TERMS AND CONDITIONS OF SALE
REAL ESTATE INCLUDED IN THE BANKRUPTCY ESTATE OF JÓZEF RUTKOWSKI, A NATURAL PERSON WHO DOES NOT CONDUCT BUSINESS ACTIVITY
§ 1
1. These Regulations define the procedure and rules for conducting a single-source sale of the real estate included in the bankruptcy estate of Józef Rutkowski as a natural person not conducting business activity.
2. The sale is organized and carried out by the bankruptcy trustee of Józef Rutkowski as a natural person not conducting business activity, established by the decision of the District Court in Opole, V Commercial Division of 29.03.2023, file no. OP /GU/121/2023.
3. The subject of the sale is:
a) 1/2 share in the ownership right to a dwelling with a usable area
52.40 m2. The premises No. 10 in question are located on the 3rd floor of a multi-family building No. 5, at Powstańców Śląskich Street in Ozimek, for which the District Court in Opole, VI Department of Land and Mortgage Registers maintains the land and mortgage register No. OP /00087975/3 for a price not lower than PLN 50,265.00
§ 2
1. The sale may take place in the single-source sale mode and is organized in order to select the most advantageous offer.
§ 3
1. The Receiver invites you to participate in the sale by placing an announcement on online advertising portals informing about the procedure, date, place and conditions of sale of the property, which should be published no later than 30 days before the opening of the offers.
2. The announcement of the sale, which will be published in the places indicated in paragraph 1, shall contain at least:
a) name and address of the seller;
b) information about the subject and price of the sale;
c) place and date of submission of offers.
3. The appraisal report can be viewed at the receiver's office after prior telephone appointment (phone number +).
§ 4
1. The offer with all required attachments must be drawn up in Polish.
2. A necessary condition for joining the tender is:
a) payment of the tender deposit in the amount of 10% of the starting price specified in § 1 section 3 point a) to the account of the bankruptcy estate of Józef Rutkowski No. 75 8909000 0001 kept by the Cooperative Bank in Zawadzkie.
§ 5
1. The offer to purchase the real estate should be made in writing and include:
a) exact designation of the bidder, i.e. in the case of bidders who are enterprises: name and address of the registered office, NIP, REGON, KRS number, correspondence address, indication of the person authorized to represent the company, telephone number, e-mail address; in the case of tenderers other than undertakings, the name of the
and surname, address of residence, PESEL number, correspondence address, telephone number, e-mail address;
b) the date of preparation of the offer;
c) precise specification of the subject of the offer, in accordance with the content of the announcement;
d) the offered purchase price of the property, not lower than the minimum purchase price specified in § 1 section 3 point a) of these Regulations.
2. The offer should be signed by persons authorized to make declarations of will
on behalf of the bidder.
§ 6
The Bidder submitting the offer remains bound by it for the entire time specified in these Terms and Conditions until the date of the sale settlement. The bid validity period begins with the expiry of the bid submission period.
§ 7
1. The Tenderer shall attach the following statements to the offer:
a) that he has read the terms and conditions set out in these Terms and Conditions and that he accepts them without reservations;
b) that he is bound by his offer for the period specified in these Regulations and that he undertakes, if his offer is selected – to conclude a real estate sale agreement at the time and place specified by the receiver;
c) that he has familiarized himself with the factual and legal status of the real estate being the subject of the offer and that he does not raise any objections in this respect;
d) about the obligation to cover all costs related to the sale of the real estate and to pay the full price before concluding the real estate sale agreement.
2. The Tenderer shall attach the following documents to the offer:
a) series and number of the ID card in the case of bidders who are not entrepreneurs;
b) documents confirming the authorization to act on behalf of the tenderer, and in the case of appointing an attorney – a power of attorney in the form required to perform the action to which the attorney is empowered;
c) confirmation of payment of the bid bond to the bankruptcy estate.
