Notice is given to everyone participating in the foreclosure sale that this sale is being held under the terms and conditions set forth below. Each person participating in this sale thereby indicates his acceptance of the applicability of these terms and conditions. A copy of these terms and conditions will be handed over or referred to the digital location.
- The foreclosure sale of the movable property will take place by auction to the highest bidder. The buyer then pays the purchase price directly to the bailiff in cash or by bank payment.
- The public auction takes place according to the order in the catalog or advertisement stated under the terms and conditions set forth herein. The judicial officer reserves the right to split or join numbers. The person wishing to bid must register in advance with the judicial officer, stating his name, address, place of residence and telephone number.
- All goods are sold without warranty and on foot, in the condition in which they are, seen or not seen by the buyer, even if goods do not correspond to the description, designation, weight, measure or whatever it may be. The buyer may not claim that the movable item is afflicted with a burden or restriction that should not have rested on it.
- From the moment of allotment, the movable property shall be for the account and risk of the buyer. If requested, the buyer shall immediately give his name and place of residence to the bailiff in charge of the auction in order to comply with the provisions of article 474 of the Code of Civil Procedure.
- The judicial officer in charge of the auction as well as its client(s) do not accept any liability with regard to the movables. Reference is hereby expressly made to article 7:19 of the Civil Code.
- The judicial officer in charge of the auction is authorized to demand that each bidder hands him the purchase price offered in cash and may keep it in his custody until the case is awarded.
- If, after the demand referred to in the previous paragraph, a bidder fails to pay the purchase price bid to the judicial officer in charge of the auction, such bid shall not be accepted and the bidder shall not be admitted as a bidder throughout the auction.
- In default of payment, the movable property with accessories shall immediately be sold again at the expense of him to whom it has been assigned. If less is bid and paid for the movable property in the second sale, the first bidder shall be obliged to pay the difference between the first bid and the final second bid to the judicial officer in charge of the auction.
- The bailiff in charge of the auction shall be authorized, to the exclusion of all others, to determine that the movable property shall be repossessed and shall not be sold in execution, if the conduct of the auction, the bids, the failure to do so or other circumstances give him cause to do so.
- The movable property sold shall be disposed of immediately by or on behalf of the buyer, unless otherwise expressly agreed with the bailiff in charge of the auction.
- The judicial officer in charge of the auction and the persons appointed by him are authorised, to the exclusion of any other person, to give instructions to the buyers, interested parties and all other persons present on the premises or in the immediate vicinity, with a view to ensuring that the auction proceeds calmly, in good progress and in an orderly manner. These instructions are to be followed immediately, failing which the auction may be stopped, suspended or cancelled, this at the exclusive discretion of the judicial officer in charge of the auction, who may and shall if necessary call in the assistance of the police.
- The judicial officer reserves the express right, without giving reasons, to refuse a bidder’s bid. In any difference or discussion about a bid, the judicial officer has the final decision.
- The buyer must show his/her proof of identity to the bailiff in charge of the auction, in order to draw up minutes of the sale after the auction.
- The record of the sale shall include the name of the person whose identification certificate is shown to the judicial officer in charge of the auction after the sale. If the purchaser wishes that a name other than his own be mentioned in the record of sale and the person whose proof of identity is shown to the judicial officer after the sale is not registered with the Chamber of Commerce as a director, partner or other capacity that can bind a company, or has a written power of attorney, the judicial officer in charge of the auction is authorized to refuse to do so.
- Everyone is considered to have purchased for themselves.
- You purchase the property in the condition in which it is located. If a vehicle is offered without keys and/or papers/accessories, you are not permitted to approach the previous owner in any way after the auction with the intention of requesting the missing items. In such cases, you are free to refrain from bidding. However, the bailiff may be able to mediate for you in some cases. The privacy of our debtor customer is of paramount importance to Bosveld. We assume that you fully respect this and act accordingly.
- In any difference or discussion about a bid, the judicial officer has the final decision. The judicial officer in charge of the auction shall decide in all cases and to the exclusion of all others in the highest instance.
- In case of error on the part of the butcher, he has the right to recover without recourse.
- The foreclosure sale, the purchase agreement and all possible resulting (legal) consequences or disputes are governed exclusively by Dutch law.