KÜHEYLAN HUKUK
Valuation, electronic sales, payment of the tender price and termination of the tender within the scope of EBL Article 134 have been updated as of 2026
The sale of seized property is the most important stage of enforcement proceedings. The tender begins with the valuation, continues with the sale announcement and auction, and ends with the payment of the price. In case of irregularities, the parties may request termination of the tender; However, the duration of this right is very short and rejection of the request on merit may result in a fine. The guide explains the stages of the tender, objection to the valuation, payment of the tender price, reasons for termination of the tender, their duration and results.
The seized property is sold through auction by the enforcement office after a sales request is made. Today, most of the sales are made through the electronic sales portal within UYAP. The process consists of the following stages:
1. Valuation: The real estate, vehicle or valuable property is valued by an expert.
2. Sale announcement: The place, date, nature of the goods and the estimated price of the sale are announced and notified to the relevant parties.
3. Auction: Bids are received and the person who submits the highest bid becomes the tender buyer.
4. Payment of the price: The buyer pays the tender price within the period specified by law.
5. Distribution and registration: The amount is distributed to the creditors according to the order table; The title deed to the real estate is transferred.
The success of the tender often depends on valuation. If the appraised value is too low, there is a risk of the goods being sold below its value; if it is too high, there is a problem of not being able to find a buyer. For this reason, a complaint can be made to the enforcement court against the valuation report within 7 days from the notification (EBL art. 128/a). If the expert fee is not paid within 7 days from the date of the complaint, the complaint will be rejected definitively.
The person concerned who does not object to the valuation in due time cannot use the reason for the termination of the tender that the valuation is irregular at a later stage. For this reason, when the valuation report is notified, there should be no delay in objecting.
In order for the highest bidder to win the tender, the bid must exceed certain limits. In the first auction, the bid must exceed 50 percent of the estimated value of the goods and the total of the preferential receivables. If these conditions are not met, the tender will not be made; Conditions may be more flexible in the next auction, but the requirement to cover preferential receivables and sales expenses continues.
The tender price is paid within 7 days from the announcement of the auction result report (EBL article 118). The buyer who does not pay the price may be responsible for damages and differences in addition to his obligation to pay the tender price. Request for termination of the tender does not stop the buyer's obligation to pay the price; However, the distribution of the price to creditors is subject to waiting until the tender is finalized.
Termination of the tender is a way of complaining that the irregularities committed during the auction process will result in the cancellation of the tender. The application is made to the enforcement court. Reasons for termination include:
The fact that the goods were sold cheaply is not alone a reason for termination. The person requesting termination of the tender must also prove that the irregularity harms his or her interests.
Duration and who can apply?
The termination request must be made within 7 days from the tender date. In some cases, the period starts from the date the relevant person learns; However, the right to sue cannot be exercised in any way after 1 year has passed since the tender decision was announced on the electronic portal. The application authority belongs to the creditor who wants the sale, the debtor, the relevant persons registered in the registry, limited real rights holders and bidders. Requests of those other than these are rejected through the file.
If the request is rejected on merits, a fine of up to 10 percent of the tender price may be imposed. No fine is applied for requests rejected procedurally (such as time limit, lack of qualification, etc.). A guarantee of 5 percent of the tender price is required for applicants other than creditors, debtors and registered persons who wish to sell. In case of lack of guarantee and fee, the court grants a short definitive period; If it is not completed within the deadline, the request will be rejected.
5. What Happens If Termination Is Accepted?
If the court decides to terminate the tender, the tender is cancelled, the price paid by the buyer is refunded and the title deed or registry record is corrected. The goodwill of third parties is also evaluated within the framework of the provisions of the Turkish Civil Code regarding the reliability of the land registry. After the termination decision, a new sale is made and the process starts again.
The electronic tender for a house was concluded and the house was sold for a price slightly above the appraised value. The debtor later learned that the sale notice was not notified to him.
Failure to notify the sale announcement to the debtor is a reason for termination within the scope of EBL Article 134. The debtor must request termination of the tender within 7 days from the date of learning of the situation; If 1 year has passed since the tender decision was announced on the portal, there is no right to apply. No collateral is required for the borrower; However, there is a risk of fines if the request is rejected on merits.
If the tender price is low, can the tender be terminated?
Low price alone is not a reason for termination. There must be an irregularity in the announcement, notification, valuation or increase procedure.
What happens if the person receiving the tender does not pay the price?
The buyer may be responsible for the damage and difference, the auction will be canceled and the auction will be re-auctioned. If collateral has been deposited, it can be deducted from this amount.
Why does the party requesting termination of the tender risk a fine?
If the request is denied on the merits, a fine of up to 10 percent of the price may be imposed to deter abuse. No penalty is applied for requests rejected due to procedural procedures.
Can the house be evacuated after the tender is finalized?
After the tender is finalized, the buyer applies to the enforcement office for the delivery of the goods or the evacuation of the real estate. The debtor must resort to termination before it becomes final.
Enforcement tender is the stage where the receivable is collected and the debtor's property is released. Times are short, results are heavy. Küheylan Law Firm carries out the process from the objection to the valuation before the tender to the lawsuit for termination of the tender after the tender, with time tracking; It creates an effective legal framework for the creditor, debtor and tender buyer. For file evaluation, an appointment can be requested via info@kuheylanhukuk.com.
Important Legal Notice: The legal explanations contained in this guide have been prepared by Küheylan Law Firm for general information purposes and do not constitute legal advice. In enforcement and bankruptcy law, the periods are short and the consequences are heavy; Since each file has its own unique conditions, it is recommended to get support from a lawyer before taking action. © 2026 Küheylan Law Firm. All rights reserved.
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