Welcome to XpertARC

Welcome to XpertARC

Frequently Asked Questions

General Disclaimer

Auction terms vary by seller (Bank, NBFC, ARC), authority (SARFAESI, DRT, NCLT), and the specific auction notice. The final and binding document is always the Sale Notice, Auction Notice, or E-Auction Terms and Conditions issued by the seller or authority. Buyers must complete independent legal and technical due diligence before bidding.

FAQ - Bank / NBFC / FI Auction Properties (SARFAESI - DRT - NCLT/IBC)

A. Basics of Auction Assets

An auction property is an asset offered for sale by a Bank, NBFC, FI, ARC, or a legal authority to recover dues. The sale is conducted through a published auction notice with defined terms, timelines, and eligibility criteria.

Not always. Many assets are good-quality but are being sold due to borrower default, litigation, business failure, or recovery proceedings. However, auction assets do require higher due diligence than normal resale properties.

SARFAESI auctions are conducted by secured creditors (typically banks or NBFCs) to enforce security interest over secured assets.

  • SARFAESI: Enforcement by secured creditor under the SARFAESI framework.
  • DRT: Recovery proceedings where the Recovery Officer may sell assets per tribunal process and proclamation.
  • NCLT/IBC: Sale happens under insolvency or liquidation process as per IBC and IBBI regulations, typically run by an RP or Liquidator.

Typically the seller is the Bank, NBFC, FI, or ARC (or a Liquidator or Authority). XpertARC acts as a marketing and facilitation partner to help buyers discover opportunities and participate correctly.

Because the objective is time-bound recovery. Reserve price is fixed based on valuation and the seller's recovery strategy, not on retail market positioning.

B. Eligibility, Registration, and KYC

Most auctions allow individuals and companies to participate, subject to KYC and auction terms. Some notices restrict related parties or specify eligibility conditions.

Often yes, but it depends on the seller's auction terms and applicable FEMA or compliance requirements. Confirm with the specific auction notice and your banker or legal advisor.

Yes, in most cases. Ensure KYC is completed in the same entity name that will bid and pay.

Some auctions allow authorized representatives with proper authorization documents. Many sellers prefer the actual buyer or entity to bid. Always follow the auction notice.

KYC verifies the bidder's identity and funding source to ensure compliance, prevent fraud, and maintain auditability of the auction process.

Commonly requested documents include:

  • PAN (individual or company)
  • Address proof (Aadhaar, Passport, Voter ID, etc. as acceptable)
  • Photograph, email, mobile verification
  • Bank account proof or cancelled cheque
  • For companies: COI, board resolution or authorization, authorized signatory KYC

As early as possible. Many auctions stop accepting KYC close to the EMD deadline or a defined cutoff. Delays can lead to disqualification from bidding.

An EASP is the technology platform that conducts the online auction on behalf of the seller or authority, including bidder registration, KYC checks, and bid execution.

Some portals or authorities require DSC; others allow OTP-based login. The auction notice or EASP instructions will specify this.

C. Understanding the Listing and Auction Notice

Reserve price is the minimum acceptable sale price fixed by the seller for that auction.

EMD (Earnest Money Deposit) is a refundable security deposit paid to participate in the auction. It is adjusted toward the purchase price if you win.

Bid increment is the minimum amount by which a new bid must exceed the current highest bid.

It means the asset is sold in its existing condition, with existing features, fittings, and condition. Buyers must inspect and assess costs for repairs, dues, and compliance.

  • Symbolic possession: Seller has taken legal possession but property may still be occupied, locked, or under dispute on ground.
  • Physical possession: Seller has actual control, keys, or vacant access (as stated). Always verify from the notice and inspection notes.

No listing can guarantee this without legal verification. You must review title chain, encumbrances, litigation, society or municipal dues, utilities, and occupancy status.

XpertARC can share the seller's published notice and supporting documents as available. The official notice is typically hosted by the seller or EASP or published in newspapers and on the seller's website or portal.

D. Due Diligence and Property Inspection

Most sellers allow inspection on specified dates or by appointment. Inspection rules vary widely.

Not always mandatory, but strongly recommended. Auction purchases carry higher practical risks if you buy without inspection.

A typical due diligence set includes:

  • Auction notice and terms
  • Title documents or chain (as available)
  • Encumbrance Certificate (EC) and search report
  • CERSAI or charge search (as applicable)
  • Property tax, water, electricity dues (as available)
  • Society or association dues (if applicable)
  • Occupancy or tenant status, court cases, and site realities

We can facilitate document collection and referral to empanelled legal experts and help you structure a due diligence checklist. Final legal opinion should be taken from a qualified advocate in the asset's jurisdiction.

You must evaluate the possession status and the practical eviction timeline or cost. Some buyers prefer only physical possession assets; others buy occupied assets at deeper discounts.

E. EMD, Payments, and Timelines

EMD is typically paid via NEFT, RTGS, or UPI (where allowed) to the seller or EASP account within deadline. Payment mode and beneficiary details are strictly as per the auction notice.

Typically yes. Refund timelines vary by seller or EASP and banking cycles. Always keep UTR or transaction proof.

