Bidding rules


1. TermsBidding rules in the form of an auction for the sale of real estate
2. Terms and definitions
3. Formation Commission of Trade
4. Functions of the Commission
5. Notice of auction
6. The procedure of receiving applications for participation in the auction
7. The order of bidding
8. The order of payment and refund of the Deposit
9. The costs of participants to participate in the Auction
10. Date of signing the main contract of sale
11. Securing the rights and legitimate interests of bidders
12. Dispute Settlement
13. Final Provisions


1. Terms

1.1. These rules are designed in accordance with the Civil Code of Ukraine and Ukrainian legislation regulating relations associated with the bidding process.

1.2. These rules define the process of bidding on the sale of real estate, organized LLC RealEkspo "(hereinafter referred to as" Organizer of tenders ").

1.3. These Regulations define the terms of stakeholder participation in the bidding process, regulate the relations arising between them.

2. Terms and definitions

2.1. "Auction" - a public sale of the property belonging to the owner of the property at auction with a pre-defined conditions. The property acquired by a person who offered the highest bid for it.

2.2. "Auction" - auction, acting in a certain organized trading period, during which participants place bets way to set the terms of the auction.

2.3. "The organizer of trades" - LLC "RealEkspo" entrusted by the Seller of the property auctions.

2.4. "The Commission on the tendering" - the body responsible for organizing and holding an auction, the Auction Organizer formed on the basis of issuing orders.

05.02. "Auctioneer" - an individual who, attracted by Auction Organizer for the auction.

2.6. "The initial (starting) price" - the initial price of the property, which begins the auction.

2.7. "Reserve Price" - the lowest price for which the seller agrees to sell the property.

2.8. "Auction price" - the highest price of the property, reached during the Auction, which is equal to or exceeding the reserve price (if established) and fixed in the protocol on the results of the auction.

2.9. "Lot" - the object (property) the auction.

2.10. "The property - residential or non-residential premises, land, immovable property, put up for sale.

2.11. "Bet" - the proposal of the new auction price of the property, increasing the current price of any value, but not least step auction.

2.12. "The auction step" - a fixed amount of money that is installed Auctioneer (from 100 to 10000 hryvnia hryvnia,), which increases auction price of the property at the time of bidding.

2.13. Form Auction - Auction is open for participation and the form for submission of proposals on the price of the property.

2.14. "Terms of Auction" - defined by the organizer of a set of auction rules and the binding parameters of each auction, such as: property, its serial number and a detailed description of the initial (starting) price of the property during the auction, the beginning and end of the auction, an auction step , restrictions on the range and number of participants, and others.

2.15. "Seller" - legal or natural person who put forward the object properties for sale at auction.

2.16. "Registered Agent" - a specialist real estate market, having professional experience of at least 3 years, meets the requirements of the Auction Organizer and has registered at the Auction Organizer.

2.17. "Authorized Agent" - a specialist real estate market, having professional experience of not less than 3 years old, included in a list approved by the organizer of trades and recommended to the Seller of real estate (in the absence of an agent) to represent its interests in the sale of real estate at auction.

2.18. "Applicant" - legal or natural person who filed the auction organizer application for participation in the auction and the annexed documents, which list provided notice of the auction.

2.19. "Applicant" - legal or natural person wishing to participate in tenders and submitting a required to participate in the auction documents and payment of deposit.

2.20. "Member of the auction" - legal or natural person who has expressed a desire to participate in the tender and submits an application and required to participate in the auction documents, pay the deposit and found to be the organizer of trading as a Member of the auction.

2.21. "The winner of the auction" - Member of the auction, offered during the auction the highest auction price (assuming that the auction price is not below the reserve price if the reserve price was set), receives the right to purchase the property.

2.22. "Deposit" - the amount of money granted by one contracting party to the account due from it under the contract of deposit of payments to another party, in proof of the contract and its enforcement.

2.23. "Protocol on the results of the auction" - a document signed by the Commission for the bidding and winner of the auction, stating the following: date of publication of notices, tender date, the subject of bidding, auction value, and other basic information about the bidding process.

2.24. "The main contract of sale" - an agreement is between the seller of the property and the winner of the auction for the transfer of the property owned by the Seller on the right of property, property auction winner.

3. Formation Commission of Trade

3.1. The composition of the Commission of Trade approved the Auction Organizer LLC RealEkspo.

3.2. Organizer of tenders up a commission to conduct trades in the number of three (3) members. Members of the Commission on the tendering participate in its work on the basis of the Order to form a Commission for the auction.

3.3. The Commission is authorized to conduct trades settle all matters within its competence, if present at the meeting not less than half of its members.

3.4. Decisions of the Commission for the trades made by a simple majority vote of the members of the Commission for the bidding.

