In April this year, the People's Court of Qixia District, Nanjing City opened an auction for a two-wheeled motorcycle. The motorcycle, which was basically in a scrapped state, started with a bidding price of 2,100 yuan, and was eventually auctioned for a "sky-high price" of 1.6 million yuan. Today, the People's Court of Qixia District, Nanjing City announced that the auctioneer Wu "regrets the auction" and claimed that he "misread the price because he was drunk" and was unwilling to pay the auction price. At the same time, Wu has been restricted from paying the auction price due to a failure to perform execution case. Consumption.
1. After
the facts were ascertained, Su A62177 motorcycle was registered under the name of the person involved in the case, Chen. It had a local license plate in Nanjing and the model was Benling HL250T-C. After the Nanjing Vehicle Management Office inspected the vehicle registration information and physical objects, the vehicle registration information was complete and valid, and there was no tampering with the vehicle.
Starting from 10:00 on April 17, 2022, Qixia Court will conduct the first round of judicial auction of this car (with plate) with a starting price of 2,100 yuan, and a total of 192 people signed up. The auction announcement displayed on the bidder's registration page states in red font: Due to the relevant regulations on vehicle transfer, the bidder needs to have a Nanjing registered permanent residence; those who do not meet the conditions to participate in the bidding or the bidder's own reasons cannot handle it after the auction is completed. If the ownership is transferred, the bidder shall bear the corresponding legal responsibilities. At about 16:00 on April 17, 2022, Wu logged into the judicial auction platform and paid a deposit of 10,000 yuan to participate in the auction. He took the initiative to increase the bid once. After a pop-up window popped up on the page showing that the bid was 1,600,100 yuan and the corresponding amount in uppercase, he clicked to confirm. Complete the bid. After the auction of
was completed, Wu failed to pay the auction balance within the specified period. This hospital contacted Wu by phone on April 18 and April 22 respectively and went to Shaoxing City, Zhejiang Province to find Wu himself for investigation. He said that he regretted the purchase because he misread the price while drunk.
also found out that the bidder Wu was the legal representative of a company in Zhejiang. The company had an unfulfilled execution case in a local court, and he himself had been restricted by for high consumption of .
2. Dealing with the bidder Wu’s regretful behavior
Online judicial auction is an important part of the people’s court’s enforcement. The bidder Wu regretted the bidding without justifiable reasons after the auction was completed, which not only caused losses to the parties involved in the enforcement case, but also caused losses to the parties involved in the enforcement case. It disrupted the normal auction order, hindered the development of judicial activities, and damaged the seriousness of the judiciary. According to relevant legal provisions, the Qixia Court ruled in accordance with the law that the deposit of 10,000 yuan paid by Wu was confiscated; the vehicle was re-auctioned, and the Zhongyuan buyer Wu was not allowed to participate in the bidding. If the second auction price is lower than the first auction price, Wu will be ordered to make up the difference between the two auction prices; if he refuses to make up the difference, enforcement will be enforced.
3. Relevant legal basis for processing
Regarding the legal consequences of the buyer regretting the auction after the auction is completed, Article 24 of the "Supreme People's Court on Several Issues Concerning Online Judicial Auctions of People's Courts" stipulates that the buyer must pay The deposit will not be returned; Article 22 of the "Regulations of the Supreme People's Court on the Auction and Sale of Property in the Civil Execution of the People's Court" stipulates that the People's Court may order a re-auction. During the re-auction, the original buyer is not allowed to participate in the bidding; the price difference, cost loss and commission in the original auction caused by the re-auction price being lower than the original auction price shall be borne by the original buyer. The people's court may directly deduct it from the deposit paid in advance. If the amount of the deposit is insufficient, the original buyer may be ordered to make up the amount; if it refuses to make up the amount, enforcement will be enforced.
Jiangsu Provincial Higher People's Court The "Notice on Matters Related to the Buyer's Repentance of the Deposit and Repayment of the Price Difference after the Judicial Online Auction Transaction" on September 12, 2017 clarified the above legal consequences. This auction announcement will have corresponding legal consequences. Significant reminders were also given.
Here, the Qixia People's Court reminds all participants of online judicial auctions that judicial auctions are not a "game" and the exercise of rights is not a trivial matter. Before participating in the judicial auction, bidders must carefully read the auction announcement and learn more about the condition of the lot, bidder qualification restrictions, legal liability and other terms. When bidding, act according to your own financial capabilities. After the bid is successful, if the bidder regrets the bidding due to his own reasons, he will be held legally responsible according to law.
Source: Jiangsu News Broadcasting
