How to buy at a court auction: the complete 2026 guide

A court auction is a forced sale procedure ordered by a court to liquidate a debtor’s assets and satisfy the creditors. It is not a flea market with a gavel, it is not eBay, and it is not a notarial auction between private parties. It is a judicial proceeding governed by the Italian Code of Civil Procedure and, for the online part, by Ministerial Decree 32/2015 (DM 32/2015).

At a court auction you can buy practically any asset that can be seized: flats, villas, industrial sheds, agricultural and building land, but also cars, boats, machinery, company shares, furniture and luxury goods. The range is much wider than common perception suggests.

The average discount on market value ranges between 15% and 50%, depending on how many auctions have gone unsold, the type of asset and the specific conditions of the lot. Be careful: the discount is not guaranteed. Competitive bidding on attractive properties can push the final price close to, or even above, the appraised value. The real advantage is not the discount itself but the transparency of the procedure: a sworn appraisal report, the cancellation of encumbrances and a transfer decree issued by the judge.

This guide covers only the court auctions that go through the Ministry of Justice’s Portale delle Vendite Pubbliche (PVP, the public sales portal). If you are looking for information on auctions between private parties, notarial sales or general e-commerce platforms, you are in the wrong place. After reading these 5,000 words you will know how to find a lot, read an appraisal report, fill in the online bid, pay the stamp duty and the deposit, avoid the mistakes that invalidate a bid, and handle everything that happens after the award.

1. Types of court auctions and what you can buy

Court auctions fall into two broad procedural categories: forced enforcement proceedings and insolvency proceedings.

Real estate enforcement proceedings. They account for the majority of sales on the PVP. A creditor (a bank, the Revenue Agency, a condominium, a supplier) has obtained an enforceable title against the debtor and has attached one or more properties. The enforcement judge appoints a professional delegate for the sale, who drafts the notice of sale, publishes the lot on the PVP and runs the auction. The assets sold this way include residential flats, small detached houses, commercial units, offices, sheds, garages, agricultural land, building land, warehouses and entire property complexes. It is the most structured procedure: everything is governed by articles 474–632 of the Code of Civil Procedure.

Insolvency proceedings. With the entry into force of the Business Crisis and Insolvency Code (Legislative Decree 14/2019, in effect since July 2022), the old bankruptcy procedure was replaced by judicial liquidation. Sales ordered by the receiver (curatore) may go through the PVP or follow other competitive procedures set by the delegated judge. Here you often find entire business complexes, business units, industrial equipment, warehouse stock and receivables.

Movable property auctions. Not just real estate. On the PVP and in insolvency proceedings, vehicles (cars, vans, lorries), boats, industrial machinery, agricultural equipment, furniture, jewellery, works of art, company shares and luxury goods are sold. Movable property auctions generally move faster, require smaller deposits and have leaner transfer procedures than real estate auctions.

Key operational differences. In real estate enforcement proceedings the sale is always online, through the PVP and an authorised operator (DM 32/2015). In insolvency proceedings the procedures may vary according to the delegated judge’s directions. The deadline for paying the balance of the price is generally 120 days for real estate, but it can be shorter for movable property. The standard deposit is 10–15% of the price offered for real estate; for movable property it may differ. Always check the notice of sale: it is the only authoritative document on amounts, deadlines and procedures.

2. Where to look for auctions in Italy

The official source, and the only one required by law, is the Portale delle Vendite Pubbliche (pvp.giustizia.it), run by the Ministry of Justice. Every lot put up for sale through enforcement or insolvency proceedings must be published on the PVP. The ministry portal’s interface is functional but not intuitive: searching by area and type of asset takes patience and familiarity with the system’s taxonomy.

Alongside the PVP there are private aggregators that import the official data and make it browsable with filters, maps, alerts and enriched listings. On addicta you will find all the active auctions in Italy organised by province, by court and by type of asset, with data updated directly from the PVP. Other widely used aggregators include general property portals with sections dedicated to court auctions.