3. When selecting the offer, the following offers will not be taken into account:
a) not meeting any of the requirements set out in these Regulations, incomplete, including not containing the statements referred to in paragraph 1;
b) conditional, illegible or with other reservations.
§ 8
1. Offers should be submitted by the deadline of July 7, 2025, 4:00 p.m. directly at the receiver's office at the following address: Restructuring Advisor's Office Marcin Karcz, 18 Sieradzka Street, 98-300 Wieluń or by mail, by registered mail to the address of the receiver's office provided above. In the case of submitting an offer by post, the date and time of receipt of the offer at the receiver's office determines whether the deadline is met.
2. The opening of the offers will take place on July 8, 2025 at 4:00 p.m. in the receiver's office.
3. The offer with the required attachments should be placed in an envelope and contain a clear note: "OFFER – DO NOT OPEN BEFORE 08.07.2025. 4:00 P.M."
4. During the opening of bids, the receiver will read the name and address of the bidder and the offered price.
§ 9
1. When selecting the offer, the receiver is guided by the following criteria:
a) the basic criterion for the selection of the offer is the highest offered price equal to or higher than the minimum purchase price;
b) in the event that the difference between the highest offered price and the other prices is less than 5% of the highest bid, the receiver may conduct an additional oral tender or negotiations with bidders in order to sell the property for the most advantageous price;
c) the bidder who offered the highest price and the bidders whose bids differ in terms of price from the highest bid by an amount not greater than 5% of the highest bid participate in the auction;
d) the auction will take place on the date set by the receiver, of which the bidders will be notified when announcing the results of the written part of the sale.
§ 10
The rules of the auction are as follows:
a) the auction is oral and begins with the highest price proposed by the bidders in the written offers;
b) the increment cannot be less than PLN 1,000.00;
c) the offered price ceases to be binding on the bidder when another bidder offers a higher price;
d) after the cessation of the accessions, the receiver, notifying the participants after the third announcement, closes the auction and grants the knockdown to the bidder who offered the highest price.
§ 11
The receiver does not disclose information related to the course of the examination, evaluation and comparison of the submitted offers, except for the information included in the sales report.
§ 12
The receiver reserves the right to cancel the tender without giving a reason.
§ 13
A protocol is drawn up from the course of the sale, documenting the basic activities related to the sale, i.e.:
a) description of the subject of sale;
b) the names of the bidders involved in the sale;
(c) the essential elements of each bid, including the price;
d) information on the bidder's compliance with the terms of sale;
e) summary of the offer and comparison of the submitted offers;
f) justification for rejecting the offer;
g) indication of the selected offer along with the justification of the choice.
§ 14
1. The announcement of the result of the sale will be made by announcement in the receiver's office immediately after its completion.
2. A bidder who did not appear at the examination of bids, and whose bid was selected, will be independently notified by a separate letter with a return acknowledgement of receipt.
§ 15
1. Upon written notification of the bidder about the selection of his offer after the sale is completed, an obligation relationship arises between the bidder and the receiver, to which the relevant provisions of the Civil Code apply.
2. Within 30 days from the date of selection of the most advantageous offer for the purchase of the subject of sale, the bidder whose offer has been selected is obliged to conclude a sales agreement with the receiver in the form of a notarial deed in the notary's office indicated by the receiver.
3. The real estate sale agreement will be concluded on the date set by the receiver.
The receiver will notify the bidder whose bid has been selected about the set date.
§ 16
1. The payment of the purchase price by the participant in the proceedings will be made by way of transfer to the bank account of the bankruptcy estate indicated in § 4 section 2 point a, and the payment of the entire price should be credited to the account before the date of concluding the sale agreement agreed by the parties.
2. The purchase price of the subject of sale cannot be paid by set-off.
3. Failure by a participant in the proceedings to pay the entire purchase price of the subject of sale or payment of it only in part, or failure to appear without justification
within the time limit specified in the notification referred to in § 15 section 3 will be treated as evasion of the said participant from concluding the sale agreement.
