# Buying a home at a judicial auction: a practical guide

> From choosing the lot to paying the balance: the steps and checks to buy at auction without unpleasant surprises.

Source: https://immobilscan.it/en/guides/guide-buying-at-judicial-auction · By the ImmobilScan editorial team · Published June 4, 2026, updated October 25, 2026

## In short

To buy a home at a judicial auction, you find the listing, read the notice of sale (avviso di vendita) and the appraisal report (perizia di stima), view the property with the court-appointed custodian (custode giudiziario), and calculate the highest price you can pay. Then you submit your bid with the bid deposit (cauzione) before the deadline. If you win, you pay the balance and expenses by the notice's deadline, which can never be more than 120 days after the award. The transfer decree (decreto di trasferimento), signed by the judge, makes you the owner and orders the cancellation of mortgage liens and seizures. Two practical mistakes to avoid: a deposit transfer that reaches the account after the deadline, and applying for a mortgage too late.

## The steps to buy a home at auction

1. **Budget and mortgage.** Set the most you can spend and ask your bank for a preliminary mortgage assessment.
2. **Search.** Find the listing on the Public Sales Portal or on [ImmobilScan](https://immobilscan.it/en/auction-search), and note the proceedings, lot, deadlines and contacts.
3. **Documents.** Read the notice of sale, the sale order (ordinanza di vendita) and the appraisal report.
4. **Viewing.** Request a viewing with the custodian and check occupancy, non-compliance and unpaid condominium fees.
5. **Numbers.** Calculate the maximum price: market value, minus renovation work, taxes, fees and a margin for surprises.
6. **Bid.** Submit your bid with the deposit before the deadline in the notice.
7. **Bidding.** Take part in the bidding round, which takes place the day after the bid deadline.
8. **Balance.** If you win, pay the balance and the expense fund within the deadline, at most 120 days, and submit the anti-money-laundering declaration if the proceedings require it.
9. **Decree and handover.** Receive the transfer decree and, if the property is occupied, wait for it to be vacated.

The sections that follow explain each step in the same order.

## Why consider buying at auction

Buying a home at a judicial auction can allow you to buy below market value, especially when a lot has gone unsold several times and its starting price has been reduced. In exchange, the process requires more expertise and attention than an ordinary purchase.

The main difference from a normal purchase is that you do not negotiate with a seller. You buy on the terms of the notice, in the condition the property is in, and without warranty against defects (art. 2922 c.c.). The guide to [how judicial auctions work](https://immobilscan.it/en/guides/how-property-auctions-work) explains the procedure as a whole. This guide covers property enforcement proceedings: in judicial liquidation the liquidation program (art. 216 CCII) and the trustee's notice govern, and in [notarial auctions by public bodies](https://immobilscan.it/en/guides/notarial-auctions-public-asset-sales) the notice governs.

## Before you search: budget and mortgage

At an auction there is no preliminary contract with two months to organize yourself. From the day you win you have the notice's deadline, at most 120 days, to pay everything. If you need a mortgage, ask your bank for a preliminary assessment before you bid, and ask whether it finances auction purchases. To approve the loan, the bank will want the appraisal report and the notice. The direct payment of the loan to the proceedings is explained in the guide on [mortgages for buying a home at auction](https://immobilscan.it/en/guides/mortgage-buying-home-at-auction).

Also keep cash ready for the bid deposit, which is paid before the bidding round: at least 10% of the price you bid. On a bid of €110,000, that is €11,000 tied up until the outcome. If you do not win, it is returned.

## How to choose the right lot

Choosing the lot is the most important stage. Before you become attached to a property, check that the starting price is really attractive compared with the market value in the area and that the property's situation is manageable.

- Compare the starting price with the estimated market value of the micro-area.
- Check whether the property is vacant or occupied, and how long vacating would take.
- Check the state of maintenance and the cost of renovation.
- Read any unpaid condominium fees and charges.

### Where to search and what to note

Judicial auctions are published on the Public Sales Portal (Portale delle Vendite Pubbliche, PVP). On [ImmobilScan](https://immobilscan.it/en/auction-search) you find them from the same source, searchable by municipality, province, property type and price. City pages, such as [Turin](https://immobilscan.it/en/property-auctions/torino) or [Bologna](https://immobilscan.it/en/property-auctions/bologna), gather the auctions in each area. From the listing, note these details straight away:

- court, proceedings number ([enforcement case number (R.G.E.)](https://immobilscan.it/en/property-auction-glossary#rge), number/year) and lot number;
- starting price (prezzo base), minimum bid (offerta minima) and minimum bid increment (rilancio minimo);
- bid deadline and sale date;
- method (synchronous, asynchronous or mixed online sale) and the operator;
- name and contacts of the sale delegate (delegato alla vendita) and the custodian.