The difference between the PVP and an aggregator is the same as between the Revenue Agency’s database and a property portal: the first is the source, the second adds usability. To submit your bid, however, you will still have to go through the PVP: the Web Form (Modulo Web) for the online bid is hosted exclusively on the ministry platform.

Practical tip: set up alerts so you don’t miss relevant lots. The time window between the publication of the notice and the bid deadline is generally 30–45 days, but it can be shorter. Active monitoring is the best way to avoid discovering an interesting lot when the deadline has already passed.

3. The documents you need before you start

Before you sit down in front of the PVP Web Form, get everything ready. Going back halfway through to look for a missing document is not just inconvenient: in some cases you risk missing the deadline.

Digital signature (FD). Mandatory. You need it to digitally sign the bid in .p7m format. A simple electronic signature (the kind your bank uses, so to speak) is not enough: you need a qualified digital signature device issued by an AgID-accredited certification authority (Aruba, Infocert, Poste, Namirial and others). If you don’t have one, issuance takes from a few hours (with identification via SPID/CIE) to a few days (with in-person identification). Plan ahead.

Personal PEC (certified email) address. Mandatory. It must be registered in the name of the person submitting the bid. Do not use a shared company PEC or one registered to someone else. DM 32/2015 (art. 12) actually provides for a “PEC identificativa per la vendita telematica” (identifying PEC for online sales, art. 13), but this tool was never put on the market. As clarified by the operating guide of the Association of Professional Delegates of the Court of Forlì, every reference to the identifying PEC is to be understood as replaced by the combined use of a digital signature and an ordinary PEC.

Identity document in PDF. Of the person submitting the bid (mandatory) and of each bidder. If the bidder is married under the community property regime, the spouse’s document is also needed. Accepted format: PDF. Scan front and back into a single file.

Tax code (codice fiscale). Mandatory if the place of birth is Italy. If you are buying as a business, you also need the VAT number and, for legal entities, a Chamber of Commerce company certificate no older than three months.

Funds for the deposit. The deposit ranges between 10% and 15% of the price offered (always check the notice of sale). You must have the amount available in your current account well in advance, so that you can make the bank transfer and obtain the transfer receipt before the bid deadline.

4. Reading the notice of sale and the appraisal report

The notice of sale is the professional delegate’s document that sets out all the rules of the auction. The appraisal report is the sworn technical report of the expert appointed by the judge. These are the two documents that determine whether or not to take part. Reading them in full is not optional.

What to look for in the notice of sale. The starting price (the starting point of the auction), the minimum bid (the threshold below which a bid is ineffective under art. 571 c.p.c., the Code of Civil Procedure — the legal limit is 75% of the starting price, i.e. a reduction of no more than a quarter), the minimum bid increment, the sale method (synchronous, asynchronous, mixed or in-person), the online sale operator, the deadline for submitting bids, the date and time of the sale, the maximum deadline for paying the balance of the price, the deposit amount and the IBAN to pay it into.

What to look for in the appraisal report. The occupancy status of the property (vacant, occupied by the debtor, occupied by third parties with a title enforceable against the buyer), any legal defects (mortgages, registered attachments, easements), the planning and cadastral status (compliance, any building violations that can or cannot be regularised), outstanding condominium charges (which remain payable by the successful bidder for the current year and the previous one), the state of maintenance and whether the systems comply with regulations.

Red flags that should stop you. Building violations that cannot be regularised (the successful bidder inherits the obligation to demolish). Occupation by third parties with a lease enforceable against the procedure under art. 2923 c.c. (Civil Code): enforceability requires a certain date prior to the registration of the attachment for leases of up to nine years, and prior registration for leases longer than nine years. However, art. 2923, paragraph 3, c.c. provides an exception for a derisory rent (more than one third below market value), which allows the successful bidder to request a declaration that the lease is not enforceable. Asbestos or soil contamination reported in the appraisal. Serious cadastral discrepancies that cannot be regularised. In all these cases, the saving on the price can turn into a cost higher than the market value.

Practical tip. The notice of sale gives the contact details of the court-appointed custodian and the professional delegate. Contact them to arrange a viewing of the property. The viewing is not required by law, but skipping it is the single most expensive mistake you can make. The actual condition of the property can differ significantly from the appraisal’s description, especially if the appraisal is a few years old.

