An interested party wants to buy your house privately. At the same time, an enforcement auction (Zwangsversteigerungsverfahren) is already pending in Germany. Two separate processes therefore arise: the potential purchase contract and a court procedure. A friendly sales discussion or a promised notary appointment does not by itself indicate the actual status of the procedure.
Make the judicial status the starting point
§ 20 ZVG links the order for the auction (Anordnungsbeschluss) with an attachment (Beschlagnahme) in favour of the creditor. [ZVG-20] What consequences this has in the concrete case for a private sale and its execution therefore belongs early on in competent legal advice. A general sales advertisement does not answer this question.
Our editorial recommendation: compile file numbers, served orders, known dates and involved creditors in full. Distinguish a received court order from a telephoned hope that there will be more time. Questions of deadlines are checked immediately on the basis of the actual services; this article does not calculate an application deadline.
A sales plan does not replace a suspension
§ 30a ZVG provides, under its conditions, for a preliminary suspension at the debtor's request. The provision also contains reasons for refusal and possible conditions. [ZVG-30a] It does not promise an automatic pause as soon as a buyer is named.
For this reason, give the advice reliable facts about the possible sale: which property, what actual status of interested parties, what financing statement and what proposed procedure? Whether and which declaration or decision is required is determined by the specialist examination. This article is not a template for a court application.
An invented buyer a week before the hearing
A owner hears that the interested party can sign quickly. He therefore wants to inform all parties that the auction is over. However, a confirmed judicial change is not in place.
Instead, he must immediately provide the concrete offer and the case file to his advisers. They can clarify the actual course with the responsible parties. Until a reliable new procedural status exists, an old court date will not be removed merely from a private calendar.
Consider proceeds and redemption together
A free purchase price alone does not prove that all claims, costs and releases relevant to the process are covered. Which parties must be included and how is examined in the proceedings and according to the rights. Do not unilaterally transfer partial amounts in the expectation that this will resolve every auction issue.
The actual status is also explained to the interested party. The aim is an executable process whose schedule is based on confirmed prerequisites. An unchecked promise “the court date will certainly be cancelled” would turn an open problem into a false sense of security.
Track two closings
Keep the execution of the sale and the judicial procedural status separate. Each requires the appropriate confirmation from the responsible authority. Only the coordinated overall solution shows whether the planned private sale can actually provide the intended alternative.