EMD (or a part of it) may be forfeited if you win but fail to complete post-auction payment obligations within the prescribed timeline, or if you violate bidding terms.

Many SARFAESI and DRT auctions require the successful bidder to promptly pay a portion (commonly 25 percent including EMD) and then pay the balance within the defined period. Exact terms vary by notice.

Some sellers may allow extension as per applicable rules and auction terms, often with conditions. Do not assume extensions. Plan funding beforehand.

In some DRT Recovery Officer sales, poundage or fees may be charged as per tribunal process and stated proclamation terms.

F. Bidding Day and Auction Mechanics

After approval, you log into the EASP portal during auction time, place bids as per increment rules, and track the highest bid in real time.

Often yes. Many auctions use time-extension logic, for example extending by a few minutes if bids occur near closing. The exact rule is in the auction terms.

Immediately contact the EASP helpdesk and keep screenshots or logs. Sellers typically rely on EASP system logs, so evidence matters.

Generally, bids are binding once submitted. Some portals allow withdrawal before auction start; most do not allow withdrawal once live.

The system usually shows the highest bidder and you may receive an email or SMS confirmation. Final confirmation is subject to the seller's acceptance process.

G. Post-Auction: Confirmation, Sale Certificate, Registration, Possession

Typical sequence:

  1. Pay required immediate amount and balance within timeline
  2. Seller issues confirmation or acceptance as per terms
  3. Issue of Sale Certificate (common in SARFAESI and DRT) or transfer document as applicable
  4. Registration process (if required) and mutation or transfer steps
  5. Possession handover as per stated possession status

A Sale Certificate is the document issued by the competent authority or seller confirming the sale in your favor (common in SARFAESI and DRT auctions). Procedures depend on the auction framework.

Generally, yes, through the process specified in the notice (sale certificate registration, sale deed, or transfer documentation). Local sub-registrar rules may apply.

Only if the seller has physical possession and the notice provides for handing over. In symbolic or occupied cases, timelines can be longer and may involve legal enforcement.

In some situations (for example court orders, settlement, or payment), auctions can be set aside or stayed. Outcomes depend on legal orders and the specific process.

H. Costs, Taxes, and Other Dues

Common cost heads include:

  • Stamp duty and registration fees
  • Advocate or legal search and documentation
  • Mutation or transfer charges
  • Society transfer fees (if applicable)
  • Pending property tax or utility dues (if payable by buyer per terms)
  • Possession and security expenses
  • Renovation or repair costs

Often yes, unless the notice explicitly allocates dues differently. Always confirm from terms and do a written dues check where possible.

Sometimes GST applies (especially in certain commercial, under-construction, or business asset sales), depending on the nature of the asset and seller. Confirm with your CA or tax advisor and the auction notice.

Depending on transaction value and tax provisions, TDS may apply. Confirm the exact applicability with your CA and the seller's payment instructions.

I. Funding and Loans

Sometimes yes. However, auction timelines are tight, and many lenders require clear documentation. Pre-approval is recommended.

The seller usually does not provide financing. XpertARC can connect you with lending partners where feasible, but approval depends on lender policies and asset documentation.

Yes. Treat auction bidding as a committed purchase. Funding delays are among the most common reasons for forfeiture or cancellation.

J. Risks, Red Flags, and Buyer Protection

  • Occupied property and delayed possession
  • Title or encumbrance surprises if due diligence is weak
  • Municipal or society dues
  • Litigation or stays
  • Condition or structural issues not visible in limited inspection

  • No access for inspection but as-is sale
  • Unclear area or measurement mismatch
  • Multiple conflicting addresses or identifiers (flat no., khasra, survey)
  • Active litigation or stay orders referenced in documents
  • Significant dues without clarity on liability

We focus on:

  • Better listing clarity and document alignment (notice, maps, address)
  • Facilitating inspections where possible
  • Helping you run a structured due diligence checklist
  • Support for bidding readiness (KYC, EMD, timelines)

No. Auction investments depend on location, legal clarity, possession status, demand, and your execution (funding, compliance, resale or usage plan).

K. Services by XpertARC (Buyer Side)

  • Auction opportunity sourcing (Banks, NBFCs, ARCs, Authorities)
  • Shortlisting based on budget, asset type, or city
  • Document support and coordination with seller or EASP
  • Inspection coordination (where permitted)
  • Due diligence facilitation (legal or technical referral)
  • End-to-end bidding assistance (process guidance)
  • Post-win coordination support (documentation and next steps)

Service models vary by asset and support level (basic sourcing vs end-to-end facilitation). Any fee or commission is disclosed upfront in writing.

No. Auction outcomes depend on competition, seller rules, and your bid strategy. We focus on process accuracy and risk reduction.

L. Services by XpertARC (Seller/Institution Side)

You can onboard with us for:

  • Asset marketing and demand generation
  • Buyer outreach and lead qualification
  • Inspection scheduling support
  • Process communication support (EMD and KYC deadline awareness)

Yes, we can support marketing and buyer mobilization for DRT and NCLT or IBC processes, subject to permissions, confidentiality, and process guidelines.

We follow need-to-know sharing of documents, maintain audit trails for communications, and share sensitive documents only as per seller permissions and buyer KYC status.

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