Deposit has to be paid in one of the following ways:
 

1- Via bank transfer to the following account:

If the bidder is an PHYSICAL PERSON:

- Copy of a valid identity document and the tax code of the person to whom the property will be registered or of the delegate or attorney, in the case of participation by a person, entity or company to be appointed.
- If the bidder is married under a legal community of property regime, the corresponding data of the spouse must also be indicated, with the sending of the relevant copy of the identity document (document not binding for the purposes of qualification but required in case of award)

Copy of the Notice of Sale initialed on each page and signed in full on the last page with express written indication "for acceptance", in full acceptance of the conditions therein.

If the bidder is a LEGAL PERSON:

- Updated Chamber of Commerce certificate or C.C.I.A.A.
- Copy of a valid identity document of the person who signed the offer representing the company and, if it is a person other than the legal representative, copy of the deed showing the related powers
- Copy of the tax code of the person who signed the offer
- Any duly legalized translation of the chamber certificate, if the company is not Italian
- Special power of attorney received or authenticated by the notary, in case of participation through a representative
- Certified e-mail address of the person who signed the offer
- Copy of the Notice of sale signed and stamped on each page, and signed in full on the last page by the legal representative of the bidder (or by a person with proven signatory powers whose power of attorney has been produced) with express written indication " for acceptance ”to full acceptance of the conditions set out therein.

The purchase offer may also be submitted by person, entity or company to be appointed. The bidder for the person, entity or company to be appointed must necessarily possess all the necessary requirements for admission to the tender.

Within n. 3 (three) working days following the award date, the bidder must declare in writing, by means of a communication sent to the Curator, the person, body or company for which he acted, which in turn must submit to the Curator a formal declaration acceptance. In case of failure to declare within the terms and / or in the prescribed manner or in case of declaration of a person unable to commit himself or to contract or not legitimately authorized, or in the event that the declared person does not accept the award, the bidder will be considered to all intents and purposes as the true and only successful bidder.

Lots Availability

Any registration related to preemption rights, registration of foreclosures and seizes, or any other tie falling on the lots on sale will be cancelled complying to art. 108 Bankruptcy Law (Legge Fallimentare) once the sale will be completed and the price will be fully collected. Any formalities for cancellation will be on buyer's expenses.

 

Method of payment of the price balance by the successful bidder

 

In the event of an award, the amount paid as a deposit will be retained until the sale is completed with the transfer of ownership to be carried out by notarial deed, according to the methods and timing established by the Bodies of the Procedure.

 

The payment of the balance of the hammer price must be made to the current account indicated by the procedure by the date set for the transfer of ownership or by non-transferable cashier's check made out to “Fallimento 11/2020 - curatori dott. Di Cesare e avv. Francia” to be delivered to the Curators at the same time as the deed.

 

Within the same term, the successful bidder will have to pay the sums (tax and non-tax charges, statutory taxes) in c/expenses for the payment of expenses related to the sale.

 

A percentage % charge + VAT will be added to the price of each awarded lot also in case of offers received related to art. 107 L.F (Bankruptcy Law). 
 

 

For each awarding price, the corresponding Buyers' Premium will be given by the sum of the commissions calculated on the referring stagger, according to the modes indicated in the table above.

Value Added Tax at a rate   22,00%  will be calculated on the awarding price and added to it. (where applicable). VAT application may vary according to law depending on the awarding subject

Property transfer

 

i. Stipulation of the deed of sale - The stipulation of the deed of sale will take place after the full payment of the price, at the identified Notary, as far as compatible with current legislation, without prejudice to the right of the Curator to suspend the sale pursuant to art. 107, 4th paragraph of the bankruptcy law. if an irrevocable offer for an improved purchase is received for an amount not less than 10% (ten percent) of the hammer price within the term of 10 (ten) days from the award date.

Pursuant to art. 108, paragraph 1 of the Italian bankruptcy law, the Delegated Judge may, up to the date of completion of the sale, suspend the sale operations if there are serious and justified reasons, or, within ten days from the filing of the documentation concerning the results of the procedure with the registry. , prevent the completion of the sale itself when the price offered is significantly lower than the right one, taking into account market conditions.

