leiloeiro-edital

## Overview

Analysis and audit of judicial and extrajudicial auction notices. Hidden risks, dangerous clauses, debts, occupancy and grading of the opportunity.

## When to Use This Skill

- When the user mentions "auction notice" or related topics
- When the user mentions "auction notice analysis" or related topics
- When the user mentions "notice risks" or related topics
- When the user mentions "notice clauses" or related topics
- When the user mentions "auction property debts" or related topics
- When the user mentions "read the notice" or related topics

## Do Not Use This Skill When

- The task is unrelated to auction notices
- A simpler, more specific tool can handle the request
- The user needs general-purpose assistance without domain expertise

## How It Works

You are an **Expert Specialized in Auction Notices**, able to extract
and analyze every critical clause of any judicial or extrajudicial auction notice.

---

## Notice Analysis Protocol

When you receive a notice (or information from it), ALWAYS run the 8 blocks below:

---

## Block 1 — Identification And Classification

**Extract from the notice:**
- Case number (if judicial)
- Auctioneer's name and license (CRC/Board of Trade)
- Auction platform (in-person / online — which portal)
- Date, time and place of the 1st auction
- Date, time and place of the 2nd auction
- Principal (who orders the auction): bank, creditor, notary
- Type: JUDICIAL (CPC) or EXTRAJUDICIAL (Law 9.514/97)

**Initial classification:**
```
Type: [ ] Judicial  [ ] Extrajudicial - Fiduciary Sale  [ ] Direct Sale
Mode: [ ] 1st Auction  [ ] 2nd Auction  [ ] Single
Platform: ___________
Date/Time: ___________
```

---

## Block 2 — Property Description And Location

**Check:**
- Complete, precise address (ZIP, number, complement)
- Type: house, apartment, lot, commercial unit, warehouse, rural
- Total area and built area (compare with the registry record)
- Registry record number and registry office
- Property tax / municipal code number
- Construction standard described in the notice
- Declared condition
- Parking space included (if so, own record or linked?)

**Alerts:**
- ⚠️ Area declared in the notice ≠ area in the registry record → possible irregularity
- ⚠️ No registry record number → research before bidding
- ⚠️ Vague description ("property at the following address...") → request an appraisal report

---

## Block 3 — Appraisal Value And Minimum Bid

**Extract and calculate:**
```
Appraisal Value (AV):              R$ _____________
Minimum Bid 1st Auction:           R$ _____________  (= AV judicial / AV extrajudicial)
Minimum Bid 2nd Auction:           R$ _____________  (50% AV judicial / debt extrajudicial)
Appraisal Date:                    _______________
Responsible appraiser:             _______________
```

**Discount Analysis:**
- Discount off AV at the 1st auction's minimum bid: ____%
- Discount off AV at the 2nd auction's minimum bid: ____%
- Real discount (compared to estimated market value): ____%

**Alerts:**
- ⚠️ Appraisal older than 12 months → risk of being outdated — a reappraisal may be requested (Art. 873 CPC)
- ⚠️ AV far below the market → investigate the reports or favoritism
- ⚠️ AV far above the market → the auction won't clear at the 1st; wait for the 2nd
- ⚠️ Extrajudicial 2nd auction: minimum bid = debt → may be WELL below market value (great opportunity)

---

## Block 4 — Property Status (Possession And Occupancy)

**Check in the notice:**
- [ ] Property vacant (ready to use)
- [ ] Property occupied by the debtor/defendant
- [ ] Property occupied by a third party (tenant or squatter)
- [ ] Status omitted from the notice (⚠️ RISK)

**Impact of Occupancy:**

| Situation | Risk | Estimated Cost | Timeframe |
|----------|-------|----------------|-------|
| Vacant | Low | Zero | Immediate |
| Cooperative debtor | Medium-Low | Negotiation | 30-90 days |
| Resistant debtor | High | R$ 5-15k (lawsuit) | 6-18 months |
| Tenant with contract | Medium | Compensation | 3-6 months |
| Third-party squatter | High | Repossession suit | 6-24 months |

**If occupied, check:**
- Does the notice specify who is responsible for eviction?
- Is there an eviction injunction already granted?
- Does the buyer receive with or without legal assistance from the bank/creditor?
- Is the lease registered on the record? (A lease with a running term may have to be honored)

---

## 5.1 Responsibility For Debts — What Does The Notice Say?

**Check specifically:**
- [ ] Property tax (IPTU) — amount owed and who is responsible
- [ ] Condo fees — amount owed and who is responsible
- [ ] Garbage fee, public lighting
- [ ] Water/sewer debts (SABESP, CEDAE, etc.)
- [ ] Improvement fees and municipal works

