New Rules in Enforcement Sales: Sanctions for Not Paying the Tender Price, Creditor Security and Treasury Exemption (EBL Art. 114)

In auction sales run by enforcement offices, winners who do not pay the tender price, the fate of the security deposit and the creditor's own security obligation are frequent problems. Law No. 7589 of 31 July 2026 (Art. 1) amended Article 114 of the Enforcement and Bankruptcy Law (EBL) on the content of the electronic sales portal notice. This article summarises the changes in general terms and does not replace an assessment of your file.

1. Creditor's security and Treasury exemption

A creditor who requested the sale and wishes to take part in the auction need not provide security up to the amount of its claim covered by security, provided it applies to the enforcement office by close of business on the working day before the auction period ends. The Treasury is exempt from providing security in auctions (EBL Art. 114, item 6 of the notice content).

2. Minimum bids

Bids on the electronic portal must exceed fifty percent of the estimated value of the seized asset and also the total of the claims secured by that asset with priority over the seller's claim, plus liquidation and distribution costs. In the first auction among heirs (dissolution of co-ownership by sale), one hundred percent of the estimated value is required (item 8). See our article on the first auction among heirs (Turkish).

3. Sanctions for a buyer who does not pay the tender price

If the highest bidder does not pay the tender price within the period (item 9):

• The security is not refunded; it is first set off against sale costs and the remainder is paid to rights holders against their claims in the enforcement files.
• If the defaulting buyer is the requesting creditor, ten percent of the estimated value is set off from its own claim and the sale costs are left with it, not charged to the debtor.
• In dissolution of co-ownership by sale, the security of the defaulting buyer is not refunded; after sale costs are set off it is paid to co-owners in proportion to their shares. If the defaulting person is a co-owner, the whole security goes to the other co-owners in proportion to shares.
• In addition, an administrative fine of five percent of the bid is imposed and reported to the collection office to be collected under Law No. 6183.

The buyer must pay the full price within seven days of the announcement on the electronic sales portal of the record that the tender took place (item 11).

4. Transitional provision

Under the transitional article of Law No. 7589, the changes to EBL Art. 114 do not apply to auctions announced before it entered into force; the earlier provisions continue to apply to those auctions.

5. What to do

• If you will bid at an enforcement sale, read the security, time and payment conditions in the notice carefully.
• If you cannot pay the tender price in time, assess the risk of losing the security and incurring an administrative fine beforehand.
• As creditor or debtor, check the date of the sale notice in your file and whether the change applies.

To have your enforcement file assessed with its documents, you can create an appointment or reach us via the contact page. See also our article on objecting to enforcement proceedings.

This article is for general information only, contains no promise of results and is not legal advice.