5. Sale methods: synchronous, asynchronous, mixed, in-person

DM 32/2015 provides for four online sale methods. The method is set in the notice of sale and determines how the auction actually takes place.

Synchronous sale. The auction takes place in real time on an online platform run by the authorised operator. Participants bid at the same time, as in a traditional auction, but in front of a screen. The delegate presides over the auction and declares the award at the end. This is the method most similar to a classic auction.

Asynchronous sale. Bids are submitted within a defined time window (from a minimum of 24 hours to several days). There is no real-time bidding moment: each bidder places their raise whenever they want, within the set window. The system automatically extends the deadline if a raise arrives in the last few minutes. It requires less real-time attention but more care with timing.

Mixed sale. It combines an initial asynchronous phase (collecting bids) with a final synchronous phase (real-time bidding among those who took part in the asynchronous phase). It tries to combine the advantages of both methods.

Analogue (in-person) sale. The auction takes place in person, in the courtroom, in front of the delegate. The bid is still submitted online through the PVP, but the bidding itself happens physically. It is the residual method, and increasingly rare.

For an in-depth practical look at the differences between the four methods and how to prepare for each, see the dedicated guide on synchronous, asynchronous, mixed and in-person sales.

6. The deposit: amounts, bank transfer, required details

The deposit is the sum that guarantees the bid is serious. If you win and don’t pay the balance, you lose it. If you don’t win, it is returned to you in full after the auction closes.

Amount. The standard in real estate enforcement proceedings is 10–15% of the price offered, but the only authoritative source is the notice of sale. Some courts set a different percentage, or a fixed amount for movable property auctions. Always check.

Bank transfer. This is the standard method for real estate enforcement proceedings. The transfer must be made to the procedure’s IBAN given in the notice of sale, with a value date before the bid deadline. Keep the transfer receipt: you will need it to fill in the Web Form.

The CRO problem. The PVP Web Form asks for the transfer’s “CRO number” (Codice Riferimento Operazione, the transaction reference code). This code has not existed for years: it was replaced by the TRN (Transaction Reference Number). To extract the CRO from the TRN, take the 11 digits from the 6th to the 16th position of the TRN. If your TRN is, for example, ABCDE12345678901FGHIJ, the CRO is 12345678901. The transfer receipt shows the TRN; ask your bank if you can’t find it.

Refund IBAN. The Web Form asks for the IBAN to which the deposit will be returned if you are not awarded the lot. Enter the same account you made the transfer from.

Date and time of the transfer. You can find them on the transfer receipt. The Web Form asks for both. Don’t make up approximate times: enter exactly what is shown on the receipt.

7. Filling in the bid on the PVP Web Form: step by step

The Web Form is the Portale delle Vendite Pubbliche function that lets you create, in 6 steps, the electronic envelope containing your bid. It is the only tool allowed for submitting bids in real estate enforcement proceedings. The procedure is described in detail in the official guide of the Association of Professional Delegates of the Court of Forlì and in the Ministry’s User Manual. What follows is an operational summary with the critical points highlighted by practice.

7.1 Introductory page

The first screen lists the 6 steps of the form and offers links to download DM 32/2015, the User Manual and the privacy notice. Before continuing you must read the privacy notice, give explicit consent to the processing of personal data and pass the captcha. Only after these operations does the “Avanti” (Next) button become active. Tip: download the User Manual and keep it open in another window. You will need it as a reference while filling in the form.

7.2 Step 1 — Lot

The Step 1 screen shows, read-only, the information on the lot selected on the operator’s portal: sale details, procedure details, assets included in the lot with description and photos. You cannot change anything. Check that the lot matches the one you intend to bid on. A mistake here means bidding on the wrong lot, and you cannot go back after confirming.

7.3 Step 2 — Submitter

The submitter is the natural person who digitally signs the bid and sends it via PEC. They may be the bidder (the simplest case) or a different person.

