Further proceeding
In a partition auction section 352b EO provides a specific next step where no bid was submitted. The court sets a period for written offers. This is not the same as an ordinary second auction hearing.
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Written offers in a partition auction after no bid
What to know about written offers and the next procedural steps after no bid in a partition auction.
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BRANDAUER Rechtsanwälte
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8 August 2026, Mag. Bernhard Brandauer, Rechtsanwalt
In a partition auction section 352b EO provides a specific next step where no bid was submitted. The court sets a period for written offers. This is not the same as an ordinary second auction hearing.
The exact court order, start and end of the period and the requirements for an offer matter. No amount should be sent without those details.
Partition auction without a bid
Was there no bid and has the court set a written-offer period?
Review the hearing, valuation, offer period and security deposit.
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Was there no bid and has the court set a written-offer period?
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Co-ownership share
The rule refers to the valuation and a statutory permitted reduction. It does not create a general discount mechanism for every later auction. The court’s conditions control.
Edict
A written offer must meet the court’s requirements. The highest bidder may be asked to pay the security within the statutory period. Keep the actual payment request and do not replace it with a self-calculated deadline.
Bid planner
Co-owners should follow the continuation of the partition case and any agreement on distribution. Creditors must review how their rights and claims appear in the file.
Contact
After the period the court decides on the offers received and the statutory conditions. Anyone who did not submit an offer cannot assume a later extra period.
Further proceeding
In a partition auction section 352b EO provides a specific next step where no bid was submitted. The court sets a period for written offers. This is not the same as an ordinary second auction hearing.
Section 352b EO: written offers after an empty hearing
Section 352b EO: written offers after an empty hearing
In a partition auction section 352b EO provides a specific next step where no bid was submitted. The court sets a period for written offers. This is not the same as an ordinary second auction hearing.
The exact court order, start and end of the period and the requirements for an offer matter. No amount should be sent without those details.
Valuation and permitted floor
Valuation and permitted floor
The rule refers to the valuation and a statutory permitted reduction. It does not create a general discount mechanism for every later auction. The court’s conditions control.
Bidders should compare valuation, edict and order and set their own limit separately from the statutory floor.
Form of offer and security
Form of offer and security
A written offer must meet the court’s requirements. The highest bidder may be asked to pay the security within the statutory period. Keep the actual payment request and do not replace it with a self-calculated deadline.
Co-owners and creditors
Co-owners and creditors
Co-owners should follow the continuation of the partition case and any agreement on distribution. Creditors must review how their rights and claims appear in the file.
After the offer period
After the offer period
After the period the court decides on the offers received and the statutory conditions. Anyone who did not submit an offer cannot assume a later extra period.
Written offer step by step
Written offer step by step
Stage
| Stage | What is available | What to review |
|---|---|---|
| Hearing | No bid | Secure minutes and order |
| Period | Set by the court | Review start, end and form |
| Offer | Amount and conditions | Separate own limit and floor |
| Security | Request to highest bidder | Follow the court payment details |
Partition auction without a bid
Was there no bid and has the court set a written-offer period?
Review the hearing, valuation, offer period and security deposit.
- 01Hearing01Hearing
Secure minutes and order
Record that no bid was received.
- 02Period02Period
Read the offer window
Take start, end and form from the order.
- 03Offer03Offer
Submit amount and evidence
Do not confuse own limit with the floor.
- 04Payment04Payment
Pay security after request
Use the court payment details.
Important: After the period the court decides on the offers received and the statutory conditions. Anyone who did not submit an offer cannot assume a later extra period.
FAQ
Common questions
Is a second hearing automatic after an empty hearing? +
Section 352b EO provides a specific written-offer process for a partition auction. It is not automatically an ordinary second hearing.
How long is the offer period? +
The court sets the period. The specific order controls, not a general assumption.
May the offer be below the valuation? +
Section 352b EO has specific rules. Read valuation, order and conditions together.
When is security payable? +
The highest bidder is asked to pay under the statutory rule and the actual court request.
Can I bid after the period ends? +
There is no general right to do so. The court decides on the offers received and the conditions.
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Topics
Written offers in a partition auction after no bidJudicial auctionEOImmobilienrechtErsteherGerichtsverfahren
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