**Critical reading of the clauses:**

| Wording in the Notice | Interpretation | Risk |
|-------------------|---------------|-------|
| "The property is sold as-is" | Debts may follow the property | High |
| "Free of encumbrances" | Buyer is not liable | Low |
| "Debts to be borne by the buyer" | You pay everything | High — quantify |
| "Notice silent on debts" | The propter rem rule applies | Medium |
| "Debts to be paid from the auction proceeds" | The judge reserves funds | Low |

**ALWAYS QUANTIFY:**
Before bidding, obtain:
1. Property-tax debt certificate (city hall)
2. Condo-fee debt statement (manager/administrator)
3. Water/gas debt statement

## 5.2 Real Encumbrances Registered On The Record

**Check in the notice and on the record:**
- [ ] Mortgage (which bank, what amount, what date)
- [ ] Prior fiduciary sale (before the attachment)
- [ ] Registered usufruct (who is the usufructuary? estimated life expectancy?)
- [ ] Easement (right of way, public utility)
- [ ] Inalienability clause (inheritance with a clause)
- [ ] Leasehold — shoreline land (laudêmio: 5% of value at each transfer)
- [ ] Prior attachments (another case — which has priority?)

**Special attention:**
- Lifelong usufruct → the buyer has no right of use while the usufructuary lives
- Leasehold → pay laudêmio + annual ground rent to the SPU
- Mortgage prior to the attachment → check whether it was named in the enforcement (subrogation)

---

## Block 6 — Payment Terms

**Extract from the notice:**
- Accepted payment method (cash, wire transfer, check, letter of credit)
- Deadline for full cash payment
- Possibility of installments — Art. 895 CPC:
  - 25% cash at the moment of the winning bid
  - Balance within up to 30 days (or as determined)
- Bank financing accepted? Which bank?
- Auctioneer's commission: ____% (standard: 5%)
- Charged on the bid amount or separately?
- ITBI (municipal transfer tax): ___% (varies by city — average 2-3%)
  - São Paulo: 3%
  - Rio de Janeiro: 3%
  - Belo Horizonte: 3%
- Registration and deed costs: _____ (notary's fee schedule)

**Estimated Total Cost:**
```
Winning bid:                       R$ _____________
(+) Auctioneer's commission (5%):  R$ _____________
(+) ITBI (2-3%):                   R$ _____________
(+) Notary registration:           R$ _____________
(+) Lawyer (eviction, if needed):  R$ ________
(+) Accrued property-tax debts:    R$ _____________
(+) Condo-fee debts:               R$ _____________
(+) Estimated works/adaptations:   R$ _____________
= REAL TOTAL COST:                 R$ _____________
```

---

## Block 7 — Documentary And Legal Compliance

**Check the notice's compliance items:**

**a) Publication of the notice (Art. 887 CPC / Art. 27 Law 9.514):**
- [ ] Published in the Official Gazette?
- [ ] Published in a widely circulated newspaper?
- [ ] Published on the court's portal (if judicial)?
- [ ] Minimum 5 days' notice observed?

**b) Mandatory notifications (Art. 889 CPC):**
- [ ] Debtor/fiduciant notified?
- [ ] Spouse/partner notified?
- [ ] Mortgage creditor notified (if any)?
- [ ] Usufructuary notified (if any)?
- [ ] Holder of a preemption right notified?

**c) Licensed auctioneer:**
- [ ] Name and registration with the Board of Trade
- [ ] Accredited by the court (if judicial)
- [ ] Extrajudicial auction: auctioneer appointed by the fiduciary creditor

**d) Complete notice (Art. 887, §1 CPC):**
- [ ] Description of the asset
- [ ] Appraisal value
- [ ] Existing encumbrances
- [ ] Payment terms
- [ ] Place, day and time of the auction

---

## Notice Risk Matrix

**Score (add up points):**

| Factor | Low Risk (0) | Medium Risk (1) | High Risk (2) |
|-------|----------------|----------------|----------------|
| Possession | Vacant | Occupied (cooperative) | Occupied (contentious) |
| Debts | Free of encumbrances | Disclosed and quantified | Omitted or high |
| Real Encumbrances | None | Subrogated mortgage | Usufruct/attachments |
| Documentation | Perfect | Minor irregularities | No occupancy permit/registration |
| Case | No objections | Objections without suspension | Objections with suspension |
| Appraisal | Up to date and fair | Outdated | Over/undervalued |
| Discount | > 40% | 20-40% | < 20% |

```
RISK SCORE: ____ / 14

0-2: LOW RISK ✅
3-6: MEDIUM RISK ⚠️
7-10: HIGH RISK 🔴
11-14: VERY HIGH RISK ❌
```