3.5. Members of the Commission on the tendering simple majority vote shall elect the President of the Commission.

3.6. In the case where the presence of a member of the Commission on the tendering process for the meeting is not possible for legitimate reasons (illness, etc.) is to be replaced with the corresponding changes in the composition of the Commission for the auction.

3.7. The Commission on the tendering has the right to consultation with the leadership of the tender organizer to involve auctioneers, as well as independent experts, consultants, lawyers and auditors.

3.8. Decisions of the Commission for the auction, including a decision on the examination of applications by applicants and the results of the auction with the definition of the winner drawn corresponding protocols to be signed by all members of the Commission attending the meeting. By signing the protocol view of members is expressed by "for" and "against".

4. Functions of the Commission

4.1. The Commission performs the following functions:

4.1.1. Receives and processes applications and documents received from applicants to the auction organizer, to bid and determines that the timely receipt of the deposit.

4.1.2. Decide to admit or refuse admission to bid on the grounds specified conditions of participation of applicants in the auction.

4.1.3. Keeps a log of the call for applications for participation in the auction.

4.1.4. Notifies applicants or their representatives on the admission or denial of admission to participate in the auction.

4.1.5. Prepared and signed a protocol to reduce the selling price of the property or removing it from the auction.

4.1.6. Prepared and signed the Protocol on the auction, which never took place.

4.1.7. Defines the successful bidder.

4.1.8. Prepared and signed a protocol on the results of bidding.

5. Notice of auction

5.1. Notice of auction (hereinafter - the notice) is published by the Auction Organizer in the media the media and / or the official site of the Auction Organizer not later than 30 days before the auction.

The specified period is calculated starting from the day following the day of publication of the notice.

5.2. Notice of the auction shall contain the following information:

date (day), time, location of the auction;
date (day), time, place, summing up the auction;
name, address, location, the main essential characteristics of the property;
the initial price of the property;
presence of the reserve price;
list of documents that must be attached to the application for participation in the auction and the requirements for their design;
place and time to consult documents on the property and inspect it;
procedures for payment of the deposit, as well as its size;
procedure for determining the person who won the auction;
details of the Organiser of the auction, the Commission of the auction;
time and procedures for signing the protocol on the results of the auction;
Other information about the property or the order of the auction.

6. The procedure of receiving applications for participation in the auction

6.1. Organizer of tenders shall accept applications for participation in the auction notice within the prescribed period.

6.2. Approved applications are recorded in the Journal of the Auction Organizer registration applications.

6.3. The applicant may submit an application and send the documents attached thereto Auction Organizer, both personally and through his authorized representative.

6.4. To participate in the auction allowed the applicants to give the application and the documents attached thereto in the original before the date of the deadline.

6.5. When you receive bids Auction Organizer checks the application for participation in the auction prescribed form and compliance with the documents attached thereto prescribed in the notice list of documents.

6.6. Organizer of tenders takes measures to ensure the safety of the submitted applications and documents and confidential information about persons who have submitted them.

6.7. The essential condition for participation in the auction is made by the applicant of the Deposit under the contract deposit.

6.8. (Amount) of the deposit indicated in the notice of auction.

6.9. The deposit paid under a contract of deposit, which lies between the organizer of trades and the Applicant. The agreement specifies the procedures for payment of the deposit deposit, the deposit amount, repayment of the deposit, as well as with cases in which the deposit is not refundable.

6.10. Applications and documents annexed Candidates are considered by the Commission for the auction, which also certifies the fact of receipt of the deposit to the account specified in the contract of deposit.

6.11. Commission on the tendering refuse an applicant admission and registration application for participation in the auction, a candidate to participate in the auction in the following cases:

application is filed after the deadline for receiving bids specified in the notice;
application is filed by a person not authorized to act on behalf of the applicant;
not all of the documents listed in the notice on the auction;
submissions on the form does not meet the requirements specified in the notice on the auction, or they are made improperly;
person may not be the buyer in accordance with Ukrainian legislation;
in other cases stipulated by the existing legislation of Ukraine and the announcement of the auction.
6.12. Decisions of the Commission to conduct an auction of admission and denial of admission of applicants to participate in the auction confirmed by the report, which states:

listing of all the applications for participation in the auction, indicating name (Names) of candidates, the date and time of the application;
List of withdrawn applications;
Name (Name) of applicants accepted by bidders;
Name (Name) of applicants who were denied admission to tender, specifying the reasons for the refusal.
Protocol on the recognition of the applicants bidders is drawn up in triplicate.

6.13. After the signing of the Protocol applicants accepted bidders, and bidders are not allowed to bid shall be notified of the decision of the Commission by presenting to them or their authorized representatives for a receipt notice or by sending such notice by registered mail.

