What is the lowest price a flat can be sold for at auction? From 28 May 2026, not below 80% at the first auction, not below 50% at the second and not below 30% of the established value at the third, unless the parties and mortgage creditors agree on a lower price.
Local searches show what people want to know about public sales: "javna prodaja nepokretnosti" (public sale of real estate) is followed by "sudska javna prodaja nepokretnosti" (court public sale of real estate), "javna prodaja stanova" (public sale of flats) by "prodaja stanova javna dražba" (sale of flats at public auction), "licitacija stanova" (flat auctions) by "licitacija stanova pod hipotekom" (auctions of mortgaged flats), and people also search "javni izvršitelji prodaja nepokretnosti" (enforcement officers real estate sale) and "zakljucak o prodaji nepokretnosti" (real estate sale order). The rules come from the Law on Enforcement and Security, whose May 2026 amendments changed the lowest price at auctions.
This article explains who runs the sale, how the value is set and the sale announced, how much the deposit is, what the lowest price is at each auction, who cannot buy and what the buyer gets with the property.
Who runs the sale
Enforcement against real estate is carried out by registering the enforcement order in the cadastre, setting the value, selling the property and paying the creditors from the proceeds. Although people also search for a "court public sale", the law makes the public enforcement officer (javni izvršitelj) responsible for carrying out enforcement as a rule, and the court only where the law says so.
The value of the property is set by a decision, at the market price on the day of valuation. The enforcement officer may ask for a valuation by a licensed valuer or for an expert's findings and opinion, and the value is reduced for rights that stay on the property after the sale.
The sale order and viewings
Once the value is set, the enforcement officer issues a sale order (zaključak o prodaji), which sets the method and conditions of sale, the time and place of the sale and the period during which the property can be viewed. The order is published in the media, and a party may, at its own cost, notify real estate agents about it. At least 15 and at most 30 days must pass between publication of the order and the day of the sale.
The conditions of sale include, among other things:
- a description of the property and its appurtenances;
- rights of third parties that the sale does not end, and the easements and real burdens the buyer takes over;
- the assessed value;
- the deadline for the buyer to pay the price, which cannot be longer than 30 days from the day of the sale;
- the method of sale and the amount of the deposit.
The enforcement officer allows anyone interested in buying to view the property at a suitable time.
The lowest price after the 2026 amendments
The sale takes place by oral public auction or by direct agreement, and the auction is held at the enforcement officer's office unless the officer decides otherwise. The amendments published in Official Gazette of Montenegro 70/2026 took effect on 28 May 2026 and changed the lowest price:
| Auction | Before the amendments | From 28 May 2026 |
| First | Not below the established value | Not below 80% of the established value |
| Second | Not below 50% of the established value | Not below 50% of the established value |
| Third | Below 50%, but not below the enforcing creditor's claim | Not below 30% of the established value |
The amendments also deleted the rule under which, where the assessed value was lower than the claim and the second auction had failed, the property could be sold with no price limit with the consent of the enforcing creditor and the mortgage creditor. The parties and mortgage creditors can still agree, by a statement recorded by the enforcement officer, that the property may be sold at a lower price. At least 15 and at most 30 days must pass between two auctions. The amendments contain no specific transitional rule for proceedings already under way, so for a sale that is already scheduled, ask the enforcement officer which rules apply.
The deposit and how the auction runs
- Deposit. Only people who have paid a deposit of one tenth of the established value in advance may take part in the auction. The enforcing creditor and the mortgage creditor are exempt from the deposit if their claims reach its amount and can be paid from the price.
- One bidder. The auction goes ahead even when only one bidder is present, and in that case the enforcement officer may, at the proposal of the parties or the mortgage creditor, postpone it for up to 15 days.
- Procedure. The auction starts with the announcement of the starting price; when at least one participant accepts it, a higher price is announced, and the auction closes when the last announced price is not accepted. An award order gives the property to the bidder who offered the highest price.
- Right of first refusal. A person with a statutory right of first refusal, for example a co-owner, takes priority over the best bidder if, immediately after the auction closes, they declare that they will buy on the same terms. How that right works for co-owners is explained in our article on co-ownership and the right of first refusal.
