You have been awarded the bid in a German foreclosure sale. The house continues to be occupied and the keys have not yet been handed over. For the further course of action you must consider the award, existing possession rights and the actual procedure for surrender together.
The award is not a private eviction order
§93 ZVG provides for enforcement of the award decision to demand evacuation and surrender against the possessor. The provision also specifies a limit: it should not take place if possession is based on a right that has not been extinguished by the award. [POSSESSION]
Therefore have the concrete position of the persons using the property examined first. Who lives there and on what basis? A former owner, a tenant and other users must not be legally equated merely because they share the same address. This article does not decide on any continuing tenancy or other possession right.
Establish the correct documentary basis
Collect the award decision, auction documents and any known documents concerning use. Record which statements about occupancy existed before the bid and which are newly emerged. An older statement that the property was vacant is not a current confirmation if you have since learned otherwise.
Our editorial recommendation: Ask legal advice to explain the appropriate further procedure and the evidence required for it. Ask for the concrete prerequisites for enforcement, rather than setting a private eviction appointment. This article does not confirm the enforceability of any particular decision.
Hypothetical case: The planned tradesperson appointment is before surrender has been clarified
A purchaser wishes to begin renovations a week after the award. However, people live on site whose legal basis for use has not yet been clarified. He is considering gaining access with a locksmith.
Instead, he has the possession situation and the legally appropriate transfer examined and organises the construction schedule accordingly. The example does not promise a short-term eviction success. It shows why having your own renovation plan does not create the authority to end a use that is still unresolved.
Prepare a voluntary surrender precisely
If a voluntary surrender is discussed, the scope, participants and actual state of the handover should be clear. Have important legal declarations reviewed. Handover of keys by a single person encountered on site can leave open the question of other users or rights.
If a surrender that is actually permitted takes place, document the areas handed over, keys and the condition. This article does not provide instruction on disposal of items left behind and contains no general rule about possible usage payments. These points must also be assessed separately if necessary.
Align your own move-in with the clarified situation
Plan alternative accommodation, tradespeople and further appointments with visible dependencies. An expected imminent move-out is not yet a confirmed free surrender. Conversely, an unresolved use must not disappear from your cost planning.
Your result should explain which rights still need to be examined and which confirmed next step towards actual surrender is planned. Then you can organise the further acquisition process without inferring a private eviction authority from the award alone.