Before the opening of the auction, the notary shall be provided by the bidders with an irrevocable bank guarantee or a bank cheque in accordance with Article R. 322-41 of the code des procédures civiles d’exécution. Where the successful bidder defaults, the sum paid or the security provided is acquired for distribution with the assets realised.
The notary points out that bids will start from the amount of the upset price set in accordance with article R. 642-22.
Auctions may be conducted without the assistance of a lawyer. They are pure and simple. If no bid reaches the amount of the reserve price, the notary shall note the highest bid and may provisionally award the property for the amount of this bid. The official receiver who has set the reserve price, at the request of the notary or any interested party, may either declare the auction definitive and the sale completed, or order that a new sale will take place in one of the forms prescribed by Article L. 642-18. If the new sale is an auction, it sets the deadline for the new sale, which may not be less than fifteen days, the starting price and the advertising procedures.
The deed of sale consists of a copy of the conditions of sale book bearing the executory formula, following which a record of the auction drawn up by the notary is transcribed.