# How judicial auctions work

> What a judicial auction is, who runs it, how to participate and which risks to consider before bidding.

Source: https://immobilscan.it/en/guides/how-property-auctions-work · By the ImmobilScan editorial team · Published June 1, 2026, updated October 25, 2026

## In short

A judicial property auction is the forced sale of seized property ordered by a judge to pay creditors from the proceeds. A sale delegate almost always conducts the sale, and the notice is published on the Public Sales Portal. In property enforcement proceedings, you may bid up to one quarter below the starting price, with a deposit of at least 10% of the bid. If you win, you have at most 120 days to pay the balance. The transfer decree then makes you the owner and orders the cancellation of mortgage liens and seizures.

## What is a judicial property auction?

A judicial property auction is the forced sale of property ordered by a court in enforcement proceedings (procedura esecutiva) or insolvency proceedings, such as bankruptcy or judicial liquidation. Its purpose is to turn the property into money to satisfy creditors.

The enforcement judge (giudice dell'esecuzione) directs the sale and almost always delegates it to a professional (a notary, lawyer or accountant), while a court-appointed custodian (custode giudiziario) manages the property until delivery. The relevant information is collected in a notice of sale (avviso di vendita) and an appraisal report (perizia di stima) prepared by a court-appointed appraiser.

In the most common case, property enforcement proceedings, a creditor seizes the debtor's home and asks the court to sell it. The creditor may be a bank with an unpaid mortgage, a condominium or a supplier. In insolvency proceedings the trustee handles the sale under the supervising judge. Since July 15, 2022, bankruptcy has been called [judicial liquidation (liquidazione giudiziale)](https://immobilscan.it/en/property-auction-glossary#fallimento-liquidazione-giudiziale) (Codice della crisi d'impresa, D.Lgs. 14/2019).

This guide concerns property enforcement proceedings. In judicial liquidation, the liquidation program sets the rules on reductions, sale attempts and vacating (art. 216 CCII). Notarial auctions by public and social security bodies have neither a debtor nor a judge and follow the call for bids (bando) (see [notarial auctions](https://immobilscan.it/en/guides/notarial-auctions-public-asset-sales)).

Two rules always apply. Forced sales carry no warranty against defects (art. 2922 c.c.). If you discover a leak or a system needing replacement after the decree, you cannot claim a discount or compensation. A rare exception is an asset entirely different from the one described, which case law calls *aliud pro alio*. The price is not negotiated: bid according to the notice, which prevails over anything you read elsewhere, including on this site.

## The people involved in an auction

| Party | Role | When you encounter them |
|---|---|---|
| [Enforcing creditor (creditore procedente)](https://immobilscan.it/en/property-auction-glossary#creditore-procedente) | Starts the seizure and requests the sale | Not directly; the name is in the case file |
| Debtor subject to enforcement (debitore esecutato) | Owner whose property is sold; cannot bid | May still live in the property |
| [Enforcement judge](https://immobilscan.it/en/property-auction-glossary#giudice-dell-esecuzione) | Directs proceedings and issues the sale order and transfer decree | Rarely, unless there is a dispute |
| [Court-appointed appraiser (esperto stimatore)](https://immobilscan.it/en/property-auction-glossary#ctu-perizia-di-stima) | Prepares the report on description, compliance, occupancy and value | You read the report |
| [Court-appointed custodian](https://immobilscan.it/en/property-auction-glossary#custode-giudiziario) | Manages the property, accompanies viewings and carries out vacating | For viewing and after the award |
| [Sale delegate (delegato alla vendita)](https://immobilscan.it/en/property-auction-glossary#delegato-alla-vendita) | Writes the notice, receives bids, conducts bidding and prepares the decree | Your main contact |
| [Online sale operator (gestore della vendita telematica)](https://immobilscan.it/en/property-auction-glossary#gestore-della-vendita-telematica) | Provides the bidding platform | On auction day |

The custodian and delegate may or may not be the same person. Their contact details are in the notice. Contact the custodian to view the property, as explained in [court custodians and property viewings](https://immobilscan.it/en/guides/court-custodian-property-viewing).