Paying the price and losing the deposit
The buyer must pay the price within the deadline set in the sale order. If the highest bidder fails to do so, the enforcement officer declares the sale to that bidder void and invites the second bidder to buy, and since the 2026 amendments the third and every following bidder as well. Also new is the rule that a bidder whose offer was accepted but who did not pay the price in time does not get the deposit back. Bidders whose offers were not accepted get their deposits back as soon as the auction closes, except the second and third bidders, whose deposits are returned once the sale price has been paid.
If the buyer is an enforcing creditor whose claim can be paid from the price, they pay only the difference between the price achieved and their claim.
Who cannot buy
The buyer cannot be the debtor, a founder or authorised person of the debtor, a judge, the enforcement officer or their staff, another person officially involved in the sale, their relatives within the circle defined by law, spouse, guardian, adopted child or adoptive parent, nor anyone who by law cannot acquire that property.
The last rule matters for foreigners: a foreign person cannot own, for example, agricultural land, forest and forest land, or property within one kilometre of the land border or on islands. There is an exception for agricultural and forest land of up to 5,000 m² when a residential building standing on it is being bought. For natural and legal persons from European Union countries these restrictions will end on the day Montenegro joins the European Union.
What the buyer gets with the property
| Question | Rule |
| Registration of ownership | Once the price is paid, the enforcement officer orders the property to be handed over to the buyer and their ownership to be registered in the cadastre |
| Mortgage | The mortgage is extinguished on the day of handover to the buyer, unless the buyer and the mortgage creditor agree that it stays, with the price reduced by the debt taken over |
| Easements | Real easements stay; personal easements and real burdens registered before the rights of the creditors in the proceedings also stay, and the rest are extinguished |
| Tenant | The lease does not end if the contract was concluded and the flat handed over to the tenant before the enforcement order; the buyer takes over the landlord's rights |
| Moving out | The debtor loses the right of possession and must hand over the property; the enforcement officer orders it vacated |
| Objection to the sale | A decision on a request to remedy irregularities does not affect a completed sale, but it can be grounds for damages |
The handover order is also sent to the tax authority; the general tax rules on buying are explained in our article on property transfer tax. How a mortgage is removed in an ordinary sale is explained in our article on selling a flat with a mortgage.
Before the auction: a quick list
| Check | Why |
| Title extract | Mortgages, easements, annotations and registration of the enforcement order |
| Conditions of sale | Rights that stay, the deadline for the price and the deposit amount |
| Viewing | The condition of the property and who lives there |
| Lease agreement | A tenant may stay after the sale |
| Whether you may buy | Restrictions for foreigners and for people connected to the proceedings |
| Money for the price | The deadline is at most 30 days, and the deposit is not returned if you do not pay |
How to read a title extract is explained in our article on the cadastre extract. Flats and houses that owners sell by private agreement can be found in our real estate category.
Frequently asked questions
Who runs the public sale of real estate in Montenegro? The public enforcement officer, except where the law gives the court jurisdiction. The officer sets the value, issues the sale order and runs the auction.
How much is the deposit? One tenth of the established value of the property. You cannot take part in the auction without paying the deposit.
What happens if I do not pay the price on time? The sale to you has no legal effect, the deposit is not returned, and the enforcement officer invites the next bidder.
Does the mortgage stay on the flat I bought? No. The mortgage is extinguished on the day of handover to the buyer, unless the buyer and the mortgage creditor agree that it stays.
Does a tenant have to move out? No, if the lease was concluded and the flat handed over to the tenant before the enforcement order. The buyer then takes over the landlord's rights.
Sources
The public sale of real estate is governed by the Law on Enforcement and Security (Official Gazette of Montenegro 36/2011, 28/2014, 20/2015, 22/2017, 76/2017, 25/2019 and 70/2026, articles 3 and 154 to 188), whose consolidated text up to the 2026 amendments is published by Paragraf. The restrictions for foreigners are set by the Law on Property Relations (Official Gazette of Montenegro 19/2009 and 29/2025, article 415). Fijaka is a classifieds platform and does not provide legal advice; before taking part in an auction, check the conditions of sale with the enforcement officer or consult a lawyer.