FULL NOTICE OF PUBLIC AUCTION
UNASSIGNED RESIDENTIAL REAL ESTATE UNITS BELONGING TO FARMACAP
The public auction shall be held on 11 October 2022 via online procedures through the Notarial Auction Network of the Notaries National Council.
FARMACAP – Azienda Speciale Farma-sociosanitaria Capitolina (Rome pharmaceutical, social and local health special company) holds for sale the ownership of unassigned real estate units belonging to the residential assets disposal programme pursuant to:
the 2021-2024 Redevelopment Plan approved via Resolution no. 35 by the Capital Meeting in the Public Session of 17 May 2022;
the Commissarial Resolution no. 7/2022 of 13 June 2022, following the preliminary proceedings carried out by the General Management, through which the real estate properties to be sold directly via public auctions were identified, along with their base bid price;
the Notaries National Council Convention of 13 November 2020 regarding the management of auctioning and sale procedures for real estate properties via online procedures;
the Book of Auctioning Conditions in force as of the date of this Notice.
The Auctions shall be carried out for each Plot, each constituting a real estate unit inclusive of any eventual adjacencies and pertinencies. The Plots List -fully documented (layouts, photos, etc.)-, the List of Notaries to whom bids may be submitted, this Full Notice of Public Auction as well as the Book of Auctioning Conditions and its Annexes (facsimile participation Forms) regulating the auction’s participation modalities and structure, as well as the procedures for booking any eventual visit to the assets, are made available on the official website of the Notarial National Council (www.notariato.it and www.avvisinotarili.notariato.it ), and with Farmacap (www.farmacap.info/).
The information related to the plots may be updated or amended via specific publication on the aforementioned websites, and it is the duty of each Bidder to review said eventual updates before submitting his/her bid.
The assets shall be held for sale in their totality, as found in fact and in law, together with any pertinence, existing facility and positive and negative easement where applicable.
Farmacap hereby prohibits the duplication via any means of the publications of either the auctions or the single plots to which they refer, as well as the dissemination of the relevant documents for commercial purposes, not recognizing the intermediation activities of third parties and reserving the right to call upon the competent authorities should this prohibition be violated.
Type of Auction
The Auction consists in the submission of printed, virtual or digitalised Sealed Bids equal to at least the base bid price identified in the Plots List to the Auctioneer or the Secondary Notary (or Notarial Auction Network Certified one, as listed on the official websites www.notariato.it and www.avvisinotarili.notariato.it).
In the event of a single valid Sealed Bid, the Auctioneer shall assign the Plot to the only Bidder, while in the event of multiple valid Sealed Bids, the Auctioneer shall proceed with the auction with the Bidders who submitted the three highest Sealed Bids (including all eventual ties, for both the highest bid and the other two bids) and with the consequent award of the plot in favour of the Bidder who, at the end of the auction procedure, shall have submitted the highest valid Open Bid.
The Auction shall be held in sessions of 3 minutes each, during which each Bidder may reserve a turn and submit an Open Bid of increasing value with regard to the Auction's base price and, in the following sessions, of increasing value with regard to the highest subsequent valid Open Bid, with a minimum raised bid of € 5,000.
In the absence of further valid increasing Open Bids, at the end of the auctioning session (3 minutes), the Auctioneer shall proceed with awarding the Plot to the highest Bidder.
Both in the absence of Bidders admitted to the Auction and in the event of their refusal to submit valid increasing Open Bids on the existing Sealed ones, the Bidder who submitted the highest bid shall be awarded with the Plot or, in the event of a tie, on the basis of the time in which the bid was submitted and recorded or, alternatively, via drawing lots.
Bidders shall provide a Guarantee Deposit, under penalty of exclusion, as a guarantee of their bid, amounting to 5% of the auction’s base price for each Plot, notwithstanding those cases in which the amount of the Guarantee Deposit is specified in the Plots List.
The Guarantee Deposit shall be provided, under penalty of exclusion, either via bank draft issued by a credit institution or via equivalent postal cheque with non-transferability clause made out to Farmacap or via bank transfer to the following IBNA: IT 54 A 01030 03200000004933167; SWIFT: PASCITMMROM (in the event of transfer from abroad), payable to Farmacap.
