You can attend the auction hearing, but the person who will actually acquire cannot. You have agreed a price limit and prepared the financing. That does not yet establish the authority to represent at the hearing. Before the bid, it must be clear on whose behalf you are acting, what authority exists and how its full proof will be available at the correct time.
Determine the intended purchaser role
Our editorial recommendation: clarify in advance whether you are to accompany only, purchase in your own name or bid for another person. For a joint purchase the persons involved and the intended scope are described explicitly. A friendly agreement about later distribution of ownership is not regarded as an already settled acquisition path.
Give exactly this constellation to the appropriate legal adviser and, for procedural questions, to the competent court. The general NRW bidder guidance also treats bidding for spouses as a case of representation requiring its own power of attorney proof. [GERICHT] Personal closeness therefore does not replace preparation.
Assign authority and proof separately
Section 71(2) ZVG requires, where the dependency on power of representation or consent described there exists, immediate proof by publicly certified document, unless the prerequisite is obvious to the court. An ineffective bid must be rejected. [NACHWEIS]
Have the content and form of your existing documents checked in good time. Does the mandate cover the concrete bidding or only the viewing and collection of documents? What consent is additionally required in your case? A simple message is not confirmed here as fulfilling the statutory documentary proof. Conversely, the statutory exceptional case of obviousness is not denied; whether it applies is not decided by this article.
Check every link where there are multiple levels
If a company is involved, in addition to your bidding power of attorney the authority of the person issuing it may need to be demonstrated. The BGH decided in 2026 on a case in which the certified bidding power of attorney did not replace the additional proof of the organ representation of its issuer. [KETTE]
As editorial preparation you should therefore map the actual connection from the acquiring person or company to the person appearing. For each necessary link the appropriate checked proof belongs. Possession of an impressively looking power of attorney does not automatically answer every upstream representation question.
Do not plan on court research during the hearing
The BGH made clear that the mere retrievability of a power of representation in the electronic commercial register does not already make it obvious. The judicial officer is not required to obtain that knowledge himself by consulting the register during the auction hearing. [KETTE]
Have the documents actually required obtained before the hearing and their interrelation checked. An online-findable status is not a substitute document confirmed by this article. If prerequisites are unresolved, do not continue planning on the assumption that there will be enough time during the hearing to procure them afterwards.
Hypothetical case: the hearing mandate goes beyond the existing power of attorney
An interested party asks his brother to collect jointly researched property documents and, if necessary, later to bid for him at the hearing. The existing power of attorney was originally prepared only for information and viewings. Both initially consider the subsequently discussed bidding mandate sufficient.
Before the hearing they present the actual mandate and the document for review. The required authority and the appropriate proof are clarified for the intended purchaser. The example does not determine any specific invalidity of the power of attorney. It shows why spoken mandate, document content and statutory proof must fit together.
Connect the clarified representation with the other prerequisites
Record procedure, purchaser and person appearing clearly in your hearing package. The current identity and procedural instructions of the competent court are additionally taken into account. For a new representation or changed acquisition planning the state of proof will be checked again.
Security deposit, bid limit and later payment remain separate necessary tasks; the linked financing article explains them. Properly prepared financing does not prove the power of representation any more than an appropriate power of attorney proves timely financing. This article prepares participation for another purchaser and does not decide any bid or award.