaches 85% of the amount made by the highest bidder.

Charges and Encumbrances

The sale will be made free of charges and encumbrances, except for rights limiting ownership, legal constraints, and corresponding urban planning charges.

In addition, taxes, duties, and levies relating to the adjudication, sale, or transfer of each asset will be borne by and at the expense of the successful bidders or buyers, who will also assume the notary fees, registration fees, and any others related to the sale. Under no circumstances will the bankrupt party bear any type of expense related to the sale. Likewise, any outstanding amounts that may exist for those fees and all types of accrued and unsatisfied expenses that encumber the assets will be borne by the buyer.
 
Orders for the cancellation of charges will only be issued by the Court once the Bankruptcy Administration provides proof of the effective transfer of the assets, and, in the case of assets subject to special privilege, payment to the privileged creditor.  
 
The Bankruptcy Administration will request the Court to cancel the charges and registry annotations of both embargoes and those arising from the bankruptcy; the expenses arising from this will be borne by the acquirer.
 

Adjudication of the lots




Method of participation

To participate in the auction, the user must register on the website www.gobid.es, adding their personal data, request registration for the auction, and accept its terms and conditions. 

The data included at the time of registration on the auction page will be the same used to assign the award of the sale, the lots, and their ownership.

All required payments, prior and subsequent to the sale, must be paid by registered users. Any powers of attorney will only be taken into account in the event of authorization from the Principal.

The user will have to deposit the required amount for participation in the auction into the bank account specified above.

The user will have to specify the auction number and the number of lots they want to participate in and send, at the same time, proof of the transfer made to the email address [email protected].

The deposit must obligatorily be credited before the end of the auction.

In addition to the deposit, the user, to be authorized to participate in the auction, must provide the documentation detailed below by sending it to the address [email protected]. 

- IF INDIVIDUAL:
- Copy of valid ID of the person to whom the transfer of ownership of the lot will be awarded.
- If the bidder is a spouse under a joint property regime, the data of the spouse must also be provided, by sending a copy of the ID (document not binding for authorization to the auction, but required in case of adjudication).

- IF COMPANY OR ENTITY:
- Copy of the company's incorporation deed showing the incorporation of the Company and the powers granted to the bidder.
- Copy of valid ID of the administrator or legal representative
- Sworn translation of the incorporation deed, in the event that the company is not Spanish.
- Power of attorney authorized by a notary, in the case of participation via a representative

  
Payment method   
 
Payment of the Buyer’s Premium must be paid entirely by bank transfer using the accounts communicated at the time of registration or together with the award communication (see general auction conditions).
 
The provisional successful bidder will have to deposit into the bankrupt company's Account, which will be indicated at the time the award confirmation is sent, the total award price plus VAT (if applicable) within the established deadline. (see general conditions).
 
Any property transfer expenses, notary deeds, and possible cancellation in any public registry of the charges or encumbrances established on them, will have to be consigned before the date established for the formalization of the sale. Once all amounts have been paid, the transfer of property will proceed via notarial deed, according to the procedures established by the Principal.

  
Payment deadline

Payment of the Buyer’s Premium, together with any administration fees, must be made within 10 days from the award communication.
 
Payment of the award price must be made within 20 days from the award communication. The possibility of paying the auction price at the time of formalizing the sale before a notary is foreseen, subject to prior authorization from the Bankruptcy Administration.

 
Transfer of property
 
The formalization of the sale of the goods will be carried out through a public notarial deed according to the conditions established by the Bankruptcy Administration, only once the award price and fees (Buyer’s Premium) and other expenses derived from the purchase have been paid, all costs being borne by the successful bidder.

Formalization must be carried out within a maximum period of 20 days from the sending of the award confirmation, this period being extendable only by the Bankruptcy Administration.

The Principal will ultimately be responsible for petitioning the Court Clerk to lift the embargoes, charges, and annotations arising from the bankruptcy that burden the transferred assets by issuing the corresponding orders. The costs of any lifting will be borne by the successful bidders.
  
In the event that the highest bidder designated as the successful bidder for them does not attend the execution of the documents necessary for their transfer without the need for an express judicial declaration or intimation, the Agent in agreement with the Principal, may consider them to have withdrawn their purchase offer. The amount deposited as Buyer's Premium will be lost and retained as compensation.

Administration fees are established, fully assumed by the successful bidder, intended to cover the sale formalization service, which will be organized by the Agent. Administration fees will have a fixed amount that may not exceed €300; the exact amount is detailed on the corresponding lot page under the concept "administration fees".

 
Other specific conditions
 
Buyer’s Premium: The bidder who becomes the definitive successful bidder will have to pay the auction house fees which are set at: 5,00% on the final award price of each lot, plus 21% VAT (if applicable), in addition to any administration fees detailed on each lot's page.

The Buyer’s Premium will have a minimum amount of 500 euros (plus VAT, if applicable) for each awarded lot (minimum commission). 

Payment of the commission (Buyer's Premium), as well as any other established administration fees, will be borne by the acquirer or successful bidder in any case, regardless of whether this is a third party, the creditor with special privilege, or a partner or the company itself whose shares or equity units make up the lot, and whether the acquisition occurs by auction award or by exercise of the right of first refusal.


Assets subject to privileged credits

Creditors with special privilege will not be obliged to consign the deposit.
 
The holder of the credit with special privilege is given the option to assign the adjudication they obtain.
 
The creditor with special privilege, in the event of adjudication, will be obliged to pay the fees of the specialized entity.