Buying at a forced-sale auction in Romania: what is the price of the discount?

Buying at auction in Romania: the short answer

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In Romania, a property is sold at auction when its owner does not pay a debt. Most such sales are run by a court bailiff (executor judecătoresc) under the Civil Procedure Code, Law 134/2010. Properties seized for tax debts are sold by the tax authority, ANAF, under the Fiscal Procedure Code, Law 207/2015, and since 2026 through its own online platform.

The rules for a bailiff sale are strict and public. You deposit a guarantee of 10% of the starting price before the auction. If no one bids at the valuation price, the next auction starts at 75% of it, and a third one at 50%. The winner has at most 30 days to pay the rest. After that, a one-month window opens in which the sale can still be challenged in court.

In plain words: an auction can be cheaper than the market, but you buy the property as it is, without a warranty for hidden defects, sometimes without having seen it inside, and sometimes with someone still living in it.

This guide covers the forced sale itself. For the general checks on any Romanian property, see our guide to the legal check before signing.

Two kinds of auction: the bailiff and ANAF

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	Bailiff auction	ANAF auction
Who sells	A court bailiff, for a creditor (often a bank)	The tax authority, for tax debts or state-owned assets
Legal basis	Civil Procedure Code, Law 134/2010, Art. 835–859	Fiscal Procedure Code, Law 207/2015
Where it is announced	Posted at the bailiff's office, the court, the town hall and the property, plus a newspaper	The eLicitații ANAF platform (elicitatii.anaf.ro)
Guarantee	10% of the starting price, deposited before the auction (Art. 843)	A participation fee, paid or guaranteed before bidding
How you bid	In person at the auction, or through a proxy with a special authentic power of attorney	Online, after registering on the platform

The rest of this article follows the bailiff procedure, because its steps are written in detail in the Civil Procedure Code. For an ANAF sale, read the rules and the notice on the platform itself, as the procedure is set by the tax authority's own regulations.

How a bailiff auction works, step by step

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1. Valuation. The bailiff sets the market value of the property, or appoints an expert (Art. 835). If the owner refuses access, the valuation goes ahead on the documents (Art. 835(8)). That is the first warning: the buyer may not see the inside either.
2. Starting price and date. The valuation becomes the starting price (Art. 836). The sale date is at least 20 and at most 40 days after the notice is posted (Art. 837).
3. The notice. It lists the property, its land book number, the valuation, the time and place, and the 10% guarantee (Art. 838). It is posted at the bailiff's office, the court, the town hall and the property. If the property is worth more than 250,000 lei, an extract must also appear in a national newspaper.
4. First auction. The bailiff calls the price three times, starting from the highest offer above the valuation, or from the valuation itself (Art. 845(5)).
5. Second auction. If no one offers the valuation price, a new auction is set within at most 30 days and starts at 75% of the first starting price. With at least two bidders, the property can be sold to the highest offer, but not below 30% of the first price (Art. 845(8)).
6. Third auction. At the creditor's request, a third auction starts at 50% of the first price. With two or more bidders, the property is sold to the highest offer, even below the debt (Art. 845(9)).

At the second and third auctions, a single bidder who offers the starting price can buy. At an equal price, the holder of a pre-emption right wins (Art. 845(12)).

Who cannot bid. The debtor, personally or through someone else (Art. 842(2)). Creditors may bid, but not below 75% of the first starting price (Art. 842(5)).

The money: guarantee, payment and what happens if you do not pay

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• The guarantee. 10% of the starting price for that auction, deposited before the sale date at the State Treasury, CEC Bank or another credit institution, at the bailiff's disposal. Proof of deposit goes with your offer (Art. 843).
• If you lose, the bailiff orders your guarantee returned (Art. 850).
• If you win, you pay the price, minus the guarantee, within at most 30 days (Art. 848).
• If you do not pay, the property is put up again on your account. You pay the cost of the new auction and any shortfall in price, deducted first from your guarantee (Art. 849).
• Instalments are possible only with the consent of the creditor and the debtor (Art. 851).

The 30-day window is short. Planning a mortgage? Ask a bank in writing, before you bid, whether it finances auction purchases and how fast.

After the auction: from adjudication to the land book

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After full payment, the bailiff draws up the act of adjudication (actul de adjudecare). It is your title of ownership and can be registered in the land book (Art. 852). A copy goes to the land registry for provisional registration (Art. 853).