When a notarial power of attorney is needed. If there are several bidders, the others must grant the submitter a power of attorney in the form of a public deed or an authenticated private deed (art. 12 DM 32/2015). If the submitter is a third party who is not a co-bidder, they must be a lawyer (as provided in the sale orders for real estate enforcement proceedings, and confirmed by the established practice of Italy’s main courts).

On this page you enter the submitter’s personal details, tax code (mandatory if born in Italy), PEC address and ordinary email address (PEO). You must choose whether to receive the bid package on the PEC or on the PEO. Warning: the email with the bid package is sent from an ordinary email address. Not all PEC mailboxes accept messages from PEO addresses. If yours does not, choose the PEO as the receiving channel.

7.4 Step 3 — Bidder

In this section you enter the details of each bidder. If the submitter and the first bidder are the same person, you can import the data from the previous step automatically by ticking the relevant box.

Natural person. Fill in personal details, tax code and contact details. If the purchase is made as a business, also enter the VAT number.

Legal entity. Specific fields are enabled for the company name, registered office, legal representative’s details and Chamber of Commerce certificate. If the person taking part in the auction is not the legal representative, a shareholders’ or board resolution and a power of attorney are needed.

Minors. If the bidder is a minor, enter the legal representative’s PEO address in the email field. You need the identity document and tax code of the person acting on the minor’s behalf, and the authorisation of the guardianship judge.

Community property. If the bidder is married under the community property regime and intends to exclude the asset from the community, the spouse’s declaration under art. 179 c.c. must be attached to the bid. Without this declaration, the asset automatically becomes community property.

To add another bidder, use the dedicated button. To remove one, use the delete icon next to the bidder’s details.

7.5 Step 4 — Shares and titles of participation

For each bidder you must state the property right (full ownership, bare ownership, usufruct, etc.), the share of participation expressed as a fraction of 100, and the title under which the submitter takes part on the bidder’s behalf.

Golden rule: the shares of all bidders must add up to exactly 100. The system will not proceed if the total is different. If there is only one bidder, the share is 100.

In this section you can also list the types of document you intend to attach in the next step. The list is a reminder and is not binding, but filling it in helps you avoid forgetting anything.

7.6 Step 5 — Bid, deposit, attachments

The most critical section of the whole form. Here you enter the price offered and the deposit details, and attach the documents.

Price offered. It cannot be lower than the minimum bid stated in the notice of sale. Critical warning: the system does not check this constraint automatically. If you enter a price below the minimum bid, the form accepts it without an error, but the delegate will declare the bid inadmissible. It is the most common and most avoidable fatal mistake.

Deadline for paying the price. State within how many days of the award you intend to pay the balance. The maximum allowed is the one set by the judge in the sale order (usually 120 days, 60–90 in some courts). Check the limit in the notice before filling in the bid. If you plan to apply for a mortgage loan, enter the maximum term available: bank timelines are tight.

Deposit details. Select “Bonifico bancario” (bank transfer) as the method and enter: refund IBAN, CRO number (extracted from the TRN as described in section 6), the procedure’s IBAN you made the transfer to, date and time of the transfer, amount paid.

Attachments. The only accepted formats are PDF and .p7m. The maximum total size of all attachments is 25 MB. Documents generally required: the submitter’s identity document; the identity document and tax code of the bidder and of the spouse under community property; the transfer receipt; a declaration that you have read the appraisal report and the notice of sale. In specific cases: notarial power of attorney (several bidders or third-party submitter), Chamber of Commerce certificate (legal entity), declaration under art. 179 c.c. (exclusion from community property), authorisation of the guardianship judge (minor bidder).

7.7 Step 6 — Summary, digital signature, confirmation

The summary shows all the data entered in the previous steps. Check each section carefully and print the summary for your records.

Digital signature. The signature must be applied offline (the online mode does not appear to be active on the Web Form). The mandatory format is .p7m. If your signing software produces other formats (PAdES, XAdES), make sure you select CAdES/.p7m.

Confirmation. Tick the acceptance declarations and click the confirmation button. At this point the system generates the bid package, a file named offerta_NNNNNNNNNN.zip.p7m (where the Ns are digits). The system sends the submitter an email with the file attached and provides a URL and an access key to retrieve the bid from the reserved area.