4. In the cases described in para. 3 The participant in the proceedings loses the rights resulting from the acceptance of his offer, in particular he will not be entitled to a claim for the transfer of ownership of the subject of sale. The receiver will also be entitled to retain the bid bond.
In such a situation, the selected bidder is excluded from any further tenders organized by the receiver for this or that object.
§ 17
These Terms and Conditions shall enter into force on the date of publication of the sale announcement.
Wieluń, 31.05.2025
Attachments:
1) DECLARATION OF HAVING READ AND ACCEPTED WITHOUT RESERVATIONS THE TERMS AND CONDITIONS
2) DECLARATION OF BEING BOUND BY THE OFFER
3) DECLARATION OF FAMILIARIZATION WITH THE FACTUAL AND LEGAL STATUS OF THE SUBJECT OF SALE
4) DECLARATION OF FAMILIARIZATION WITH THE FACTUAL AND LEGAL STATUS OF THE SUBJECT OF SALE
DECLARATION OF READING AND ACCEPTANCE WITHOUT RESERVATIONS
WITH THE TERMS AND CONDITIONS
I, the undersigned, declare
that I have read the Regulations of single-source sale (in the form of a Competition of offers) of participation 1/2
in the ownership right to a residential unit with a usable area of 52.40 m2. The apartment No. 10 in question is located on the 3rd floor of a multi-family building No. 5, at Powstańców Śląskich Street
in Ozimek, for which the District Court in Opole, VI Department of Land and Mortgage Registers, maintains the land and mortgage register No. OP /00087975/3, in bankruptcy proceedings conducted by the District Court in Opole (file reference number OP /GUp-s/90/2023) and accepts it without reservations.
……………………………………………………………
place, date, signature
DECLARATION OF BINDING ON THE OFFER
I, the undersigned, declare that I am bound by my offer for the period specified in the Regulations of the sale of a single-source sale (in the form of a Competition of offers) of the share in the ownership right to a residential unit with a usable area of 52.40 m2. The premises in question No. 10 are located on the 3rd floor of a multi-family building No. 5, at Powstańców Śląskich Street in Ozimek, for which the District Court in Opole, VI Department of Land and Mortgage Registers maintains the land and mortgage register No. OP /00087975/3, in bankruptcy proceedings conducted by the District Court in Opole (file reference number OP /GUp-s/90/2023) and that he undertakes, if his offer is selected – to conclude a real estate sale agreement at the time and place specified by the receiver
……………………………………………………………
place, date, signature
STATEMENT OF FAMILIARIZATION WITH THE FACTUAL AND LEGAL STATUS
SUBJECT OF SALE
I, the undersigned, declare
that I have familiarized myself with the facts and the share of 1/2 in the ownership right to a residential unit with a usable area of 52.40 m2. The subject premises No. 10 is located on the 3rd floor of a multi-family building No. 5, at Powstańców Śląskich Street in Ozimek, for which the District Court in Opole, VI Department of Land and Mortgage Registers maintains the Land and Mortgage Register No. OP /00087975/3,
in bankruptcy proceedings conducted by the District Court in Opole (file ref. no. OP /GUp-s/90/2023) and accept it without reservations.
……………………………………………………………
place, date, signature
STATEMENT OF FAMILIARIZATION WITH THE FACTUAL AND LEGAL STATUS
SUBJECT OF SALE
I, the undersigned, undertake to cover all costs related to the sale of the property and to pay the entire price before concluding the real estate sale agreement, i.e. the share of 1/2 in the ownership right to a residential unit with a usable area of 52.40 m2. The subject premises No. 10 is located on the 3rd floor of a multi-family building No. 5, at Powstańców Śląskich Street in Ozimek, for which the District Court in Opole, VI Department of Land and Mortgage Registers maintains the Land and Mortgage Register No. OP /00087975/3,
in bankruptcy proceedings conducted by the District Court in Opole (file reference number OP /GUp-s/90/2023).