## Where to find auctions and the role of the PVP

Judicial sales are published on the Ministry of Justice's Public Sales Portal (Portale delle Vendite Pubbliche, PVP) and on authorized auction websites. The PVP collects notices from all Italian courts and is the official source for lots, dates and documents.

For each lot it lists the starting price, minimum bid, deposit, sale date and method, as well as the appraisal and sale order with the procedure's specific rules.

Publication on the [PVP](https://immobilscan.it/en/property-auction-glossary#pvp) has been mandatory since February 2018 (art. 490 c.p.c.). If publication fails through the creditor's fault, the judge declares the proceedings terminated (art. 631-bis c.p.c.).

As of October 24, 2026, ImmobilScan lists more than 17,000 active auctions sourced from the PVP. On [ImmobilScan](https://immobilscan.it/en/auction-search) you can search free by municipality, province, property type and price; each listing links to the official notice. PVP listings are updated four times a day and page statistics are recalculated nightly. Major cities have dedicated pages, such as [Milan](https://immobilscan.it/en/property-auctions/milano), [Rome](https://immobilscan.it/en/property-auctions/roma) and [Naples](https://immobilscan.it/en/property-auctions/napoli); figures by court and province are in the [observatory](https://immobilscan.it/en/property-auction-statistics).

## Stages from seizure to notice

1. **Seizure (pignoramento).** It is served on the debtor and recorded in the property registers (art. 555 c.p.c.). From then on, the owner's acts concerning the property do not bind creditors.
2. **Appraiser and custodian.** The judge appoints an appraiser and, as a rule, a custodian to replace the debtor (art. 559 c.p.c.). When seizure was served after February 28, 2023, both are appointed together; previously the replacement came with the sale order.
3. **Appraisal.** The appraiser calculates area, value per square meter and total value, and sets out adjustments: absence of a warranty against defects, zoning regularization costs, condition, possession, remaining restrictions and unpaid condominium fees (art. 568 c.p.c.). The value set by the judge becomes the starting price for the first attempt.
4. **Sale order (ordinanza di vendita).** At the hearing under art. 569 c.p.c. the judge issues the [sale order](https://immobilscan.it/en/property-auction-glossary#ordinanza-di-vendita) and almost always delegates the sale to a professional (art. 591-bis c.p.c.). The order sets the bid deadline, deposit, minimum increment, bidding method and deadline for the balance. For the first attempt the bid deadline is between 90 and 120 days.
5. **Notice and publication.** The delegate publishes the [notice of sale](https://immobilscan.it/en/property-auction-glossary#avviso-di-vendita) with the appraisal, order and photos. This is where you find it.

If an attempt receives no bids, the process resumes at step 5 with a lower starting price and a new deadline of 60 to 90 days (art. 591 c.p.c.). See [failed auctions and price reductions](https://immobilscan.it/en/guides/failed-auction-price-reduction).

## Sale methods

Sales can use different methods set by the judge in the order. Read the notice carefully to understand how and when to submit a bid.

- Sealed-bid sale (vendita senza incanto): bids are submitted in sealed envelopes, on paper or electronically; if there are several bids, bidders compete.
- Online sale (vendita telematica): the bid and any competition take place on an authorized portal through an online sale operator. The requirement was introduced in 2016 and became effective in April 2018. The judge may exclude it only if it harms creditors' interests or the speed of proceedings (art. 569 c.p.c., D.M. 32/2015).
- Open-bid auction (vendita con incanto): now uncommon. The judge orders it only if a price at least 50% higher than the property's value is considered likely (art. 591 c.p.c.).