Save the retrieval URL and key immediately. If you lose the email or the file, they are the only way to recover the package. Take a screenshot or copy and paste them before closing the page. The system also generates the HASH code needed to pay the digital stamp duty: write it down.

8. Paying the digital stamp duty

The digital stamp duty costs €16.00. The bid is valid even without paying it, but if you don’t pay, the professional delegate will start the enforced recovery procedure and the penalties will be withheld from the deposit. Don’t take the risk.

Procedure. Go to pst.giustizia.it, “Servizi” menu, section “Pagamento di bolli digitali” (payment of digital stamps). Create a new payment request. Enter the required data: in the payment reference, state the procedure and the lot; in the “Impronta del documento” (document fingerprint) field, enter the HASH code provided by the Web Form when you confirmed the bid.

Unique identifier. When the request is generated, the system provides a unique identifier. Save it immediately. It cannot be recovered any other way, and you need it to download the receipt after payment. If you lose it, you will not be able to download the “Promemoria”.

Payment and Promemoria. Payment can be made by credit card or bank transfer. After paying, go back to the main section and retrieve the electronic receipt using your tax code and the unique identifier. The document you need is the PDF file called “Promemoria” (reminder): this is what you will attach to the PEC sending the bid.

9. Sending the bid to the Ministry via PEC

The bid is filed by sending a PEC to the address:

offertapvp.dgsia@giustiziacert.it

The PEC must contain two attachments: the complete bid package (offerta_NNNNNNNNNN.zip.p7m) and the Promemoria of the stamp duty payment (PDF file).

Three absolute don’ts. Do not use the “Inoltra” (Forward) function on the PEC received from the Ministry: forwarding creates a compressed folder containing all the files received, making the bid package unreadable for the Ministry’s checking system. Do not rename the bid package file: any change to the name invalidates the file. Do not open the .zip.p7m file: opening it alters the digital signature and the system rejects it.

The correct procedure is: download the bid package to your computer, create a new PEC, attach the file as it is together with the stamp duty Promemoria, and send. The PEC delivery receipt (RAC) certifies the legal moment at which the bid was filed. Keep it: it is the proof that you filed on time.

10. Auction day

On the day of the sale, the Ministry sends the submitter the credentials to access the virtual courtroom on the operator’s platform. The credentials arrive on the day itself: you won’t receive them earlier.

Before the auction you must already have registered on the operator’s portal indicated in the notice of sale. Registration gives you access to the reserved part of the site. To access the specific auction you need the credentials sent by the Ministry.

What to expect during the auction: if the method is synchronous, raises happen in real time, in increments at least equal to the minimum increment stated in the notice. If it is asynchronous, the bidding window is longer and the system automatically extends the deadline when bids arrive in the last few minutes. The professional delegate presides over the auction and, at the end, declares the provisional award. Formal notice of the outcome arrives via PEC in the following days.

11. After the award: price, decree, possession

The award is not the end: it is the start of the most delicate phase.

Balance of the price. You must pay the difference between the award price and the deposit already paid within the deadline stated in your bid, which in any case cannot exceed the maximum set by the judge in the sale order under art. 569 c.p.c. The maximum is usually 120 days, but some courts set shorter deadlines (60–90 days): in that case the deadline in the order prevails, even if you entered 120 in the Web Form. If you don’t pay by the deadline, you lose the deposit and the delegate puts the asset back up for sale. There are no automatic extensions and the deadline is peremptory.

Transfer decree. The enforcement judge issues the transfer decree after the balance of the price has been paid. Timescales vary from 30 to 90 days depending on the court and its workload. The decree is the title that makes you the owner for all purposes. It is also the title for registration in the land registers and for updating the cadastral records.

Cancellation of encumbrances. The transfer decree orders the cancellation of all mortgages, attachments and seizures registered against the property (art. 586, paragraph 1, c.p.c.). This operation (known as purgazione, or purging) is normally handled by the professional delegate. There is only one exception: mortgages securing obligations that the successful bidder chooses to take over (the typical, though residual, case of land credit under art. 41 of the Consolidated Banking Act, TUB) remain registered because they serve the credit relationship that the successful bidder maintains. In ordinary real estate enforcement practice, taking over the debt is uncommon and the successful bidder receives the asset free of all encumbrances.

