The one-tenth overbid: the ten days during which the property sold at auction is not yet yours
The hammer falls, your lawyer turns round, you have the property. Under French law, you are ten days ahead of reality: during that time, anyone can take up the bidding again by adding a tenth. This dossier explains the rule, what it changes to your calendar, and why it is not a threat.
By Jean Mascla, founder of Home SelectUpdated · 6 min read
What happens during those ten days?
After a judicial auction, anyone may take the bidding back by raising it by at least a tenth of the principal price. This is the surenchère du dixième. It is filed by a lawyer, by declaration at the court registry, and it has ten days from the auction to be made.
If the period runs out with nothing, your purchase becomes final and the payment clock starts. If an over-bid is declared, a fresh hearing is listed: bidding restarts at the raised price, and you may take part like anyone else.
The point that reassures: an over-bid cannot itself be over-bid. The second hearing is the last one, whatever price it reaches.
Why does this rule exist?
Because a forced sale is not a sale between two people who chose each other. It takes place against an owner who did not want it, for the benefit of creditors who want to be paid. The legislator therefore left a door open for ten more days, so the price reached is not merely the price of an empty room on a Tuesday morning.
Seen from the buyer’s side, the rule protects you too: it is the same door that lets you catch a sale you missed for want of seeing the notice in time.
Is it common?
No, and that is the second reassuring point. An over-bid assumes a third party followed the sale, has the deposit ready, instructs a lawyer and accepts paying at least ten per cent more than the best bidder on the day. Which is to say it mostly appears when the property went clearly below its value.
That is in fact the best indicator you have: the closer your bid was to what the property is really worth, the less reason you have to fear those ten days. A purchase that struck you as almost too good is exactly the one that attracts an over-bid.
What the window changes in practice
It moves the date from which you can decide anything at all.
Works wait. A quote can be requested, and signed afterwards. While the period runs, any money spent on the property may be funding someone else’s project.
The move waits. Dates, the removal firm, ending a lease elsewhere: anything expensive to cancel is set after the period closes, not after the hearing.
Financing, on the other hand, does not wait. That is the distinction to hold on to. The price remains due within a period that runs, in practice, from the moment the sale becomes final; the funds must therefore be ready during those ten days, not ordered at the end of them. For a buyer whose assets are in another currency, that means converting and transferring is prepared before the hearing, not between the two.
Théoule-sur-Mer, Côte d’Azur
How do you learn that an over-bid has been filed?
Through your lawyer, who follows the registry of the court where the sale took place. There is no automatic notice to a foreign buyer, no confirmation email on day ten. One more reason not to treat the lawyer as a one-off supplier whose job ends with the hammer: the retainer covers the period that follows.
The conditions of sale set out, for that particular sale, the exact terms and the timetable that applies. That is the document to reread on the day, not your memory of the room.
And in a notarial sale?
The over-bid mechanism belongs to judicial sales. Notarial auctions, which are voluntary sales run by a notary’s office, follow the conditions that office has drafted: they may provide their own window after the sale, or none at all.
The practical consequence is simple. Never carry across what you read about one kind of sale to the other: read the document for the sale you are actually attending. Both are called auctions and neither runs by the same rules.
The reflex to keep
Treat yourself as the owner on the eleventh day, not the first. This is not excessive caution: it is the real timetable, and the only one on which a buyer who is not on the spot can build a plan without having to unpick it.
What Home Select organises for the days after the auction
Home Select searches and negotiates for the buyer, and for the buyer alone. Your property finder checks the property, the building’s documents and the calendar before you commit, and flags what deserves a question to the notaire or a clause in the offer.
Around the purchase, we introduce the partners used to buyers who live abroad: bilingual notaire, mortgage broker, lawyer, sworn translator. Each acts under their own responsibility; we keep the calendar, from the offer to the handing over of the keys.
Frequently asked questions
Can you over-bid on an over-bid?
No. The mechanism applies only once: the second hearing is final, whatever price it reaches. That is what makes the delay bearable, since it cannot reopen indefinitely. Once that hearing is over, the sale is settled and the clock on payment starts.
What happens to the deposit if someone over-bids?
It is returned to you: you are no longer the successful bidder, so you no longer owe the price. You remain free to attend the second hearing and bid again, with the same deposit put back in place. Nothing committed is lost, except time.
Should you wait for the ten days to expire before starting works?
Yes, without hesitation. While the period runs, the title is not final and the property can still slip away. Spending on a property that may go back to auction means funding someone else’s project. The same reasoning applies to ending a lease elsewhere or fixing a moving date.
What happens during those ten days?
After a judicial auction, anyone may take the bidding back by raising it by at least a tenth of the principal price. This is the surenchère du dixième. It is filed by a lawyer, by declaration at the court registry, and it has ten days from the auction to be made.
Why does this rule exist?
Because a forced sale is not a sale between two people who chose each other. It takes place against an owner who did not want it, for the benefit of creditors who want to be paid. The legislator therefore left a door open for ten more days, so the price reached is not merely the price of an empty room on a Tuesday morning.
Is it common?
No, and that is the second reassuring point. An over-bid assumes a third party followed the sale, has the deposit ready, instructs a lawyer and accepts paying at least ten per cent more than the best bidder on the day. Which is to say it mostly appears when the property went clearly below its value.
How do you learn that an over-bid has been filed?
Through your lawyer, who follows the registry of the court where the sale took place. There is no automatic notice to a foreign buyer, no confirmation email on day ten. One more reason not to treat the lawyer as a one-off supplier whose job ends with the hammer: the retainer covers the period that follows.
And in a notarial sale?
The over-bid mechanism belongs to judicial sales. Notarial auctions, which are voluntary sales run by a notary’s office, follow the conditions that office has drafted: they may provide their own window after the sale, or none at all.
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