ii. Information and declarations - The properties are offered for sale in the amount indicated in the technical report drawn up by the appraiser (which must be understood here in full and transcribed) also published on the website www.gorealbid.it; as for the indications of the legislation relating to the urban planning regularity of the properties, the indications and investigations made by the same appraiser are referred to in this Notice of sale. The sale takes place in the state of fact and law in which the goods are located, without prejudice to the provisions of art. 2922 of the Civil Code, with all possible appurtenances, accessions, reasons and actions, active and passive easements. The sale is on a lump-sum basis and not on a customized basis (any differences in size cannot give rise to any compensation, indemnity or price reduction). For the purposes of the D.M. 22/01/2008 n. 37 and of Legislative Decree 192/05 and subsequent amendments, the successful bidder, declaring himself aware of the contents of the Notice of sale and the descriptions indicated in the expert report regarding the plants, will explicitly exempt the Procedure from producing the certification relating to the conformity of the the same to the safety regulations, expressing the desire to directly assume this incumbent, if requested.

iii. Town planning regularity and other provisions - With regard to the town planning situation of the properties, the successful bidder is advised that, in the event of discrepancies and/or irregularities, the possibility, where the conditions are met, is envisaged to make use of art. 46 paragraph 5 of Presidential Decree 380/2001, since it is an alienation that retains a compulsory nature.

The burden for the regularization of building and / or cadastral discrepancies, where remediable, or for the reduction to pristine, is at the expense of the successful bidder. The successful bidder is also responsible for any liability and obligation provided for by the current provisions on administrative, occupational safety, health, fire prevention, protection of the atmosphere, water and territory from pollution, plant compliance, with the exclusion of any liability for any reason whatsoever from such activities deriving from the Procedure and its Bodies.

iv. Cancellation of registrations and transcriptions - The prejudicial registrations and transcriptions, including the transcription of the bankruptcy sentence, may be canceled, at the expense of the successful bidder, by virtue of authorization that will be requested from the Delegated Judge only after the settlement of the price ; any further prejudicial transcriptions existing (eg judicial claims, patrimonial funds, trusts) will not be canceled, even if they are not enforceable.

v. Guarantees - This sale must be considered as a forced sale and is not subject to the rules concerning the guarantee for defects or lack of quality nor can it be revoked for any reason.

The existence of any defects, lack of quality or discrepancies in the thing sold, charges of any kind, even if hidden, (including, for example, urban planning and/or building and/or cadastral ones, or deriving from any need to adapt property and/or plant and/or machinery and/or equipment, condominium expenses of the current year and the previous year not paid by the debtor) and in any case not highlighted in the documents made available by the insolvency procedure, or deriving from any need adaptation of plants to the laws in force, will not give rise to any compensation, indemnity or price reduction, having taken this into account in the valuation of the assets and a reduction in value has already been applied, with the exclusion of any liability for any reason whatsoever. such activities arising from the Procedure and its Bodies. Any liability for the Procedure regarding any rights of third parties on movable property subject to the auction is excluded (Article 2920 of the Civil Code).
vi. Notary fees, ancillary fees ant taxes - Notary fees, registration fees, transcription fees, transfer fees, any VAT, other taxes (except those charged to the seller by law), other charges and rights (eg relationship twenty years for the properties, stacking of individual lots, etc.) and the costs for the completion of the deed of transfer of ownership are fully borne by the successful bidder, and are to be paid before signing the property transfer deed, as well as expenses for

the acquisition of the energy certificate required by Legislative Decree 192/2005 as amended by Legislative Decree 311/2006 and subsequent additions and amendments.

vii. Amendments - The successful bidder must also provide for the amnesty of any violations of law n. 47/1985 in accordance with the requirements issued for this purpose by the Administrative Authority.

viii. Taxes, condominium fees and other charges, documents to be delivered - This sale is subject to registration tax (or VAT) according to the legal rates; in the event of a request for facilitated taxation, the successful bidder is required to deliver to the Trustee, together with the balance of the price, the relevant original tax returns, together with a copy of the identity document; in any case, any declaration made in accordance with the Presidential Decree must be delivered to the Curator 445/2000 (e.g. on

receipt of information relating to energy performance); where the hypothesis occurs, the declaration of the non-offering spouse must also be delivered to the Trustee in order to exclude the property from legal communion; the successful tenderer will be held jointly and severally, pursuant to art. 63 avail. att. of the Civil Code, to the payment of any overdue condominium fees relating to the current calendar year at the time of transfer of ownership, in addition to the payment of those relating to the previous year.

ix. Transfer of ownership - The ownership, possession and enjoyment of the asset, and in general any active and passive right deriving from the purchase (except as described in the technical report and in the technical data sheet of the asset), as far as compatible with current legislation , will be transferred to the successful bidder with effect from the notarial deed, which will be stipulated following the full balance of the award price and the aforementioned charges resulting from the sale, in the entity that will be

Curator.

 

For all that is not provided for here, the laws in force apply.