The lawsuit for cancellation of the tender is a lawsuit that allows for the cancellation of the tender conducted by the enforcement office if any violation of the law is found in the tender. In fact, the cancellation of the tender is more of a complaint than a lawsuit.
What are the reasons for canceling a tender?
Irregularities that may lead to the cancellation of a tender may arise during the preparation stage of the tender, at the time of the tender, or in the form of tampering with the tender. Therefore, in these cases, it is possible to file a lawsuit to cancel the tender. The irregularities that lead to the cancellation of a tender are as follows:
Failure to serve the sale notice, improper service of the notice, or service of the notice to the principal instead of the representative.
In real estate sales, less than one month between the sale date and the sale notice.
More than two years have passed since the valuation on which the sale is based.
Objections to the valuation are rejected without review.
The seizure or enforcement having lapsed due to the sale not being requested within the time limit.
The auction being conducted without complying with the schedule and procedure specified in the notice.
The auction being held at a location other than that specified in the notice.
The absence of an auctioneer at the auction.
The auction not being conducted within the start and end times specified in the notice.
The sale price not covering 50% of the estimated value and the costs of conversion and distribution, or exceeding the priority claim.
Prevention of participation in the auction.
The goods not being sold at their actual value.
Behavior that prevents the auction from being conducted under normal conditions.
The occurrence of any of the reasons listed above is sufficient to file a lawsuit for the cancellation of the auction.
Who Can File a Lawsuit for the Cancellation of the Auction?
Who can file a lawsuit for the cancellation of the auction may vary depending on whether the goods subject to the auction are movable or immovable.
If the goods subject to the auction are movable, only the creditor or institution requesting the sale, the debtor, and those participating in the auction by bidding may file a lawsuit for the annulment of the auction.
If the property sold at auction is immovable, only the creditor or institution seeking the sale, the debtor, those participating in the auction by bidding, and the relevant parties in the land registry can file a lawsuit for cancellation.
Against Whom Can an Action for Annulment of the Auction Be Filed?
Although it is referred to as an action for annulment of the auction, since the annulment of the auction is actually a means of complaint, there are no clear concepts of plaintiff and defendant in an action for annulment of the auction, and the participants in the auction are referred to as interested parties.
Therefore, the person requesting the cancellation of the auction must file the lawsuit against all other interested parties. However, the fact that the person requesting the cancellation of the auction does not name all other interested parties as the opposing party does not necessitate the dismissal of the lawsuit for cancellation of the auction. In this case, the enforcement court invites the other interested parties who are not named as the opposing party to the court and gives them the opportunity to defend themselves.