Only for company shares and IP rights
We auction on behalf of the entitled parties (consignor) in the name and for the account of third parties (consignor) on the basis of contractual or statutory pledges.
Auctioneer:
F. Eberhard Ostermayer - general, publicly appointed and sworn auctioneer
Everything you need to know: our friendly avatar Julia explains in the video how an auction at Deutsche Pfandverwertung works > Overview of auction dates.
1 used Bentley car, type Continental GTC SP, convertible, first registration 28.07.2010, mileage 112.275.
According to the Bentley workshop, the engine has been completely overhauled. Note: small lamp (front) lights up due to airbag; boot lid lock is jammed. Two new batteries have been installed; the vehicle starts and is ready to drive.
According to the Bentley workshop, the service book and all TÜV certificates are available.
Keys are available. (Vehicle registration certificate and vehicle registration document are not available, but can be obtained with our certificate from the responsible registration office).
First asking price 20,000 euros plus 20 % premium and VAT on the premium.
Errors and omissions excepted. No guarantee is given for the completeness and correctness of the information, photographic material or inventory list of the auctioned goods provided to us by the client. Independent Review; No Reliance.
Each bidder shall be solely responsible for its own independent review, investigation, verification and analysis of all information and documentation made available in connection with the process. Any bid or other offer submitted by a bidder must be based solely upon such bidder’s own independent assessment and judgment and shall not be made in reliance upon any information, documents, statements, forecasts, projections, representations or warranties, whether written or oral, provided by or on behalf of the seller, any secured party, or any of their respective representatives.
Please note that all items may be withdrawn at short notice, even on the day of the auction, due to legal requirements or may be called at different conditions. The conditions for calling during the current auction apply. There is no entitlement to be called. Items can also be called in their entirety. Due to possible technical problems, the timeliness of the information cannot be guaranteed.
For equity interests and IP rights, all documents and information provided to us by the secured creditor can be made available in the data room (VDR) upon execution of an NDA (see form on the left-hand side).
Items (movable property) or bearer instruments — including bearer shares — acquired at a public auction are always acquired in good faith pursuant to section 935(2) BGB.
The item is offered pursuant to Section 445 German Civil Code (BGB), excluding any warranty. There is no right of withdrawal from the purchase contract. The German Distance Selling Act (FernAbsG) does not apply to public auctions. Prospective bidders are advised to inspect the items prior to participating in the auction.
In the case of assets/items: Viewing is only permitted for persons with full legal capacity and only in person. Viewing at your own risk, only with an original signed declaration of release from liability (form will be sent to you by PDF with your request and must be presented at the viewing appointment).
If you would like an appointment to view the auctioned items (goods), please complete this form:
Only persons with full legal capacity or companies or their legal representatives who have full legal capacity and have sent us an extract from the commercial register or proof of power of attorney are eligible to participate in the auction.
A necessary prerequisite and condition is the timely (up to 24 hours before the auction date) registration - in the case of online live on our own auction platform (> link) - in advance and confirmation by us or the timely submission of a written bid form (for written or telephone bids > column on the left) in advance with your desired price in order to be admitted to the auction. To prevent you from being outbid, you can also bid live online (> 4.).
For identification purposes under the German Anti-Money Laundering Act (GwG), a security deposit of EUR 1.00 must be transferred to us from your personal bank account and credited to our account no later than 24 hours before the auction. Our bank details will be provided once your written bid form has been accepted. The EUR 1.00 will be refunded promptly by bank transfer after the auction has ended. If your identity is already known to us, no further transfer of this amount is required. New registrants for online live bidding who also submit a written bid form (for example, as an absentee bid) are required to transfer EUR 1.00 only once.
1st bids: There is no minimum price for the realization of liens.
In principle, all bids will be accepted. However, to have a realistic chance of success with advance bids, your pre-bid should be fair and in line with market value. The guide price indicated by us is for guidance only.
You can either submit a written bid in advance (> 2.) or an online pre-bid or bid by telephone (on request) or online-live at the start of the auction. Online pre-bids and live bidding are explained below under point 4, including the necessary online registration.
2. Written bid stating your desired bid price
If you are interested in the auction item and wish to bid in writing or by telephone (upon request), please submit your desired bid price to us by means of the bid form no later than 2 days prior to the start of the auction. For telephone bidders, the written bid shall also serve as a security bid.
If your desired bid is the highest in the auction, you will automatically win the bid.
Note for the bidding form and for online bidders: Please take into account the total price you are prepared to pay. This is made up of the hammer price and the premium, according to the premium scale. You decide what you want to pay in total.
Example: You place a written bid of 1,000.00 euros. The premium is added to this. Example: With a buyer's premium of 25%, this is 250.00 euros. The amount of the buyer's premium is not important to you, as you determine the total value of the auctioned item including the buyer's premium.
We only charge VAT on the buyer's premium. In the example of a 25% buyer's premium on the hammer price of 1,000 euros, the VAT amounts to 47.50 euros. In this example, you would receive the auctioned item for a total of 1,297.50 euros.
Note: No VAT is levied on the hammer price itself, as it is a non-taxable realization by virtue of a statutory lien or other security rights in rem (so-called surrogation in rem pursuant to Section 1 (1) No. 1 UStG analogously in conjunction with the case law of the BFH). case law of the BFH).