A [lot](https://immobilscan.it/en/property-auction-glossary#lotto) can contain several assets: an apartment with a cellar and a garage is sold together, at the lot price. If the property has already gone unsold several times, understanding why matters more than the discount itself. The guide on [failed auctions and price reductions](https://immobilscan.it/en/guides/failed-auction-price-reduction) covers this.

## Reading the appraisal report and the notice of sale

The appraisal report (perizia) prepared by the court-appointed appraiser and the notice of sale contain all the essential information: description, condition, zoning and cadastral compliance, regularization needed, restrictions and occupancy status.

Pay close attention to correctable zoning irregularities and their costs: they have a concrete effect on whether the deal is really worth it.

Also read the sale order (ordinanza), which sets out the rules fixed by the judge. In the appraisal report, look first at these items:

- the date, because an appraisal from two years ago may reflect neither the current market nor the current condition of the property;
- the occupancy status;
- the estimated regularization costs;
- the restrictions that remain after the sale;
- any unpaid condominium fees.

The guide on [how to read an auction appraisal](https://immobilscan.it/en/guides/how-to-read-auction-appraisal) explains each item in turn. In the notice, look for who pays the cancellation costs of the formalities and whether an expense fund must be paid with the balance. Also note how to pay the deposit (IBAN, payment reference (causale)), where to submit the bid and the deadline for the balance.

## Viewing the property and running checks

You request the viewing from the custodian, through the listing on the Public Sales Portal if online booking is available, or using the contacts in the notice. The details are in the guide on [court custodians and property viewings](https://immobilscan.it/en/guides/court-custodian-property-viewing). Ask early: the custodian must arrange the viewings for all interested parties before the bid deadline.

During the viewing, compare what you see with the floor plan in the appraisal report. A moved wall, an enclosed veranda or an inhabited attic are irregularities you will have to pay for. Ask who lives there and on what basis. A debtor who lives in the property can, as a rule, stay until the transfer decree. A tenant with a lease dated before the seizure may have the right to stay until the lease expires. The rules are in the guide on [occupied property](https://immobilscan.it/en/guides/occupied-property-vacating).

The appraisal report describes the property as it was on the date of the expert's inspection. Before the bidding round, it is also worth:

- asking the building administrator, or the custodian, for the amount of arrears and of any extraordinary charges approved. Whoever takes over the property is jointly liable for the contributions of the current year and the previous one (art. 63 disp. att. c.c.), as explained in the guide on [condominium fees](https://immobilscan.it/en/guides/condominium-fees-auction-property);
- having a technician look at any irregularities, to understand whether they can be regularized and at what cost;
- having a technician or a lawyer confirm the formalities that the decree does not cancel (easements, agreements, restrictions), which the appraisal report lists.

## Calculating the real cost of the purchase

The award price is only part of the outlay. To judge whether the deal really makes sense, add up all the additional costs.

- Transfer taxes (registration tax or VAT, depending on the case).
- The fee of the sale delegate and the procedure's expenses.
- Any costs of vacating the property.
- Renovation, zoning regularization and unpaid condominium fees.

### The maximum bid, with an example

Set your maximum price before the bidding round. Start from the market value of the property in the condition it will be in after the work, then deduct all the costs. Here is an example with plausible figures, to be adapted to your case:

| Item | Amount |
|---|---|
| Market value after renovation (estimate) | €160,000 |
| Renovation work | − €22,000 |
| Building permit regularization (sanatoria) for a minor irregularity, including the technician | − €4,000 |
| Unpaid condominium fees payable by you (current year and previous year) | − €2,500 |
| Registration, mortgage and cadastral taxes (primary residence, see below) | − €1,500 |
| Share of the delegate's fee payable by you (estimate; the delegate tells you the actual amount) | − €1,000 |
| Safety margin for surprises (about 10%) | − €16,000 |
| **Maximum bid** | **€113,000** |

On taxes. If you buy a home as a private individual, outside any business or professional activity, and the sale is not subject to VAT, you can request the price-value regime (prezzo-valore). Registration tax is then calculated on the cadastral value rather than on the price: the Constitutional Court (ruling no. 6/2014) extended this rule to forced sales. It also applies outside the primary residence regime, with a 9% rate and a coefficient of 120 instead of 110.

With primary residence tax relief (agevolazioni prima casa) the rate is 2%. With a cadastral income of €600, the primary residence cadastral value is 600 × 1.05 × 110 = €69,300. At 2% that is €1,386, plus €50 of mortgage tax (imposta ipotecaria) and €50 of cadastral tax (imposta catastale). Registration tax cannot in any case be less than €1,000.