Either the Guarantee Deposit paid via bank draft or the transfer receipt must be submitted to the Notary (Auctioneer or Secondary) to whom the Bid was submitted.
Procedure for the Integration and Substitution of the Initial Guarantee Deposit
The Successful Bidder shall carry out a payment equal to 5% of the Plots Award Price within the essential term of fifteen calendar and consecutive days from the final award, under penalty of award revocation and final forfeiture of the initial Guarantee Deposit.
This payment shall be made out to the following IBAN via unique bank or postal transfer with “Payment of Guarantee Deposit for plot no. ” as reason for the payment, together with the name and surname of the Successful Bidder: IT 54 A 01030 03200 000004933167; SWIFT: PASCITMMROM (in the event of transfer from abroad), payable to Farmacap.
The cheque invoice shall be delivered to the Auctioneer or the Secondary Notary to whom the Guarantee Deposit was delivered, or submitted to the same via registered mail with return receipt or certified e-mail address within 15 days starting from the date of the final award.
The sales agreement may be signed also by the Notary (Auctioneer or Secondary) to whom the Bid was submitted, within 60 calendar and consecutive days starting from the award date. In the event of non-compliance, due to any fault or deed ascribable to the Successful Bidder, the latter shall be considered dismissed from the award and Farmacap shall have the right to forfeit the Guarantee Deposit, without prejudice to sue for larger damages.
Fees and Expenses
The fee for the creation of the Auction Report shall vary based on the complexity of each auction and on the value of the asset held for sale, in any event up to a maximum amount of € 1,200.00 plus VAT. Moreover, the expenses and taxes related to the Auction Report such as, by way of example, the expenses for stamps, accessories, taxes, duties and other fees, shall be borne too by the Successful Bidder. The aforementioned fees and taxes are to be fully borne by the Successful Bidder. Moreover, the Successful Bidder shall pay to the Auctioneer the expenses borne by the latter for the IT management of the Auction procedure at the amount of € 290 plus VAT for each awarded plot, plus € 50 plus VAT for each awarded plot for the publication on the "Notarial Notices" portal. The aforementioned amounts shall be paid by the Successful Bidder via bank transfer or cheque directly to the bank account identified by the Auctioneer within 30 days from the notice of award, and the payment receipt shall be provided to the Notary tasked with drafting the sales agreement on the day of its signature.
Considering that the sales agreement may be signed also by the Notary (Auctioneer or Secondary) to whom the Bid was submitted, each Bidder shall have the right to request, upon submitting the Bid, a rough estimate of the fees to be paid, pursuant to Art. 9 of Legislative Decree no. 1 of 2012, converted into Law no. 27 of 24 March 2012.
Body’s Rights and Powers
Pursuant to point 5 of the Book of Auctioning Conditions, Farmacap shall reserve the power to amend, suspend and/or terminate the auction and awarding procedures at any time up to the signature of the agreement, for motivated reasons, and the Bidder or the Successful Bidder shall not be entitled to make any claim against it, notwithstanding, in the event of the termination of the auction or of the awarding procedures, the obligation to reimburse the Guarantee Deposits, as well as the expenses borne pursuant to the Book of Auctioning Conditions. The Bidders or the Successful Bidder shall not be entitled to make any claim against the Farmacap for lost profits and/or for the costs borne for the submission of the Sealed Bid.
Should the real estate unit for which the Bid is submitted be illegally occupied or should it become illegally occupied during the auctioning procedure, the sales agreement shall be signed upon the actual delivery of the real estate unit free of tenants and objects and, in any case, not later than six months from the final award. In the event of failed eviction of any illegal tenant, Farmacap shall undertake to return the guarantee deposits made, as well as the fees and expenses borne pursuant to the provisions set forth in the Book of Auctioning Conditions, and the Successful Bidder shall not be entitled to make any claim against Farmacap, thus releasing it from any duty and liability with regard to this failure to perform.
Bids shall be submitted within the terms set forth in the Plots List.
Visits and Further Information
Properties’ visits (to be reserved for a maximum of two people) must be booked via the following e-mail address: email@example.com within 48 hours from the weekday selected for the visit.
For any further technical and document-related information, please get in touch with Farmacap (call centre +39 06/570881, e-mail address firstname.lastname@example.org); for any procedural information, please get in touch with the Auctioneer or with the Notaries National Committee (e-mail address email@example.com).