Private negotiation (negociação particular)
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Negociação particular is a sale method in which a person appointed in the proceedings looks for a buyer and receives offers directly, without an auction.
Negociação particular is usually what happens when the other methods fail. In civil enforcement, the sale moves to private negotiation when or the attract no bidders, when the judge recognises urgency, or when one party proposes a buyer or a price that the others accept (CPC article 832).
The sale is entrusted to an appointee: this may be the or, for real estate, an estate agent (article 833). The buyer deposits the price before the sale document is drawn up.
In tax enforcement, private negotiation is possible in the cases listed in CPPT article 252, and the sale is published online with the base value and the negotiator's details.
Example
Illustrative example: a property with a base value of €100,000 goes to auction on e-Leilões and the highest bid stops at €60,000, below the minimum value of €85,000. It is not sold at the auction. The proceedings move to private negotiation and interested buyers submit offers to the person in charge of the sale.
In practice, at an auction
There is no visible closing time and no public bid history as in an auction. e-Leilões warns, before accepting an offer of this kind, that this kind of sale does not follow the electronic auction rules and that other offers may have been handed directly to whoever manages the case. Offers below the generally depend on the agreement of the parties to the proceedings. Contact the person in charge named in the listing and confirm the conditions in writing.