From that provisional registration, the debtor, the creditors and any other interested person have one month to challenge the act of adjudication in court (Art. 854). If it is annulled, the money you deposited is returned to you.

If no one challenges, or a challenge is finally rejected, the bailiff orders your definitive registration and, at your request, puts you in possession of the property (Art. 855).

You become the owner from the adjudication. From your registration, the property is freed of the mortgages and other security charges, and the creditors are paid from the price (Art. 856). That is the main legal advantage of a forced sale: the debts stay with the money, not with the house.

The risks: what the discount pays for

Risk	What the law says	What to do
No warranty for hidden defects	No warranty for hidden defects in a forced sale, and no challenge for lesion (Art. 857; Civil Code Art. 1707(5))	Bring an engineer to the viewing; price in repairs
Someone still lives there	The act of adjudication is an enforceable title against the debtor and anyone holding the property without a right they can oppose to you (Art. 852(i))	Budget time for an eviction through the bailiff
A tenant	Leases signed before the enforcement was noted in the land book are binding on the buyer, unless the rent is a third or more below market (Art. 827)	Read Part III of the extract and ask the bailiff about leases
A challenge	One month from provisional registration (Art. 854)	Do not renovate or resell before the window closes
A third party claims the property	Can file within 15 days of the sale, and may also sue separately later, subject to rights you acquired (Art. 714)	Ask your lawyer to read the whole enforcement file
Usufruct or servitude	If registered after a mortgage, the property may be sold with it or free of it, depending on the auction (Art. 845(6)–(7))	Check what the notice says

A further limit applies to buyers from outside the EU: a bidder must have the legal capacity to acquire the property (Art. 842(1)). For a house with land, that brings in the rules on land ownership by foreigners, explained in our guide to land ownership in Romania.

Your checklist before you bid

1. Get the file number and the notice. Read every line: the price, the date, the charges, and whether rights such as a usufruct remain.
2. Order a land book extract. It costs 20 lei online. Our guide to the land register extract explains how to read Parts I to III.
3. See the property, at least from outside. Talk to the neighbours. Find out who lives there.
4. Check the building's papers. Is the house in the land book? Was it built with a permit? An unregistered extension stays a problem after the auction.
5. Hire an independent lawyer to read the enforcement file and look for grounds of challenge.
6. Secure the money. The guarantee before the auction, the balance within 30 days.
7. If you cannot attend, give a special power of attorney in authentic form (Art. 842(4)). Our guide to the power of attorney explains how to sign one from abroad.
8. Budget the extra costs: land book registration, a lawyer, repairs and possibly an eviction.

Frequently asked questions

Can a foreigner buy property at an auction in Romania?

Yes, if the bidder has full legal capacity and the capacity to acquire that property (Civil Procedure Code, Art. 842). For non-EU citizens buying land, the general rules on land ownership by foreigners apply. A proxy needs a special power of attorney in authentic form.

How much is the guarantee at a bailiff auction?

10% of the starting price of that auction, deposited before the sale date (Art. 843). If you do not win, it is returned. If you win, it counts toward the price.

How long do I have to pay after winning?

At most 30 days from the sale (Art. 848). If you do not pay, the property is auctioned again on your account and you bear the costs and any shortfall.

Is the property free of debts after the auction?

The mortgages and other security charges are removed once your ownership is registered, and the creditors are paid from the price (Art. 856). Leases signed before the enforcement may still bind you, and some rights may remain if the notice says so.

The bottom line

A forced-sale auction in Romania is a public, regulated procedure, and the law does protect the buyer: the debts are paid from the price and the charges come off the land book. What it does not give you is a warranty, a guaranteed viewing or an empty house.

If you are looking at an auction, or comparing it with a ready home, book a half-hour call with me. We will go through the notice and the questions to ask your lawyer.

Moti Azulay, Compass Group Romania

Sources: Civil Procedure Code, Law 134/2010 (legislatie.just.ro), Art. 714, 827, 835–859 · Civil Code, Art. 1707 (legislatie.just.ro) · eLicitații ANAF, the tax authority's auction platform · ANCPI, land book extracts

This article is general information only and is not legal, tax or financial advice. The rules are current as of 22 October 2026. Before bidding, consult an independent lawyer in Romania.