How does a real estate auction take place?

Are you attracted to buying a property at a potentially lower price than the market? Real estate auctions, whether judicial or notarial, offer this opportunity, but their process follows strict rules and a precise schedule. Maître Cécile Zakine, a real estate lawyer, explains step by step the mechanism of this often little-known procedure.

What is a real estate auction?

A real estate auction is a public procedure by which a property is sold to the highest bidder. It can be judicial (in the context of a property seizure) or voluntary (before a notary, at the initiative of the owners). In both cases, the principle is the same: the property is awarded to the bidder offering the highest price, subject to compliance with legal formalities.

Key steps in the conduct of an auction

1. Publication and prior information

Before the sale, a specifications est rédigé. Ce document essentiel décrit le bien, les conditions de vente et les modalités de visite. La vente est annoncée par voie légale (publication au journal d’annonces légales, affichage au tribunal, et parfois sur des sites experts). Vous devez impérativement consulter ce cahier des charges pour connaître les servitudes, les hypothèques ou les droits de préemption.

2. The visit of the property

Unlike a traditional sale, visits are often organized in groups and on fixed dates. It is crucial to go in person to assess the actual condition of the property, as the buyer commits without guarantee for hidden defects in the context of a judicial sale.

3. The constitution of the deposit

To participate in the auction, you must deposit a deposit (generally 10 to 20% of the estimated price of the property). This amount is held in escrow with a lawyer or notary. Without this deposit, you cannot bid.

4. The day of the hearing or notarial sale

The sale takes place publicly:

• Before the judicial court (judicial sale): the enforcement judge presides over the auction. Lawyers of the parties and bidders are present.
• Before a notary (voluntary sale): the notary conducts the session, often in person or by videoconference.

The auction starts at a reserve price. Each bidder can overbid in increments set by the specifications. The property is awarded to the last bidder after three calls without a new bid.

5. The adjudication and payment

Adjudication is the judgment or act that awards the property. The buyer has a period (often 2 to 3 months) to pay the total price, minus the deposit. In case of non-payment, the deposit is lost and the property is put up for resale at the defaulter's expense.

Risks and specificities to know

• No guarantee for hidden defects : in a judicial sale, the buyer takes the property as is.
• Overbidding deadlines : after the auction, a 10-day period is open for any overbid. If you are the successful bidder, you may be dispossessed if a third party offers a price 10% higher.
• Acquisition costs : they are higher than in a standard sale (procedural costs, registration fees, etc.).

Pourquoi se faire assister par un avocat expert ?

The procedure is technical and the financial stakes are high. A avocat expert helps you analyze the specifications, assess legal risks (mortgages, easements), prepare your deposit, and bid on your behalf. It can also advise you on the overbidding strategy and represent you in case of a dispute.

Conclusion

Real estate auctions are a demanding but accessible procedure, provided you are well prepared. To maximize your chances of success and secure your acquisition, do not hesitate to consult a real estate lawyer. Maître Cécile Zakine accompanies you through all stages, from file analysis to the auction award. Contact his office for a personalized appointment.

📅 Mis à jour le 25/07/2026 — Par Maître Cécile Zakine, avocate et Docteur en Droit à Antibes. ☎ 06 21 69 91 77.