In the case of auction of a real estate property, what does mean if the property is vacant or occupied?

The property is vacant if after a successful and legally auction it can be taken into possession.

The property designated as occupied cannot be taken into possession even after a successful and legally binding auction, because or a property in co-ownership was auctioned, or the property is auctioned with right of usufruct/widow’s rights, or the judgment creditor(s) has agreed to sell the property occupied. Immovable properties shall be auctioned occupied, if

a tenant living there based on a valid rental contract, or the tenant is an ancestor of the judgment debtor who has been living in the property for six consecutive months directly preceding commencement of the enforcement procedure and ownership of the property was transferred directly to the judgment debtor from such relative. In general, it cannot be taken into possession if the partial ownership share of the property is sold in the auction procedure!

At the same time, the sale in vacant condition does not mean that no one actually lives in the property, but that in the event of a successful auction, the property must be given possession to the auction buyer. If the judgment debtor and the persons living in the immovable property by right of the judgment debtor leave the premises voluntarily, the bailiff shall transfer the immovable property purchased to the auction buyer, otherwise, at the auction buyer’s request, the bailiff ensure the possession by vacating the auctioned property. If the judgment debtor does not comply with the obligation to vacate the premises within the statutory deadline, the auction buyer may request the bailiff to bring into possession the property before the fifteenth day following the prescribed time limit for vacancy, for which the bailiff will take action with the help of the police if necessary. If the auction buyer misses the above deadline, he can only request the vacation of the property within the framework of court proceedings. (Vht. 141. §, 154/A.§)

Before registering as a bidder, we definitely recommend that you inquire with the independent bailiff acting in the case about the encumbrances of the property (beneficial ownership, rights of use, etc.).