……………………………………………………………
place, date, signature
REAL ESTATE INCLUDED IN THE BANKRUPTCY ESTATE OF JÓZEF RUTKOWSKI, A NATURAL PERSON WHO DOES NOT CONDUCT BUSINESS ACTIVITY
§ 1
1. These Regulations define the procedure and rules for conducting a single-source sale of the real estate included in the bankruptcy estate of Józef Rutkowski as a natural person not conducting business activity.
2. The sale is organized and carried out by the bankruptcy trustee of Józef Rutkowski as a natural person not conducting business activity, established by the decision of the District Court in Opole, V Commercial Division of 29.03.2023, file no. OP /GU/121/2023.
3. The subject of the sale is:
a) 1/2 share in the ownership right to a dwelling with a usable area
52.40 m2. The premises No. 10 in question are located on the 3rd floor of a multi-family building No. 5, at Powstańców Śląskich Street in Ozimek, for which the District Court in Opole, VI Department of Land and Mortgage Registers maintains the land and mortgage register No. OP /00087975/3 for a price not lower than PLN 50,265.00
§ 2
1. The sale may take place in the single-source sale mode and is organized in order to select the most advantageous offer.
§ 3
1. The Receiver invites you to participate in the sale by placing an announcement on online advertising portals informing about the procedure, date, place and conditions of sale of the property, which should be published no later than 30 days before the opening of the offers.
2. The announcement of the sale, which will be published in the places indicated in paragraph 1, shall contain at least:
a) name and address of the seller;
b) information about the subject and price of the sale;
c) place and date of submission of offers.
3. The appraisal report can be viewed at the receiver's office after prior telephone appointment (phone number +).
§ 4
1. The offer with all required attachments must be drawn up in Polish.
2. A necessary condition for joining the tender is:
a) payment of the tender deposit in the amount of 10% of the starting price specified in § 1 section 3 point a) to the account of the bankruptcy estate of Józef Rutkowski No. 75 8909000 0001 kept by the Cooperative Bank in Zawadzkie.
§ 5
1. The offer to purchase the real estate should be made in writing and include:
a) exact designation of the bidder, i.e. in the case of bidders who are enterprises: name and address of the registered office, NIP, REGON, KRS number, correspondence address, indication of the person authorized to represent the company, telephone number, e-mail address; in the case of tenderers other than undertakings, the name of the
and surname, address of residence, PESEL number, correspondence address, telephone number, e-mail address;
b) the date of preparation of the offer;
c) precise specification of the subject of the offer, in accordance with the content of the announcement;
d) the offered purchase price of the property, not lower than the minimum purchase price specified in § 1 section 3 point a) of these Regulations.
2. The offer should be signed by persons authorized to make declarations of will
on behalf of the bidder.
§ 6
The Bidder submitting the offer remains bound by it for the entire time specified in these Terms and Conditions until the date of the sale settlement. The bid validity period begins with the expiry of the bid submission period.
§ 7
1. The Tenderer shall attach the following statements to the offer:
a) that he has read the terms and conditions set out in these Terms and Conditions and that he accepts them without reservations;
b) that he is bound by his offer for the period specified in these Regulations and that he undertakes, if his offer is selected – to conclude a real estate sale agreement at the time and place specified by the receiver;
c) that he has familiarized himself with the factual and legal status of the real estate being the subject of the offer and that he does not raise any objections in this respect;
d) about the obligation to cover all costs related to the sale of the real estate and to pay the full price before concluding the real estate sale agreement.
2. The Tenderer shall attach the following documents to the offer:
a) series and number of the ID card in the case of bidders who are not entrepreneurs;
b) documents confirming the authorization to act on behalf of the tenderer, and in the case of appointing an attorney – a power of attorney in the form required to perform the action to which the attorney is empowered;
c) confirmation of payment of the bid bond to the bankruptcy estate.