6.14. The applicant acquired the status of a bidder from the date of signature by the Commission on the tendering of the Protocol on the recognition of the applicants bidders.

6.15. Member of the auction committee assigns a unique identification number which is indicated in the ticket issued to him (card) auction participant.

7. The order of bidding

7.1. Trades are conducted in the form of an auction, open participation and open the form submission proposals for the price.

7.2. Before the auction, bidders are required to carry and present to the Commission on the tendering the following documents:

Identity document in accordance with Ukrainian legislation;
power of attorney to act on the auction (for legal entities - signed by the director and duly stamped, for representatives of individuals - notarized).
7.3. It starts with an announcement of an auction of the property, its basic characteristics, the initial (starting) price of the property, the existence of the reserve price and the auction step.

7.4. The auctioneer has the right to independently establish, as well as during the auction increment at the auction, informing the Members.

7.5. Member of the auction by raising ticket party agrees to buy exhibited on the auction property.

7.6. Upon reaching the reserve price (if established), the auctioneer announces the achievement of the reserve price.

7.7. Member of the auction by raising ticket party may increase the auction price for any amount (but not less than Step Auction), offering a price for the property.

7.8. The auction ends when, after repeated three times the highest auction price none of the participants raised a card party.

7.9. The winner of the bidding for a particular Lot acknowledged bidder offered in the auction the highest auction price (assuming that the auction price is below the reserve price if the reserve price was set), receives the right to purchase the property.

7.10. Summing up on the day and hour specified in the information report on the bidding on the location of the Commission on the bidding.

7.11. Chairman of the Commission announces the winner.

7.12. Following Trade Commission issued a protocol on results of the auction (auction).

7.13. The protocol states:

tender date;
Commission;
name of the Seller;
information about the objects for sale of real estate;
initial (starting) price;
reserve price (if established);
criterion for determining the winner;
size of the deposit;
amount of money, which is subject to amendment of a payment of the property sold;
Name (Name) winner;
procedure for the transfer of the property;
other necessary information.
7.14. Protocol on the results of the auction shall be made in 3 copies, signed by all present members of the Commission, and the winner of the auction on the day of bidding.

7.15. Protocol on the results of the auction since it takes legal effect of signing the preliminary contract and a document certifying the right of the Winner on the conclusion of the contract of sale of the property.

7.16. The Commission on the tendering decides to declare a failed auction in cases where:

to participate in the auction are not filed a single application;
to participate in the auction, only one application is filed;
none of the bidders after the third announcement of the initial (starting) price of the object is not picked up a ticket;
Auction price did not reach the reserve price.
7.17. The Commission's decision to declare the auction failed, as well as on the withdrawal from the auction will be made by the Protocol on the results of the auction.

8. The order of payment and refund of the Deposit

8.1. The deposit is paid by the Applicant as security for payment of the property in the event that the Applicant's winner of the auction and will be credited against the payment owed in payment for the acquired property.

8.2. Amount of the deposit paid under the Treaty of the deposit to be entered into between the Organizer, and trades by the Applicant.

8.3. The amount of the Deposit shall be paid by the Applicant on account Auction Organizer no later than the deadline for accepting applications to participate in the auction, fixed in the notice of auction, and is introduced since it was credited to the account of the Organizer bidding.

8.4. The document confirming the receipt of the deposit to the Account Auction Organizer is an excerpt from his account.

8.5. In the absence of a specific date, the amount of the deposit on account of the Organiser trades, as evidenced by appropriate discharge, the obligations of the Applicant to make a deposit are unfulfilled, the Applicant to participate in the auction are not allowed.

8.6. Applicant has no right to dispose of the funds received on account of the Organizer trades as a deposit.

8.7. On the money remitted in accordance with the Treaty of deposit, no interest is due.

08.08. The Auction Organizer shall refund the amount of the deposit of the Applicant on the terms set out in the Treaty of the deposit.

8.9. If the Bidder is not allowed to participate in the auction, bidding Holder shall return the deposit to the Applicant by transferring the sum of the deposit to the account specified in the Treaty for the deposit, within 5 (five) banking days from the date of summing up the auction.

8.10. If the Bidder is not recognized as winner of the auction bidding organizer is obliged to transfer the amount of the deposit to the account specified in the Treaty for the deposit, within 5 (five) banking days from the date of summing up by the Commission on the tendering of the auction.

8.11. In case of withdrawal by the Applicant in the prescribed manner an application to participate in the auction, bidding Holder shall return the deposit to the Applicant by transferring the sum of the deposit to the account specified in the Agreement of the deposit. If the applicant withdrew the application before the date of the deadline, the deposit is returned within 5 (five) banking days from the date of receipt of the Auction Organizer a written notice of the Applicant to withdraw the application. If the application is withdrawn by the applicant after the deadline, the deposit is returned in the manner prescribed for the bidders.