## Final Verdict On The Notice

```
NOTICE #_______________
Property: _______________
Auction Date: ___________

RISK SCORE: [  ] / 14
CLASSIFICATION: [ ] LOW  [ ] MEDIUM  [ ] HIGH  [ ] VERY HIGH

POTENTIAL DISCOUNT: ____%
ESTIMATED TOTAL COST: R$ ___________
ESTIMATED MARKET VALUE: R$ ___________
MARGIN OF SAFETY: R$ ___________

KEY POSITIVES:
✅ _______________
✅ _______________

KEY ALERTS:
⚠️ _______________
⚠️ _______________

RECOMMENDED ACTION:
[ ] BID — Clear opportunity
[ ] BID with precautions (describe)
[ ] WAIT FOR THE 2ND AUCTION
[ ] DO NOT BID — Risk outweighs opportunity
[ ] DUE DILIGENCE NEEDED BEFORE DECIDING
```

---

## Important Deadlines

| Deadline | Event | Legal Basis |
|-------|--------|-----------|
| 5 days | Minimum notice period for publishing the notice | Art. 887 CPC |
| 15 days | Cure of default (extrajudicial) | Art. 26, §1 Law 9.514/97 |
| 10 days | Deadline to void the winning bid for a defect | Art. 903 CPC |
| 30 days | 1st to 2nd extrajudicial auction | Art. 27 Law 9.514/97 |
| 60 days | Deadline for possession (judicial) | Art. 894 CPC |
| 15 days | Payment of the balance after the winning bid | Art. 890 CPC |

## Typical Costs By State (Itbi)

| City | ITBI |
|-----------|------|
| São Paulo (SP) | 3% |
| Rio de Janeiro (RJ) | 3% |
| Belo Horizonte (MG) | 3% |
| Curitiba (PR) | 2.7% |
| Porto Alegre (RS) | 3% |
| Salvador (BA) | 3% |
| Brasília (DF) | 3% |
| Fortaleza (CE) | 2% |
| Recife (PE) | 3% |
| Manaus (AM) | 2% |

*Always verify on the city hall's website — rates may change*

---

## Extra Block — Direct-Sale Notices (Cef, Bb, Santander)

Bank direct-sale notices have a different format from judicial ones. Specific points:

## Caixa Online Sale (Caixavbr.Com.Br)

**Structure of the CEF notice:**
```
1. Lot identification (number, address, registry record)
2. Minimum sale value (VMAV — Minimum Acquisition and Sale Value)
3. Accepted payment method:
   - Cash (5-10% discount)
   - Financing by CEF itself (up to 80% of VMAV)
   - FGTS: can be used for part of the payment
4. Property condition: "as-is"
5. Responsibility for debts: usually borne by the buyer
6. Auctioneer/intermediary commission: 5%
7. Eviction deadline (if occupied): buyer's responsibility
```

**CEF differentiators:**
- Ability to use FGTS (provided SFH requirements are met)
- Financing up to 360 months by the bank itself
- Additional discount for cash payment
- PMCMV/MCMV properties: affordable prices, high demand
- Notice does not need to comply with the CPC (it is not a judicial auction)

## Bb / Santander / Itaú Direct Sale

**Common pattern:**
- Simplified notice (does not follow the CPC)
- Sale value set by the bank (internal report)
- Intermediation commission: 5-6%
- Financing by the bank itself may be offered
- Property sold "as-is and with encumbrances"
- **ATTENTION:** "and encumbrances" = the buyer assumes EVERYTHING (property tax, condo fees, works, occupancy)

## Checklist Specific To Direct Sales

- [ ] Is the VMAV reasonable compared to the market? (research ZAP/VivaReal)
- [ ] Does it accept financing? What percentage?
- [ ] Does it accept FGTS?
- [ ] Deadline for the proposal and payment
- [ ] Intermediation commission (built in or separate)
- [ ] Explicit responsibility for property-tax/condo-fee debts
- [ ] Property listed as occupied or vacant
- [ ] Is an inspection available (photos/bank report)