3. When selecting the offer, the following offers will not be taken into account:
a) not meeting any of the requirements set out in these Regulations, incomplete, including not containing the statements referred to in paragraph 1;
b) conditional, illegible or with other reservations.
§ 8
1. Offers should be submitted by the deadline of July 7, 2025, 4:00 p.m. directly at the receiver's office at the following address: Restructuring Advisor's Office Marcin Karcz, 18 Sieradzka Street, 98-300 Wieluń or by mail, by registered mail to the address of the receiver's office provided above. In the case of submitting an offer by post, the date and time of receipt of the offer at the receiver's office determines whether the deadline is met.
2. The opening of the offers will take place on July 8, 2025 at 4:00 p.m. in the receiver's office.
3. The offer with the required attachments should be placed in an envelope and contain a clear note: "OFFER – DO NOT OPEN BEFORE 08.07.2025. 4:00 P.M."
4. During the opening of bids, the receiver will read the name and address of the bidder and the offered price.
§ 9
1. When selecting the offer, the receiver is guided by the following criteria:
a) the basic criterion for the selection of the offer is the highest offered price equal to or higher than the minimum purchase price;
b) in the event that the difference between the highest offered price and the other prices is less than 5% of the highest bid, the receiver may conduct an additional oral tender or negotiations with bidders in order to sell the property for the most advantageous price;
c) the bidder who offered the highest price and the bidders whose bids differ in terms of price from the highest bid by an amount not greater than 5% of the highest bid participate in the auction;
d) the auction will take place on the date set by the receiver, of which the bidders will be notified when announcing the results of the written part of the sale.
§ 10
The rules of the auction are as follows:
a) the auction is oral and begins with the highest price proposed by the bidders in the written offers;
b) the increment cannot be less than PLN 1,000.00;
c) the offered price ceases to be binding on the bidder when another bidder offers a higher price;
d) after the cessation of the accessions, the receiver, notifying the participants after the third announcement, closes the auction and grants the knockdown to the bidder who offered the highest price.
§ 11
The receiver does not disclose information related to the course of the examination, evaluation and comparison of the submitted offers, except for the information included in the sales report.
§ 12
The receiver reserves the right to cancel the tender without giving a reason.
§ 13
A protocol is drawn up from the course of the sale, documenting the basic activities related to the sale, i.e.:
a) description of the subject of sale;
b) the names of the bidders involved in the sale;
(c) the essential elements of each bid, including the price;
d) information on the bidder's compliance with the terms of sale;
e) summary of the offer and comparison of the submitted offers;
f) justification for rejecting the offer;
g) indication of the selected offer along with the justification of the choice.
§ 14
1. The announcement of the result of the sale will be made by announcement in the receiver's office immediately after its completion.
2. A bidder who did not appear at the examination of bids, and whose bid was selected, will be independently notified by a separate letter with a return acknowledgement of receipt.
§ 15
1. Upon written notification of the bidder about the selection of his offer after the sale is completed, an obligation relationship arises between the bidder and the receiver, to which the relevant provisions of the Civil Code apply.
2. Within 30 days from the date of selection of the most advantageous offer for the purchase of the subject of sale, the bidder whose offer has been selected is obliged to conclude a sales agreement with the receiver in the form of a notarial deed in the notary's office indicated by the receiver.
3. The real estate sale agreement will be concluded on the date set by the receiver.
The receiver will notify the bidder whose bid has been selected about the set date.
§ 16
1. The payment of the purchase price by the participant in the proceedings will be made by way of transfer to the bank account of the bankruptcy estate indicated in § 4 section 2 point a, and the payment of the entire price should be credited to the account before the date of concluding the sale agreement agreed by the parties.
2. The purchase price of the subject of sale cannot be paid by set-off.
3. Failure by a participant in the proceedings to pay the entire purchase price of the subject of sale or payment of it only in part, or failure to appear without justification
within the time limit specified in the notification referred to in § 15 section 3 will be treated as evasion of the said participant from concluding the sale agreement.