The sale is subject to VAT only in precise cases, generally when the debtor is the company that built or renovated the property less than five years earlier. In that case you pay VAT (4% for a primary residence, 10% otherwise) and €200 each for the registration, mortgage and cadastral taxes.

The delegate's fee payable by you is set by Ministerial Decree 227/2015: half of the fee for the transfer stage, plus overheads, plus the actual costs of registration, recording and cadastral change of ownership (voltura). These are the rules in force in 2026. From January 1, 2027 registration tax moves into the new Consolidated Text (Testo unico) under Legislative Decree 123/2025: for a decree issued in 2027, have the rates confirmed by the delegate or a notary. All the items, with a full table, are in the guide on [the cost of bidding and winning at auction](https://immobilscan.it/en/guides/costs-bidding-at-judicial-auction).

## Submitting the bid and completing the purchase

Once you have chosen the lot, pay the deposit and submit your bid in the manner indicated (on paper or online) before the deadline. If there are several bids, a bidding round takes place.

If you win the property, pay the balance by the deadline (at most 120 days) and submit the anti-money-laundering declaration if the proceedings require it. The transfer decree will then follow, making you the owner and ordering the cancellation of mortgages and seizures.

### The bid

The bid contains your details, the lot, the price offered (not below the minimum bid), the payment terms and the deposit. In online sales you fill in the official form on the operator's portal. You then send it by certified email (PEC), following the notice's instructions, with a digital signature and the €16 stamp duty (bollo), paid online. In mixed sales you may instead deliver the paper envelope to the delegate. The procedure is explained in the guide on [online auctions, synchronous and asynchronous](https://immobilscan.it/en/guides/online-auctions-synchronous-asynchronous). Three details can get an otherwise valid bid rejected:

- the deposit transfer must be credited to the procedure's account by the notice's deadline. Make it at least 3 to 5 business days beforehand;
- if you are married under the community property regime (comunione legale), the property becomes jointly owned. The notice states which details of the spouse are needed and how to exclude the property from the community, where the law allows it;
- primary residence tax benefits (agevolazioni prima casa) and the price-value regime must be claimed with the required declarations. Some notices require them with the bid, others by the balance.

Once submitted, the bid is [irrevocable](https://immobilscan.it/en/property-auction-glossary#offerta-irrevocabile): you cannot withdraw it because you have changed your mind.

### The bidding round

The day after the bid deadline, the delegate opens the bids; the notice sets the time. If you are the only bidder and have offered at least the starting price, the property is yours. A single bid below the starting price, but not below the minimum bid, is normally accepted: the exceptions are explained in the guide on [minimum bids and increments](https://immobilscan.it/en/guides/minimum-bid-judicial-auction). With several bidders, the bidding starts from the highest bid, with increments at least equal to the minimum in the notice.

If you are not connected, you cannot raise your bid. If someone else raises, you lose; if nobody raises, your bid can win. Keep your maximum price in mind and stick to it, even when the raises come quickly. The most common cases are covered in the guide on [mistakes to avoid when buying a home at auction](https://immobilscan.it/en/guides/mistakes-buying-home-at-auction).

### Balance, decree and handover

By the notice's deadline you pay the balance, net of the deposit, along with the expense fund the delegate requests. With a mortgage, the bank pays the procedure directly, with a first-ranking mortgage on the property. In proceedings where seizure was served after February 28, 2023, you must also submit the anti-money-laundering declaration under art. 585 c.p.c.; for earlier proceedings, the sale order's requirements apply.

If you miss the balance, the judge declares forfeiture, keeps the deposit as a penalty and puts the property up for sale again. If the new sale brings in less, you pay the difference (art. 587 c.p.c.). In proceedings from 2023 the same applies if the anti-money-laundering declaration is missing.

Once the balance is received, the judge signs the transfer decree, which the delegate then has registered and recorded in the land registry, and files the cadastral change of ownership (voltura), using the funds from the expense fund. If the property is vacant, the custodian hands you the keys. If the debtor still lives there, in proceedings from 2023 the vacating order is issued with the decree and carried out by the custodian, at no cost to you (art. 560 c.p.c.). For earlier proceedings, the previous rules and the judge's order apply. What remains are the usual moving tasks: changing the utility accounts, notifying the building administrator, and registering your residence if it is needed for primary residence tax relief.

### Typical timelines

| Stage | Timing | Source |
|---|---|---|
| Sale order → bid deadline | 90–120 days at the first attempt, 60–90 days at later attempts | arts. 569 and 591 c.p.c. |
| Bid deadline → bidding round | the day after the deadline, at the time set in the notice | art. 569 c.p.c. |
| Award → balance | the notice's deadline, at most 120 days | art. 569 c.p.c. |
| Balance → transfer decree | no statutory deadline; depends on the court | — |
| Decree → vacating of a property lived in by the debtor | variable | art. 560 c.p.c. |

## Estimating value before bidding with ImmobilScan

The most important decision is working out what the property is really worth on the market, so that you do not overbid. This is also the most uncertain figure in the cost table: the appraisal report may be out of date, and the starting price, after some reductions, says little about the market.