Online sales take three forms. In synchronous sales, bidders connect at the same time and bid in real time. In asynchronous sales, bids are made during a window of 24 hours to one week according to the order, without everyone being online together. In mixed synchronous sales, paper bidders attend before the delegate while online bidders use the platform. Digital signatures, PEC and stamp duty are explained in [synchronous and asynchronous online auctions](https://immobilscan.it/en/guides/online-auctions-synchronous-asynchronous).

## Deposit, bid and award

To participate, deposit at least 10% of the bid according to the notice. On a €75,000 bid, that is at least €7,500.

A bid cannot be below the minimum bid (offerta minima). In property enforcement proceedings it can be up to one quarter below the starting price (prezzo base) (art. 571 c.p.c.). In insolvency proceedings and tax collection sales the notice governs, and the minimum bid often equals the starting price.

Anyone except the debtor may bid personally or through a lawyer (arts. 571 and 579 c.p.c.). Special cases are explained in [who can bid](https://immobilscan.it/en/guides/who-can-bid-at-judicial-auction). A bid is ineffective if late, below the minimum or submitted without the deposit. Once submitted it is irrevocable: it remains valid until the auction and, in any event, for 120 days if not accepted sooner.

The day after the deadline the delegate opens the bids (art. 569 c.p.c.; the notice sets the time):

- **No bids**: the auction fails.
- **One bid** at or above the starting price: it is accepted. A bid between the minimum and starting price is normally accepted, unless the delegate sees a serious prospect of a better sale at another attempt or a creditor has requested assignment (art. 572 c.p.c.).
- **Multiple bids**: bidding starts from the highest bid, with increments at least equal to the minimum in the notice (art. 573 c.p.c.). If nobody raises, the best bid wins, considering price, deposit and payment timing, even if its bidder is offline.

If accepted, you become the winning bidder (aggiudicatario). You must pay the balance by the deadline, which cannot exceed 120 days after the award (art. 569 c.p.c.). The judge may allow installments of up to 12 months only for justified reasons.

If the balance is late, the judge declares forfeiture and retains the deposit. If the new sale yields less, you also pay the difference (art. 587 c.p.c.). For proceedings where seizure was served after February 28, 2023, you must also submit the anti-money-laundering declaration by the same deadline (art. 585 c.p.c.); failure to submit it also causes forfeiture (art. 587, as amended by D.Lgs. 164/2024). Earlier proceedings follow the previous rules and the judge's order.

See [minimum bids and increments](https://immobilscan.it/en/guides/minimum-bid-judicial-auction) and [the costs of bidding](https://immobilscan.it/en/guides/costs-bidding-at-judicial-auction).

## Transfer decree and vacating the property

After payment, the judge issues the transfer decree (decreto di trasferimento), the instrument that makes you the owner, equivalent to a notarial deed. It also orders cancellation of mortgage liens and seizures on the property.

If the property is occupied, the judge orders it vacated through the custodian. Check this before bidding because it affects timing and costs.

The [transfer decree](https://immobilscan.it/en/property-auction-glossary#decreto-di-trasferimento) (art. 586 c.p.c.) transfers ownership like a notarial deed. It is a title for registration and an enforceable title for delivery.

Amended art. 560 c.p.c. distinguishes two cases for seizures served after February 28, 2023; earlier proceedings follow the previous rules and the judge's order.

- A debtor living there with family may stay until the transfer decree. Vacating is ordered with the decree and carried out by the custodian in the winning bidder's interest and at no cost to them, unless the bidder releases the custodian from that duty. The judge may bring it forward if the debtor obstructs viewings or fails to preserve the property.
- If the debtor does not live there, or someone occupies it without a right enforceable against the proceedings, vacating is ordered earlier, no later than the sale order.

A tenant with a lease bearing a certain date before seizure is different. The lease may be enforceable and remain until expiry. See [occupied property](https://immobilscan.it/en/guides/occupied-property-vacating) for timing and common cases.

## The buyer's journey in brief

Read the notice and appraisal, view the property with the custodian, and calculate the price, taxes and work. Submit the bid and deposit before the deadline and participate in bidding. If you win, pay the balance and receive the transfer decree.