4. In the cases described in para. 3 The participant in the proceedings loses the rights resulting from the acceptance of his offer, in particular he will not be entitled to a claim for the transfer of ownership of the subject of sale. The receiver will also be entitled to retain the bid bond.
In such a situation, the selected bidder is excluded from any further tenders organized by the receiver for this or that object.
§ 17
These Terms and Conditions shall enter into force on the date of publication of the sale announcement.
Wieluń, 31.05.2025
Attachments:
1) DECLARATION OF HAVING READ AND ACCEPTED WITHOUT RESERVATIONS THE TERMS AND CONDITIONS
2) DECLARATION OF BEING BOUND BY THE OFFER
3) DECLARATION OF FAMILIARIZATION WITH THE FACTUAL AND LEGAL STATUS OF THE SUBJECT OF SALE
4) DECLARATION OF FAMILIARIZATION WITH THE FACTUAL AND LEGAL STATUS OF THE SUBJECT OF SALE
DECLARATION OF READING AND ACCEPTANCE WITHOUT RESERVATIONS
WITH THE TERMS AND CONDITIONS
I, the undersigned, declare
that I have read the Regulations of single-source sale (in the form of a Competition of offers) of participation 1/2
in the ownership right to a residential unit with a usable area of 52.40 m2. The apartment No. 10 in question is located on the 3rd floor of a multi-family building No. 5, at Powstańców Śląskich Street
in Ozimek, for which the District Court in Opole, VI Department of Land and Mortgage Registers, maintains the land and mortgage register No. OP /00087975/3, in bankruptcy proceedings conducted by the District Court in Opole (file reference number OP /GUp-s/90/2023) and accepts it without reservations.
……………………………………………………………
place, date, signature
DECLARATION OF BINDING ON THE OFFER
I, the undersigned, declare that I am bound by my offer for the period specified in the Regulations of the sale of a single-source sale (in the form of a Competition of offers) of the share in the ownership right to a residential unit with a usable area of 52.40 m2. The premises in question No. 10 are located on the 3rd floor of a multi-family building No. 5, at Powstańców Śląskich Street in Ozimek, for which the District Court in Opole, VI Department of Land and Mortgage Registers maintains the land and mortgage register No. OP /00087975/3, in bankruptcy proceedings conducted by the District Court in Opole (file reference number OP /GUp-s/90/2023) and that he undertakes, if his offer is selected – to conclude a real estate sale agreement at the time and place specified by the receiver
……………………………………………………………
place, date, signature
STATEMENT OF FAMILIARIZATION WITH THE FACTUAL AND LEGAL STATUS
SUBJECT OF SALE
I, the undersigned, declare
that I have familiarized myself with the facts and the share of 1/2 in the ownership right to a residential unit with a usable area of 52.40 m2. The subject premises No. 10 is located on the 3rd floor of a multi-family building No. 5, at Powstańców Śląskich Street in Ozimek, for which the District Court in Opole, VI Department of Land and Mortgage Registers maintains the Land and Mortgage Register No. OP /00087975/3,
in bankruptcy proceedings conducted by the District Court in Opole (file ref. no. OP /GUp-s/90/2023) and accept it without reservations.
……………………………………………………………
place, date, signature
STATEMENT OF FAMILIARIZATION WITH THE FACTUAL AND LEGAL STATUS
SUBJECT OF SALE
I, the undersigned, undertake to cover all costs related to the sale of the property and to pay the entire price before concluding the real estate sale agreement, i.e. the share of 1/2 in the ownership right to a residential unit with a usable area of 52.40 m2. The subject premises No. 10 is located on the 3rd floor of a multi-family building No. 5, at Powstańców Śląskich Street in Ozimek, for which the District Court in Opole, VI Department of Land and Mortgage Registers maintains the Land and Mortgage Register No. OP /00087975/3,
in bankruptcy proceedings conducted by the District Court in Opole (file reference number OP /GUp-s/90/2023).
……………………………………………………………
place, date, signature