On ImmobilScan you can search and view auctions for free. With an account you also see the history of previous attempts and an estimated value: a range calculated from the [OMI property values](https://immobilscan.it/en/guides/omi-property-values-explained) for the area and from similar properties for sale. On request, the appraisal report and the notice can be analyzed, with every figure linked to the page of the document where it appears. The logic of the comparison is explained in the guide on [starting price and market value](https://immobilscan.it/en/guides/auction-base-price-vs-market-value).

## Legal references

- Code of Civil Procedure (Codice di procedura civile, c.p.c.): arts. [560](https://www.brocardi.it/codice-di-procedura-civile/libro-terzo/titolo-ii/capo-iv/sezione-i/art560.html) (vacating), [569](https://www.brocardi.it/codice-di-procedura-civile/libro-terzo/titolo-ii/capo-iv/sezione-iii/art569.html) (deadlines), 571, 572 and 573 (bid and bidding round), [585](https://www.brocardi.it/codice-di-procedura-civile/libro-terzo/titolo-ii/capo-iv/sezione-iii/art585.html) (balance, mortgage, anti-money-laundering), 586 (decree), [587](https://www.brocardi.it/codice-di-procedura-civile/libro-terzo/titolo-ii/capo-iv/sezione-iii/art587.html) (forfeiture), [591](https://www.brocardi.it/codice-di-procedura-civile/libro-terzo/titolo-ii/capo-iv/sezione-iii/art591.html) (new attempts).
- Civil Code (Codice civile): art. 2922 (forced sale); implementing provisions (disposizioni di attuazione), art. 63 (condominium fees).
- Legislative Decree 23/2011, art. 10 (registration tax at 9% and 2%, minimum €1,000, fixed taxes); Constitutional Court, ruling no. 6/2014 (price-value regime in forced sales).
- Legislative Decree 123/2025 (Consolidated Text on registration tax), applicable from January 1, 2027 ([Decree-Law 200/2025, art. 4](https://www.normattiva.it/uri-res/N2Ls?urn:nir:stato:decreto.legge:2025-12-31;200~art4)).
- Ministerial Decree 227/2015 (the delegate's fee).
- Legislative Decree 149/2022, art. 35, and Legislative Decree 164/2024, art. 7: the new rules apply to proceedings started after February 28, 2023.

## Frequently asked questions

### Is buying at auction really worth it?

It can be, when the price you pay, plus taxes, fees, renovation and arrears, stays below market value with a margin for surprises. The guide on [starting price and market value](https://immobilscan.it/en/guides/auction-base-price-vs-market-value) explains how to make the comparison.

### Can I buy at auction with a mortgage?

Yes. The law provides that the bank pays the amount directly to the proceedings, with a first-ranking mortgage on the same property (art. 585 c.p.c.). You need to arrange it before you bid, because the deadline for the balance, at most 120 days, does not move to fit the bank's timing.

### What happens if the property is occupied?

If the debtor lives there, they can, as a rule, stay until the transfer decree. In proceedings from 2023, vacating is ordered with the decree and carried out by the custodian at no cost to you. If a tenant has a lease dated before the seizure, the lease may be enforceable against the buyer. This is something to assess before the bidding round, because it affects timing and costs.

### How early must I make the deposit transfer?

The amount must be credited by the notice's deadline. Make the transfer at least 3 to 5 business days early: an ordinary transfer made the day before the deadline may arrive late and make the bid ineffective. An instant transfer counts only if the notice accepts it.

### Can I withdraw my bid after submitting it?

No. The bid is irrevocable (art. 571 c.p.c.): it stays valid until the bidding round and, in any case, for 120 days if it is not accepted earlier. If you do not connect to the bidding round and nobody raises, the delegate may award you the property on the basis of the bid you deposited.

### Do primary residence tax benefits apply at auction?

Yes, on the same conditions as an ordinary purchase. If you buy a home as a private individual outside any business activity, and the sale is not subject to VAT, the price-value regime also applies, and registration tax is calculated on the cadastral value. The declarations must be made within the notice's deadlines and in any case before the decree is registered.

### Who pays unpaid condominium fees?

The debt remains with the former owner, but whoever takes over the property is jointly liable for the contributions of the current year and the previous one (art. 63 disp. att. c.c.). In practice the building administrator can ask you for them. Ask the administrator or the custodian for the amount and include it in your costs.

Law verified on October 24, 2026.