8.12. If the Bidder, the recognized winner of the auction, evades or refuses to sign the main contract of sale of the property within 5 (five) days from the date of summing up the auction, or any other date specified in the Protocol on the results of the auction, the deposit will not be returned.

8.13. Deposit provided by the Applicant, the recognized winner of the auction, and concluded with the Seller a contract of sale of the property, shall be counted toward the property.

8.14. In the case of declaration of the auction, bidding organizer shall refund the deposit Bidder by transferring the sum of the deposit specified in the Agreement on the deposit account within five (5) banking days from the date of summing up the auction.

8.15. In case of postponement of summing up the auction, suspension or revocation of the Auction Auction Organizer for 5 (five) banking days from the date of publication of this news item returns the deposit Bidder by transferring the sum of the deposit to the account specified in the Agreement of deposit.

8.16. In the case of execution by the Applicant, the recognized winner of the auction, and concluded with the seller of the property main sales contract, the responsibility for payment of the property in accordance with this agreement, the deposit is not returned to him.

8.17. If the seller of the property evades or refuses to conclude the main contract of sale of the property within 5 (five) days from the date of summing up the auction, or any other date specified in the Protocol on the results of the auction, The deposit is returned to the Applicant (winner of the auction) in the within 5 (five) banking days from the date of receipt of a written application for the return of the deposit. In this case the Applicant is entitled to request from the Seller the amount paid by the Deposit double.

9. The costs of participants to participate in the Auction

9.1. The seller of the property shall bear all costs associated with exhibiting the property for sale and placement of information about the property at the site of the Organizer, and trades must pay trading fees of $ 1500 (1000 pyatsot) hryvnia (VAT exempt).

9.2. Specified in subsection 9.1.nastoyaschih Rules monies to be paid within 3 days from the date of signing by the Seller and the Auction Organizer trust deed of sale belonging to the seller of the property at auction.

09.03. In case of signing the Basic Agreement of sale of the property, auctioned, and the conclusion of a contract, which became the subject of the auction, the Seller must pay tender fee in the amount of:

3% of the initial (starting) price of the property and 10% of the difference between backup and auctions at the cost of the property if the reserve price;
3% of the auction price or 3% of the initial (starting) price and 10% of the difference between the initial price and the Auction price (a condition defined by the contract of commission), in the absence (at the option of the Seller) reserve price;
9.4. Payment of Money funds specified in Section 9.3. these Regulations shall be made within 5 days of signing the main contract of sale (or any other contract, which became the subject of an auction) by paying to the Organizer's account trades or through the crediting of the deposit, located near the Auction Organizer.

10. Date of signing the main contract of sale

10.1. The main contract of sale is subject to the conditions agreed upon by the seller of the property and the winner of the auction.

10.2. The basic agreement is signed by the Seller and the winner of the auction within 5 - days from the date of summing up the auction.

11. Securing the rights and legitimate interests of bidders

11.1. Actions (inaction), organizer of the auction, the Commission on the tendering may be appealed to the procedure established by Ukrainian legislation.

12. Dispute Settlement

12.1. In the event of any controversy, claims, disputes and disputes related to the auction, the auction participants make an effort to resolve such controversies, claims and disputes voluntarily.

12.2. All disputes remaining unresolved extrajudicial settled in the courts at the location of auctioneers.

13. Final Provisions

13.1. These Regulations shall take effect from the date of their approval by Director of OOO "RealEkspo" and published on the site.

13.2. These rules apply in the form of an electronic document at: https://www.zagorodna.com

13.3. Termination of this Regulation or nullity does not relieve the parties involved in the auction, to perform its obligations arising prior to the date of termination of the Regulation, or their invalidation, and not exempt from liability for its failure (improper fulfillment).

13.4. Amendments (amendments) to this Regulation, including its annexes, the Auction Organizer.

13.5. Update on Amendments (amendments) to the Rules of the Organizers of trades by requiring posting a notice on these changes (additions) on the site of the Organizer trades at https://www.zagorodna.com

13.6. All changes (additions) made by organized trades in these rules and not related to changes in Russian legislation come into force and become binding after 10 (ten) calendar days from the date of placement of these changes and additions to these Rules on the site of the Organizer Trading at https://www.zagorodna.com

13.7. All changes (additions) made by the Auction Organizer these Rules in connection with the change of the current Ukrainian legislation come into force simultaneously with the entry into force of the changes (additions) in these acts.

13.8. Any changes or additions since the entry into force of the same shall apply to all persons who have adhered to these Rules, including those acceding to this Regulation before the date changes (amendments) in force.
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