Firstly, the lawyer must investigate in detail whether, in addition to the imbroglio that led to the determination of the auction, there is any other problem related to the property, which could put the acquisition of the asset at risk.
At this stage, it is important to analyze the property's registration regularity and the existence of other processes related to it , where, for example, possession or ownership are discussed.
Such analysis is necessary to identify risks that may accurate mobile phone number list compromise the acquisition and ensure that the interested party understands the steps following the auction, if successful.
Analysis of the economic opportunity of the business
A good specialist will also be able to assess the financial viability of the acquisition, taking into account the market value of the property , the minimum price established at auction and possible additional costs (such as fees and taxes not included in the execution and possible expenses with the transfer of possession).
This analysis will help the interested party understand whether the investment is advantageous and whether the risks are aligned with their investor profile and needs.
Assistance in the auction stages
The lawyer specializing in auctions will also guide interested parties through all stages of the procedure , ranging from preparation for the act, including due diligence , to active participation in bidding and, after the auction, regularization of the property and transfer of possession.
The professional's objective should be to ensure that their client is aware of the auction rules and requirements, assisting in defining a competitive bidding strategy and being able to represent the client during the dispute.
If there is an auction, the lawyer can also advise the client on regularizing the property and taking possession of the property, as we will see in more detail below.
Assistance after the auction
After the auction (act of acquiring the property) , the specialist lawyer must assist the successful bidder in regularizing the property, which includes:
the transfer of ownership and the payment of related fees and taxes ;
obtaining negative certificates;
the cancellation of any encumbrances or outstanding debts on the property; and
if necessary, adopt the necessary procedures to make the successful bidder's possession of the property effective.
Need to vacate the property
If the property purchased at auction is unoccupied, the successful bidder can take possession immediately, without any major complications.
However, if the property is occupied, either by the debtor of the debt that led to the auction, or by a tenant or another owner, the successful bidder must take certain measures to actually obtain possession of the property.
In this context, it will be up to the specialist lawyer to guide the client on the legal options for eviction, which may include amicable negotiations , extrajudicial notifications , or, if necessary, filing a lawsuit for possession.
This guidance, in fact, must be provided even before the auction takes place , as the condition of the property (whether or not it is occupied) is certainly a factor to be considered when assessing the viability of the acquisition and the prospect of profit from the deal.
Analysis of legal issues that may involve the property
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