LECTURE № 23. Bidding. Recognition of the auction as invalid

1. Bidding

The organizer of the auction must make a notice of the auction no later than 30 days before the auction. The auction notice must contain the following information:

1) the closing date for accepting applications;

2) trading time;

3) place of trading;

4) the subject of the auction;

5) the procedure for registration for participation in the auction;

6) form of bidding;

7) the procedure for conducting auctions;

8) starting price;

9) a list of documents to be submitted;

10) the amount of the deposit, the terms and procedure for its payment;

11) the procedure for determining the person who won the auction;

12) terms for concluding the contract.

The notice of the auction made by the organizer is an irrevocable offer, however, the organizer of the open auction, who made the notice, has the right to refuse to hold the auction. Refusal is accepted no later than 3 days before its holding, and during the competition - no later than 30 days. If the organizer refuses to hold an open auction in violation of the specified deadlines, he is obliged to compensate the participants for the real damage they have suffered. In case of a closed auction, the real damage is compensated regardless of the period of the organizer's refusal to hold an auction.

Bidders make a deposit. The amount, terms and procedure for making a deposit are indicated in the notice of the auction. If the auction does not take place, the deposit is refundable. The deposit is returned to persons who participated in the auction, but did not win it. When concluding an agreement with the person who won the auction, the amount of the deposit paid by him shall be counted towards the fulfillment of obligations under the concluded agreement.

After the auction or competition is held, the person who won the auction and the organizer of the auction sign a protocol on the results of the auction. Such a result has the force of a contract and is signed on the day of the auction or competition. In case of evasion from signing this protocol, the person who won the auction loses the deposit, and if the organizer evades signing the protocol, he returns the amount of the deposit in a double amount and compensates for the losses. If the subject is the right to conclude a contract, then it must be signed no later than 20 days; in case of evasion from signing by one of the parties, the other party has the right to apply to the court with a demand to conclude an agreement and compensate for losses.

2. Recognition of the auction as invalid

Bidding, during which the rules are violated, are declared invalid at the claim of the interested person. In this case, the contract itself, concluded with the person who won the auction, is also recognized as invalid.

The list of violations in the presence of which the auction may be declared invalid:

1) violation of the procedure for notification of tenders (notification of the procedure is a one-sided transaction);

2) refusal to accept an application for participation in the auction;

3) violation of the terms of consideration of the application;

4) concealment of information about a thing or a property right put up for auction;

5) unjustified refusal to sell a thing or property right;

6) refusal to pay;

7) disclosure of information about bidders before they begin;

8) violation of the rules of the bidding procedure.

An invalid contract does not entail legal consequences and is not valid from the moment of its execution. If the contract is invalid, each of the parties is obliged to return to the other party everything received under the contract, and if it is impossible to return what was received in kind, to reimburse its value in money (clause 2 of article 167 of the Civil Code of the Russian Federation).

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