See the [practical guide to buying at auction](https://immobilscan.it/en/guides/guide-buying-at-judicial-auction) for each step, checks and a timeline.

## Why assess market value before bidding

The starting price comes from the appraisal but may differ from the area's current market value, sometimes in your favor and sometimes not. Comparing it with an independent estimate helps determine whether the lot is an opportunity.

The appraisal may be one or two years old. After each failed auction the price falls under the procedure's rules even if the local market has remained stable. ImmobilScan's search and auction listings are free. With an account you can also see previous attempts and an estimated value calculated from local OMI values and comparable properties for sale. See [starting price and market value](https://immobilscan.it/en/guides/auction-base-price-vs-market-value).

## Legal references

- Codice di procedura civile: arts. 490 and 631-bis (PVP publication and termination), 555, 559 and [560](https://www.brocardi.it/codice-di-procedura-civile/libro-terzo/titolo-ii/capo-iv/sezione-i/art560.html) (seizure, custody, vacating), 568, [569](https://www.brocardi.it/codice-di-procedura-civile/libro-terzo/titolo-ii/capo-iv/sezione-iii/art569.html), 571, 572, 573, 579, [585](https://www.brocardi.it/codice-di-procedura-civile/libro-terzo/titolo-ii/capo-iv/sezione-iii/art585.html), 586, [587](https://www.brocardi.it/codice-di-procedura-civile/libro-terzo/titolo-ii/capo-iv/sezione-iii/art587.html), [591](https://www.brocardi.it/codice-di-procedura-civile/libro-terzo/titolo-ii/capo-iv/sezione-iii/art591.html) and 591-bis.
- Codice civile: art. 2922 (forced sale without warranty against defects).
- D.M. 32/2015 (online sales).
- D.Lgs. 149/2022 (Cartabia reform), art. 35, and D.Lgs. 164/2024, art. 7: the new rules apply to proceedings started after February 28, 2023.
- D.Lgs. 14/2019 (Codice della crisi d'impresa), art. 216.

## Frequently asked questions

### Do I need a lawyer to bid?

No. You may bid personally, on paper or online according to the notice. If you do not bid personally, only a lawyer may represent you (art. 571 c.p.c.). Only a lawyer may also bid for a person to be named after the award (art. 579 c.p.c.).

### How much is the deposit?

At least 10% of the bid, in the manner and by the deadline in the notice; the order may require more. If you do not win, it is returned. If you win and fail to pay the balance, you lose it.

### Can I view an auction property?

Yes. Ask the custodian through the listing on the Public Sales Portal if online booking is active for that property, or use the contacts in the notice. A debtor living there must allow the visit (art. 560 c.p.c.). It is the most useful check before bidding.

### Who actually conducts the auction?

In most cases the professional delegated by the judge (art. 591-bis c.p.c.) receives bids, conducts bidding, collects the balance and prepares the decree. In insolvency proceedings the trustee conducts the sale. The notice always gives the name and contacts.

### How long from winning to receiving the keys?

Pay the balance by the notice's deadline, at most 120 days. There is no statutory deadline for the decree; after payment timing depends on the court. If the debtor lives there, vacating starts with the decree and can take longer.

### How does a judicial auction differ from a notarial auction?

A judicial auction arises from enforcement or insolvency proceedings and is directed by a judge. A body's notarial auction is a voluntary sale governed by its call for bids (bando): see [notarial auctions and public asset sales](https://immobilscan.it/en/guides/notarial-auctions-public-asset-sales).

### Where can I find judicial auctions near me?

On the Public Sales Portal or [ImmobilScan](https://immobilscan.it/en/auction-search), where you can filter by region, province and municipality without registering. There is also a list by [court](https://immobilscan.it/en/property-auctions/courts). In property enforcement the competent court is where the property is located; in insolvency proceedings it is the court handling the proceedings, and the property may be elsewhere.

Law verified on October 24, 2026.