How e-Leilões works
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Short answer
e-Leilões is the platform run by Portugal's Order of Solicitors and Enforcement Agents where assets seized in court proceedings are sold by online auction. Bids start at 50% of the base value, but the asset can only be sold for 85% or more. Bidding is free and the winner has 15 days to deposit the price.
What e-Leilões is
e-Leilões is the official (leilão eletrónico) platform for sales made in court enforcement proceedings. It is managed by the Order of Solicitors and Enforcement Agents (Ordem dos Solicitadores e dos Agentes de Execução, OSAE) and its rules were approved by Order (Despacho) 12624/2015 of the Minister of Justice.
An enforcement case is one where a creditor (the ) asks the court to have the debtor's assets sold to pay the debt. The debtor is the . A sale made in that case is a (venda judicial).
Article 837 of the Code of Civil Procedure (Código de Processo Civil, CPC) says seized real estate is sold "preferably by online auction". This is why most judicial property sales go through this platform.
The platform can also be used in other proceedings, such as cases (article 17 of the rules).
e-Leilões is not the same as Tax Authority auctions. The Tax Authority sells on Portal das Finanças under different rules. See how to buy a house at a Tax Authority auction.
Who puts assets up for sale
The property is put up for auction by the (agente de execução): the professional who runs the case, carries out the (penhora) and handles the sale. The agent is responsible for the information in the listing (article 4 of the rules). OSAE runs the platform but is not liable for the description or condition of the assets (article 10).
Each listing must state, among other things, the case and court, the dates, the , the location of the property, its and , photographs, the contact details of the (fiel depositário) and viewing hours, and any (ónus) that do not lapse with the sale (article 6 of the rules).
How to register to bid
Browsing auctions is open and free. To bid you must be registered.
According to the platform's FAQ, you log in with:
- the digital certificate of a Portuguese Citizen Card (Cartão de Cidadão) or the Digital Mobile Key (Chave Móvel Digital); or
- a registration form, printed and with the signature certified in person by a solicitor, lawyer or notary. In this case the account is activated within 5 days of the request being received.
The rules define a user as a natural person with a Portuguese tax number (NIF). The form asks, among other details, for an address in Portugal and the IBAN of a bank account in Portugal (article 3).
Companies do not have their own account. They bid through a registered person who declares that they represent them. Anyone who declares powers they do not have becomes personally liable for the bid (article 7).
The Portuguese authorities state on the European e-Justice Portal that access to the e-Leilões website is limited from outside Portugal. If you are abroad, see buying at auction in Portugal as a foreigner.
The three values in every auction
| Value | What it is | How much |
|---|---|---|
| (valor base) | The value of the asset set in the case | Set by the enforcement agent |
| (valor de abertura) | The lowest bid the platform accepts | 50% of the base value |
| (valor mínimo) | The value from which the asset can be sold | 85% of the base value (in some cases, equal to the base value) |
For real estate, the base value is the higher of two figures: the (VPT) assessed less than six years ago, or the market value (CPC, article 812). The 85% comes from article 816(2) of the CPC.
Conditional bids
A between the opening value and the minimum value is called a "conditional bid" (licitação condicional). It is recorded but does not win the asset. It may be used later in the case as an offer to buy by (article 2 of the rules).
Illustrative example. For a property with a base value of €100,000, the opening value is €50,000 and the minimum value is €85,000. A bid of €60,000 is conditional. A bid of €85,000 or more can lead to a sale.
How the auction runs
- Length. The end of the auction is set for a day when courts are open, between 20 and 60 days after the listing fee is paid, with an end time between 9:30 and 12:30 (article 4 of the rules).
- Minimum increment. Each new bid must beat the highest one by at least 1%, or by €10 if 1% is less than that (article 7). Each raise is called a .
- 5-minute extension. If a bid comes in during the last 5 minutes, the end moves to 5 minutes after that bid. The cycle repeats until 5 minutes pass with no new bids (article 7). Bidding in the last second gives no advantage.
- Anonymity. The public sees the amount, date and time of each bid, not who made it.
- No going back. Bids cannot be withdrawn (article 7).
- Cost. Bidders pay nothing to the platform. The listing fee is paid by the party promoting the sale (article 12).
On e-Leilões you do not hand over a (caução) to bid: the platform rules do not provide for one. This does not make a bid a light matter. A winner who does not deposit the price may have their assets frozen and be pursued in the same case for the missing amount, under article 825 of the CPC (annex I of the rules).
What happens after the auction ends
- Certification. From 14:00 on the closing day, an enforcement agent publicly certifies the end of the auction (article 8 of the rules).
- Steps in the case. The enforcement agent in charge of the case has 10 days to complete the steps needed for the bid to be accepted, under the rules for sale by .
- Notification. The enforcement agent publishes the notification on the platform. The bidder is deemed notified on the third day after publication. It is up to each user to check the result (article 10).
- Deposit of the price. Once notified, the buyer has 15 days to deposit the price to the order of the enforcement agent (CPC, article 824(2)).
- Taxes. The buyer pays (property transfer tax) and . See the costs of buying at auction.
- Title and registration. With price and taxes paid, the enforcement agent issues the (título de transmissão) and reports the sale to the land registry, which cancels the registrations that lapse (CPC, article 827).
Only at step 6 is there an (adjudicação), the formal handing of the asset to the buyer.
Having the highest bid is not the same as owning
The e-Leilões FAQ says it plainly: the highest bid does not mean the asset will be handed over. The outcome can change because of:
- payment of the debt or a payment agreement;
- the exercise of a or the (the right of the debtor's spouse, descendants or ascendants to take the asset at the same price);
- the debtor's insolvency;
- a complaint or irregularity that invalidates the sale.
Holders of these rights exercise them in the case, before the enforcement agent, not on the platform (article 13 of the rules).
What the platform does not assure
- Condition and warranty. Unless stated otherwise, assets are sold without warranty.
- Permits. There is no assurance that properties have a (licença de utilização), or that the permit matches what exists on site. Regularising the property falls to the buyer.
- Alerts. Email or SMS alerts are voluntary. A missing alert is not an excuse.
So, before bidding, read the full listing, get the and visit the property. Current auctions are at /e-leiloes.
Private negotiation on e-Leilões
The platform also publishes assets under private negotiation. There is no auction in that case: you submit an offer to the person managing the case. The platform itself warns that this sale "is not subject to the same rules as the online auction" and that other offers may have been made directly to the case manager.
This guide is general information about the law and the platform's public rules. It is not legal advice. Confirm the conditions of each sale in the official listing and with the enforcement agent named in it and, if in doubt, with a lawyer or solicitor.