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Forced Auction: How to Buy a Property Cheaply – Risks & Process

by Ahmed Hassan - World News Editor

– The potential for securing a property at a discounted price is drawing increased attention to real estate auctions, but experts caution that navigating these sales requires a thorough understanding of the process and inherent risks. While auctions can offer savings, prospective buyers must be prepared for a fast-paced environment and the possibility of acquiring a property with undisclosed issues.

The appeal of auctions stems from the possibility of bypassing traditional negotiation and securing a property below market value. Recent studies indicate potential price reductions of 20 to 30 percent at auction, though this is not guaranteed. However, this potential discount comes with a trade-off: limited opportunity for due diligence.

The auction process typically begins with a court-ordered sale, often initiated by a lender when a borrower defaults on their mortgage. An independent, certified appraiser then conducts a valuation of the property, establishing a “traffic value” – the estimated market price. This valuation serves as a benchmark for bidding and aims to protect both the lender and the debtor from a significantly undervalued sale.

The valuation process itself can present challenges. While appraisers strive for objectivity, access to the property may be restricted, particularly if it is still occupied. In such cases, the appraisal relies on publicly available information, such as building plans and property records, as well as a visual inspection of the exterior. This limited access can result in an incomplete assessment of the property’s condition.

Once the valuation is complete, the auction is publicly advertised, typically through official websites like zvg-portal.de, as well as in local newspapers and court notices. The advertisement includes the traffic value, the location of the property, and the date of the auction. Prospective buyers are then responsible for conducting their own investigations.

“At a minimum, you need to understand the location and the external condition of the property,” says Gerold Happ, Managing Director for Real Estate and Environmental Law at the German Homeowners Association (Haus & Grund). “However, you’re always buying a bit of a ‘pig in a poke’ because you don’t have the opportunity for a full internal inspection.”

Securing financing is a critical step before participating in an auction. Bidders are generally required to demonstrate their financial capacity by providing a security deposit equal to 10 percent of the traffic value. This deposit can be submitted as a bank transfer or a certified check. A pre-approved loan is essential, as the auction process moves quickly, and there is limited time to arrange financing after winning a bid.

The auction itself is a public event conducted by a court-appointed auctioneer. Bidding typically starts at a specified percentage of the traffic value, often around 70 percent. The auctioneer will accept bids until no further increases are offered, at which point the highest bidder is declared the winner.

The first auction round requires bids to exceed at least half of the traffic value. If this threshold is not met, a second auction may be scheduled. Subsequent auctions often have fewer restrictions on bidding, potentially leading to lower sale prices, but also increasing the risk of acquiring a property with significant issues.

Experts advise potential buyers to exercise caution and seek professional advice before participating in an auction. “It’s important to be aware of the potential costs beyond the purchase price, such as property transfer tax, registration fees, and potential renovation expenses,” notes Dirk Scobel, a building finance advisor at the Hamburg Consumer Advice Centre. “You need to have sufficient capital to cover these costs and any unexpected repairs.”

buyers should be prepared for potential legal complexities, particularly if the property is occupied. Evicting a tenant or former owner can be a lengthy and costly process. The legal framework surrounding evictions and to seek legal counsel if necessary.

The current market conditions, characterized by rising interest rates and economic uncertainty, are contributing to an increase in the number of properties entering the auction market. However, the availability of capital for potential buyers is simultaneously decreasing, creating a complex dynamic. This suggests that while opportunities may exist, securing a favorable outcome requires careful planning, thorough due diligence, and a realistic assessment of the risks involved.

For those considering participating in a real estate auction, attending a few auctions as an observer is recommended to gain familiarity with the process and the competitive landscape. Understanding the nuances of the auction process and being prepared for potential challenges are essential for maximizing the chances of a successful outcome.

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