Cadastral transfer and registration. These are the successful bidder’s responsibility. The delegate generally takes care of registering the decree; registration tax (or VAT), mortgage tax and cadastral tax are payable by you. The rates depend on the nature of the asset and on your situation (first home, second home, business).

Vacating the property. If the property is occupied by the debtor or by third parties without a title, the judge issues the release order. Timescales vary. If the occupant has a lease enforceable against the procedure, the lease must be honoured until its natural expiry. For more on timescales and procedures, see the dedicated guides on the transfer decree and the award and on vacating an occupied property.

12. A mortgage loan to buy at auction: it can be done

Yes, you can buy at auction with a mortgage loan. It is less common than buying outright, but perfectly legitimate and regulated.

The main constraint is time. The deadline for the balance is the one set by the judge in the sale order under art. 569 c.p.c., usually 120 days from the award but shorter in some courts. Within that deadline you must: find the bank, submit the paperwork, have the bank’s valuation carried out (different from the court appraisal), obtain approval, sign the mortgage and get the balance to the procedure’s account. It can be done, but it requires a bank that knows the timescales of the judicial system. Always check the maximum deadline in the notice of sale before planning the bank process: 60 days and 120 days are completely different scenarios.

Not all banks grant mortgages for court purchases. The typical loan-to-value (LTV) is lower than for ordinary mortgages: banks generally finance 70–80% of the award price. The bank’s valuation serves to confirm the asset’s value and its planning compliance. The documents required are those of a standard mortgage (income, employment contract, financial situation) plus the provisional award decree and the court appraisal.

For the complete practical guide on obtaining a mortgage loan to buy at auction, see mortgage loans for court auctions.

13. Mistakes to avoid: operational checklist

These are the most frequent mistakes that invalidate a bid or cause avoidable problems. Check them one by one before sending the PEC.

Frequently asked questions

How much does it cost to take part in a court auction, on top of the price of the asset?

The direct costs are: the deposit (10–15% of the price offered, returned if you are not the successful bidder) and the digital stamp duty (€16). After the award: the share of the professional delegate’s fee payable by the successful bidder under art. 2, paragraph 7, of DM 227/2015 (half of the fee for the transfer phase plus ancillary expenses, generally €300–1,500), registration tax (or VAT if the seller is subject to VAT), mortgage and cadastral taxes, and the costs of the cadastral transfer and registration. For a first home, the successful bidder can request the “prezzo-valore” (price–value) system (art. 1, paragraph 497, Law 266/2005, extended to auction sales by Constitutional Court ruling no. 6/2014): the taxable base for registration, mortgage and cadastral taxes becomes the cadastral value instead of the award price, with a significant tax saving. The price–value system requires an express request: without one, the taxes are calculated on the award price.

Can I view the property before the auction?

Yes. The court-appointed custodian must allow a viewing to anyone who requests it. The custodian’s contact details are in the notice of sale. Book an appointment well in advance, because viewings are organised in limited slots. If the property is occupied, the custodian will coordinate access with the occupant.

What happens if I win and don’t pay within 120 days?

You lose the deposit you paid. The professional delegate puts the asset back up for sale, and the former successful bidder must pay the difference between the original award price and the price of the subsequent sale, if lower. In short: you risk losing the deposit and having to pay compensation as well.

Can I buy at auction with a mortgage loan?

Yes, but the timescales are tight. The deadline for the balance is the one set by the judge in the order, usually 120 days from the award, but shorter in some courts. Within that time you must complete everything: find the bank, obtain approval, sign and pay the balance. You need a bank that knows the judicial sector. Start talking to the bank before taking part, not after the award.

Do I have to be assisted by a lawyer?

No, you can always take part on your own. A lawyer is mandatory only if a third party who is not a co-bidder submits the bid on the bidder’s behalf (art. 12 DM 32/2015). However, for first-timers, the support of a professional experienced in court auctions can prevent costly mistakes.