---

## Buyer's Cost Spreadsheet Template

Fill in for each lot analyzed:

```
╔══════════════════════════════════════════════════════════╗
║             COST SPREADSHEET — LOT #_______             ║
╠══════════════════════════════════════════════════════════╣
║                                                          ║
║  INTENDED BID AMOUNT:                R$ ______________   ║
║                                                          ║
║  ACQUISITION COSTS:                                     ║
║  (+) Auctioneer's commission (5%):   R$ ______________   ║
║  (+) ITBI (3% on MV or bid):         R$ ______________   ║
║  (+) Public deed:                    R$ ______________   ║
║  (+) Registration at the CRI:        R$ ______________   ║
║  (+) Certificates (CND, encumbr.):   R$ ______________   ║
║  (+) Lawyer (if needed):             R$ ______________   ║
║                                                          ║
║  PROPERTY LIABILITIES:                                  ║
║  (+) Overdue property tax:           R$ ______________   ║
║  (+) Overdue condo fees:             R$ ______________   ║
║  (+) Overdue water/gas:              R$ ______________   ║
║  (+) Laudêmio (if leasehold):        R$ ______________   ║
║                                                          ║
║  OPERATING COSTS:                                       ║
║  (+) Eviction (estimate):            R$ ______________   ║
║  (+) Estimated renovation:           R$ ______________   ║
║  (+) Documentary regularization:     R$ ______________   ║
║                                                          ║
║  ═══════════════════════════════════════════════════════  ║
║  TOTAL INVESTED COST:                R$ ______________   ║
║                                                          ║
║  ESTIMATED MARKET VALUE (MV):        R$ ______________   ║
║  MARGIN OF SAFETY:                   R$ ______________   ║
║  MARGIN (%):                         _____%             ║
║                                                          ║
║  VERD

## Installation

Knowledge-only skill. Requires no dependency installation.

```bash

## Check Whether The Skill Is Registered:

python C:\Users\renat\skills\agent-orchestrator\scripts\scan_registry.py
```

---

## Commands And Usage

How to use this skill:

```bash

## Use Via Orchestrator (Automatic):

python agent-orchestrator/scripts/match_skills.py "analyze auction notice"

## "What Should I Check In This Caixa Notice?"

```

---

## Governance

This skill implements the following governance policies:

- **action_log**: Each notice analysis is recorded by log_action for traceability
- **rate_limit**: Controlled via the check_rate integrated into the ecosystem
- **requires_confirmation**: A "DO NOT BID" verdict triggers a confirmation_request to the user
- **warning_threshold**: A risk score >10/14 triggers warning_threshold with an automatic alert

Additional policies:
- **Owner:** Auctioneer AI Ecosystem
- **Scope:** Expert analysis of judicial and extrajudicial auction notices
- **Limitations:** Analysis based on the information provided. Does not access court cases.
- **Audit:** Validated by skill-sentinel
- **Sensitive data:** Does not store data from analyzed notices

---

## Common Traps In Notices — Top 10

| # | Trap | How to Detect | Impact |
|---|-----------|---------------|---------|
| 1 | "As-is and with encumbrances" | Careful reading of the liability clause | Surprise debts |
| 2 | Notice silent on occupancy | Does not mention occupied/vacant | Eviction cost |
| 3 | Appraisal 3+ years old | Report date in the notice | Outdated value |
| 4 | High condo fee not disclosed | Does not mention the fee amount | High fixed expense |
| 5 | Property in a shoreline strip | Description mentions "leasehold" or "shoreline land" | 5% laudêmio |
| 6 | Ideal fraction of separate parking | Notice says "excluding the parking box" or "parking not included" | You lose the space |
| 7 | Built area not registered | Record with a smaller area than reality | Regularization cost |
| 8 | 2nd auction = debt value (not market) | Extrajudicial — minimum may be 20% of MV | Looks great, but check the debts |
| 9 | Commission not included in the bid | "Commission borne by the buyer BEYOND the bid" | Extra 5% on the value |
| 10 | Installments with sky-high interest | Read the installment clause (IGP-M, IPCA, 1% p.m.) | Hidden finance cost |

## Best Practices

- Provide clear, specific context about your project and requirements
- Review all suggestions before applying them to production code
- Combine with other complementary skills for comprehensive analysis

## Common Pitfalls

- Using this skill for tasks outside its domain expertise
- Applying recommendations without understanding your specific context
- Not providing enough project context for accurate analysis

## Related Skills

- `junta-leiloeiros` - Complementary skill for enhanced analysis
- `leiloeiro-avaliacao` - Complementary skill for enhanced analysis
- `leiloeiro-ia` - Complementary skill for enhanced analysis
- `leiloeiro-juridico` - Complementary skill for enhanced analysis
- `leiloeiro-mercado` - Complementary skill for enhanced analysis
```