The cancellation of the tender is a complaint for the cancellation of the illegal tender made by the execution directorate. The tender must be carried out in accordance with the law from the preparation stage. Otherwise, interested parties may request the cancellation of the tender from the Enforcement Law Court. These interested parties can be counted as creditors, debtors, persons who bid in the tender and persons who are related in the land registry.
What are the Reasons for the Cancellation of the Tender?
- Irregularities in the tender preparation phase
- Irregularities occurring during the execution of the tender
- Bid rigging
- The buyer is mistaken in the essential elements of the goods purchased
What is the Complaint Period for Termination of Tender Case?
The period for requesting the termination of the tender is 7 days from the date of tender. However, in some cases, this date starts from learning the reason for the cancellation of the tender;
- If the sale notice has not been notified to the person who should be notified of the sale notice,
- Bid rigging,
- Subsequent learning of a fundamental defect in the purchased goods.
However, even in these cases, it is necessary to file a complaint for the cancellation of the tender within one year from the date of the tender. Otherwise, it is no longer possible to file a complaint for cancellation of the tender.
What is the Competent and Authorised Court in the Cancellation of Tender Case?
The competent and authorised court in the case of termination of the tender is the execution court where the execution directorate where the tender is held is located. Jurisdiction is related to public order, so if a lawsuit for termination of the tender is not filed in the authorised execution office, the lawsuit will be rejected.