How big is the difference between the starting price and the minimum bid?

The minimum bid is 75% of the starting price under art. 571 c.p.c., which declares ineffective any bid more than a quarter below the price set in the order. On a lot with a starting price of €100,000, you can therefore bid from €75,000. If you offer at least the starting price and you are the only bidder, the award is made without further ado (art. 572, paragraph 2, c.p.c.). If you offer between 75% and the starting price and you are the only bidder, the judge may still order the sale under art. 572, paragraph 3, c.p.c., but only if they consider that there is no serious chance of a higher price in a new sale and no applications for assignment have been filed. Applications for assignment change the picture: the asset may be assigned to the applicant creditor instead of being awarded to the bidder.

What happens if the auction goes unsold?

If nobody submits a bid, the judge orders a new sale attempt with a reduced starting price, typically 25% lower than the previous one. Auctions can go unsold several times in a row, with cumulative reductions. Monitoring unsold auctions is a legitimate strategy for finding opportunities at reduced prices.

Can I bid below the starting price?

Yes, you can bid down to the minimum bid stated in the notice of sale (usually 75% of the starting price). Bids below the minimum bid are inadmissible. The PVP Web Form does not check this constraint automatically: it is up to you to make sure you are above the threshold.

Are court auctions legally safe?

Yes, they are among the safest forms of property purchase. The asset has been the subject of a sworn appraisal, and the judge issues a transfer decree which, under art. 586 c.p.c., transfers ownership and constitutes a title for registration in the land registers, without the need for an additional notarial deed. All registered encumbrances are cancelled by effect of the decree (purgazione). The warranty for defects is governed by art. 2922 c.c., which excludes the warranty against material defects typical of an ordinary sale: the successful bidder buys the property as it stands. The residual risk concerns the physical condition of the property and any occupation, which must be checked before bidding.

What do I risk if the property is occupied by the debtor?

In most cases, the judge issues the release order under art. 560 c.p.c. (rewritten by the Cartabia reform, Legislative Decree 149/2022) and the custodian carries out the eviction directly, without the formalities of enforcement proceedings for repossession. Timescales vary from a few weeks to several months, depending on the court and the occupant’s situation. If the occupant is a third party with a lease prior to the attachment (a certain date prior to it for leases of up to nine years, prior registration for leases over nine years), the lease is enforceable under art. 2923 c.c. and the property remains occupied until its natural expiry. However, art. 2923, paragraph 3, c.c. provides an exception for leases at a derisory rent, which the successful bidder can ask to have declared unenforceable. This scenario must be assessed by reading the appraisal report carefully before bidding.

Can I take part if I live abroad?

Yes. DM 32/2015 does not require residence in Italy. You need a valid digital signature and an Italian PEC registered in the submitter’s name. If the submitter is a third party who is not a co-bidder, they must be a lawyer registered with the Italian bar. Identity documents can be those of your country of residence. The Italian tax code is mandatory only if your country of birth is Italy.

How long does it take to become the owner after the award?

From the moment of the award: payment of the balance within the deadline stated in the bid (maximum 120 days), issue of the transfer decree by the judge (30–90 days from payment, varying by court), registration in the land registers and cadastral transfer (15–30 days from the decree). In total, from award to full ownership: from 2 to 7 months in most cases.

Conclusion

You now have the practical tools to take part in a court auction from start to finish: from choosing the lot to filling in the online bid, from paying the stamp duty to the transfer decree. The procedure has many steps but is not complicated, as long as you scrupulously follow the steps and the legal requirements.

The three pillars of informed participation are: reading the appraisal report in full, filling in the bid without formal errors, and having a clear financial plan for the balance of the price. If any of these three is missing, the risk of a negative experience rises considerably.

To explore individual aspects of the procedure in more depth, see the specific guides on the appraisal report, mortgage loans for court auctions, sale methods and vacating an occupied property.

Topics

#acquisto-asta #guida-pratica #pvp #offerta-telematica #bollo-digitale #cauzione #compliance #2026

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