3. premium scale
The highest bidder will be charged a premium plus 19% VAT on the premium according to the following scale:
18 % plus VAT for a hammer price (purchase price) of € 100,000 to € 199,999.99
15 % plus VAT for a hammer price (purchase price) of € 200,000 to € 349,999.99
12 % plus VAT for a hammer price (purchase price) of € 350,000 to € 499,999.99
10 % plus VAT for a hammer price (purchase price) of € 500.000,-€ to 699.999,99 €
8 % plus VAT for a hammer price (purchase price) of 700.000,-€ to 999.999,99 €
6 % plus VAT for a hammer price (purchase price) of 1.000.000,-€ to 3.999.999,99 €
3 % plus VAT from a hammer price (purchase price) of 4.000.000,-- €.
The hammer price (excluding buyer's premium) is shown without VAT.
4. online live bidding / online pre-bids
For participants who only want to bid live, please register in advance (> red button below). If you wish to bid more than your (written) pre-bid, you can also participate in the online live bidding and adjust your bid.
Activation of the online auction platform (online auction with live stream) will be given to new registrants after receipt of the security deposit of EUR 1 to verify their identity. As soon as you have activated the confirmation link for your online live bidding registration (check your spam folder if necessary), you will receive the payment information.
To place online bids or to participate in online live bidding, register here in good time (if not already registered on the auction platform):
5. start of auction
6. Award of the Lot and Payment
Upon acceptance of the bid, the auctioned item becomes the irrevocable property of the bidder.
Payment in euros is due immediately after acceptance of the bid by online instant bank transfer(payment with immediate effect on liquidity) from the bidder's personal account or from the business account in the case of commercial bidders. Payment must be made in full (hammer price plus premium and VAT on the premium). As trustee, we must ensure payment. We reserve the right to require all bidders for whom it is not possible for us to obtain sufficient credit information to pay an appropriate deposit (security deposit) by bank transfer. Alternatively, this can be done by means of a bank guarantee.
7. collection / handover
Collection - or, in the case of rights, handover by transfer agreement - shall take place after full payment of the hammer price and the premium (plus VAT on the premium) and after release by us to the client.
The buyer must arrange a collection date with the client immediately after we have received payment.
Collection is usually carried out at the buyer's own responsibility and expense within seven days.
On collection, the buyer confirms in writing that he has received the auctioned pledged property in full.
In the case of rights, the rights are transferred by means of a corresponding transfer agreement instead of collection. This is to be carried out at short notice after full payment; the buyer must ensure this immediately, usually by commissioning a notary.
8. further information
Note on bid acceptance: The buyer's bid will be accepted approx. 20 seconds after receipt in accordance with § 156 BGB against the highest bid. Upon acceptance of the bid, the risk is transferred to the bidder. The bidder bears the responsibility and costs for the transportation of the auctioned item.
Note on payment: We act in a fiduciary capacity for creditors and debtors and are obliged to ensure immediate payment. Subsequent bank transfers are therefore unfortunately not possible. As trustee, we must ensure payment. We reserve the right to require all bidders for whom it is not possible for us to obtain sufficient credit information to pay an appropriate deposit (security deposit) by bank transfer. Alternatively, this can be done by means of a bank guarantee.
Note on collection - handover: Any claims for compensation arising from late acceptance are assigned to the client. The local conditions at the auctions vary. It is the buyer's responsibility to check the collection conditions on site. Ostermayer & Dr. Gold GbR shall not assume any costs for collection expenses incurred by the buyer. In the event of late collection, we will clear the property and charge the costs in accordance with the auction conditions.
1. Auction Procedure
The General Terms and Conditions of Ostermayer & Dr. Gold GbR shall apply. The auction will be conducted publicly and will be open to all participants through written and digital bidding during the auction process. Ostermayer & Dr. Gold GbR reserves the right to make participation in the auction and/or the award of a lot subject to prior registration of the bidder and/or the provision of a security deposit or purchase price deposit.
2. Payment of the Purchase Price and Transfer of Ownership
The purchase price payable upon a binding award of the lot (including the buyer’s premium and VAT on the buyer’s premium, if applicable) shall be due immediately and must be paid by instant bank transfer from the buyer’s personal bank account. Any other form of payment shall be rejected for reasons of compliance with the German Anti-Money Laundering Act (GwG). In the event of late payment of the purchase price, the sale of the pledged items shall be subject to the express reservation that all rights of the buyer shall be forfeited pursuant to Section 1238 (2) of the German Civil Code (BGB). Delivery and transfer of ownership of the respective auctioned item shall only take place once the purchase price has been paid in full.
3. Exclusion of Warranty
All information contained in the auction notice is provided solely for the purpose of identifying the relevant auction item and does not constitute any description of, or any representation or warranty regarding, its condition or quality. No warranty is given for defects in quality or title of the auctioned items, whether by our principals or by Ostermayer & Dr. Gold GbR. The General Auction and Sale Terms and Conditions for Pledge Enforcement Auctions / Private Sales of Ostermayer & Dr. Gold GbR shall apply, together with the statutory provisions governing public pledge auctions, in particular Sections 445 and 1242 of the German Civil Code (BGB).
4. Auction items / bids:
5. Governing Law and Arbitration
Any disputes with entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) arising out of or in connection with the contract or its validity shall be finally settled by arbitration, to the exclusion of the ordinary courts, in accordance with the Arbitration Rules of the Chamber of Industry and Commerce for Munich and Upper Bavaria (IHK Munich). The arbitration shall be conducted by a sole arbitrator. The seat of arbitration shall be Munich, Germany. The language of the arbitration proceedings shall be German. The substantive law of the Federal Republic of Germany shall apply.
For contracts with persons who are not entrepreneurs, the law of the Federal Republic of Germany shall apply to the contract, its performance and any claims arising therefrom. To the extent legally permissible, the place of jurisdiction shall be the competent court at the registered office of the contractor.
