[Direct answer]In the Beijing area, the process generally involves three steps: First, within the time limit required by the court, the claimant submits materials that can prove their qualification as the subject of the preemptive purchase right and the source of their rights, such as certificates of co-ownership, ownership certificates, contracts, etc. Second, the people's court reviews and confirms the claim, and announces it in the auction notice, notifying known preemptive purchasers. Third, when participating in the auction, the preemptive purchaser can bid at the same price as other bidders. If there are no higher bids, the preemptive purchaser will win the bid. If the preemptive purchaser does not participate in the bidding or assert their rights within the time limit after being notified, they are generally deemed to have waived their preemptive purchase right. It should be noted that the preemptive purchase rights of different subjects vary. There are differences in the application rules of the preemptive purchase rights of co-owners and lessees in judicial auctions. The determination should be based on legal provisions and the specific circumstances of each case.

I. Problem Background and Typical Scenarios

When a jointly-owned property or an executory asset is disposed of, the co-owners, lessees, and other relevant parties often hope to acquire it preferentially. However, due to their lack of understanding of the rules for exercising the preemptive right in judicial auctions, some parties only raise their claims after the auction has already begun, while others submit materials but fail to participate in the bidding, ultimately losing the opportunity. When handling such cases in the Beijing area, the court will review whether the claimant belongs to a party entitled to the preemptive right according to law, whether the claim was raised within the time limit, and whether the claimant participated in the bidding according to the rules, in order to determine whether they can bid preferentially. Understanding the scope of subjects entitled to the preemptive right and the steps for exercising the right is key for relevant parties to protect their own rights and interests.

II. Key points of contention

Firstly, which entities enjoy the right of first refusal in judicial auctions. Secondly, the time limit and material requirements for claiming the right of first refusal. Thirdly, how the priority rules apply in equal conditions. Fourthly, the legal consequences of failing to participate in the bidding after being notified. Fifthly, whether the lessee's right of first refusal applies in judicial auctions.

III. Professional analysis by Henglue Lawyers

Henglue Lawyers believe that the core of the preemptive right of purchase is the priority to acquire under "equal conditions". The exercise of this right requires both substantive legal basis and timely assertion and standardized participation in the process. Common problems in practice include: the claimant failing to submit materials within the time limit, resulting in unconfirmed eligibility; only verbally asserting the right without actually participating in the bidding, which is deemed as a waiver; and disputes over whether the co-ownership or leasehold relationships truly exist and whether the evidence is sufficient. Based on the experience of our team in handling enforcement and real estate-related cases, claimants should pay attention to three key points: First, submit ownership certificates, co-ownership agreements, lease contracts, and other materials to the enforcement court as soon as possible to clarify the source of their rights; Second, check whether the auction announcement specifies the preemptive right of purchase, and assert the right in a timely manner if not notified; Third, participate in the auction according to the rules required by the court and exercise the preemptive right at the same price. It should be noted that the scope of application and restrictions of different types of preemptive rights vary. Whether the preemptive right of purchase by lessees applies in judicial auctions is a controversial issue in practice. It should be judged in light of legal provisions, the type of property, and the specific circumstances of each case. The final judgment should be based on the currently effective laws, regulations, and judicial rulings. 恒略律师认为，优先购买权的核心是“同等条件”下的优先取得，其行使既需要实体上的权利依据，也需要程序上的及时主张与规范参与。实务中常见问题包括：主张人未在期限内提交材料，导致资格未被确认；仅口头主张而未实际参与竞价，被认定放弃；以及共有关系、承租关系是否真实存在、证据是否充分的争议。以本所团队办理执行与房产类案件的经验，主张人应当重点关注三点：一是尽早向执行法院提交权属证明、共有协议、租赁合同等材料，说明权利来源；二是核对拍卖公告是否载明优先购买权事项，未被通知的及时主张；三是按法院要求的规则参与竞拍，在同等价格下行使优先权。需要说明的是，不同类型优先购买权的适用范围与限制各不相同，司法拍卖中承租人优先购买权能否适用在实务中存在争议，应结合法律规定、财产类型与个案情况判断，最终以现行有效法律法规及司法裁判为准。

IV. Practical Suggestions and Legal Basis

Action list: First, confirm whether you are a subject entitled to the priority purchase right according to law, and organize the proof materials of ownership, joint ownership or lease relationships; Second, submit written claims and evidence within the time limit required by the court and actively verify whether you have been recognized as a priority purchase right holder; Third, pay attention to whether the auction announcement specifies the priority purchase right matters. If you are not notified, please promptly report it to the court; Fourth, participate in the auction according to the rules and exercise the priority right at the same price; Fifth, if you have objections to the qualification confirmation or auction procedures, you may file a written objection according to law. For matters involving creditor's rights and debts and enforcement, you may refer to the relevant provisions.Creditor's rights and debts, and enforcementAndReal estate transactions and construction projectsLegal basis: Articles 305 and 726 of the Civil Code of the People's Republic of China (effective from January 1, 2021) regarding the preemptive purchase rights of fractional co-owners and lessees; and the provisions on notifying preemptive purchasers in the "Regulations of the Supreme People's Court on Auction and Sale of Property in Civil Enforcement" (amended in 2020). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, the preemptive right of purchase requires active assertion and will not be automatically realized. Secondly, after asserting the right, it is necessary to actually participate in the auction. Simply asserting the right without bidding may be regarded as a waiver. Thirdly, the legal basis of rights such as joint ownership and leasehold must be supported by evidence. Fourthly, those who have not been notified should raise objections in a timely manner to avoid missing the opportunity to exercise their rights. For matters involving creditor's rights and debts and enforcement, they can be handled through legal means.Creditor's rights and debts, and enforcementFor those who want to obtain a comprehensive solution for service, they can refer to the disputes over property ownership and shared ownership of housesReal estate transactions and construction projects, those involving family property and inheritance can be combined\nInheritance of property and division of family assetsFor matters related to the disposal of enterprise assets, you can seek adviceBusiness and contract disputes in enterprises.

VI. Frequently Asked Questions

Q1: Who enjoys the priority right of purchase in judicial auctions?

The main entities entitled to the preemptive right of purchase according to law are fractional co-owners and other entities entitled to the preemptive right of purchase as stipulated by law or contract. Lessees enjoy the preemptive right of purchase in ordinary sales according to Article 726 of the Civil Code of the People's Republic of China, but whether it can be applied in judicial auctions is controversial and needs to be judged on a case-by-case basis.

Q2: How can the priority purchase right holder assert their rights?

The written claim should be submitted within the time limit required by the court, and the ownership certificate, certificate of joint ownership, contract, and other materials that can prove the source of rights should be submitted for review and confirmation by the court. After confirmation, the court will specify and notify in the auction announcement that the claimant must participate in the auction according to the rules in order to exercise the priority right.

Q3: How can the priority purchaser acquire the property through bidding?

The preemptive right holder may bid at the same price as other bidders, and if there are no higher bids, the preemptive right holder will win the property. That is to say, the preemptive right manifests itself as a priority under "equal conditions", rather than obtaining it at a lower price.

Q4: What will happen if I don't participate in the auction?

If a bidder fails to participate in the bidding or to assert his/her rights within the prescribed time limit, he/she shall be deemed to have waived the right of first refusal, and the property shall be acquired by the other bidder who offers the highest price. Therefore, after asserting his/her rights, the bidder must actually participate in the bidding and cannot just submit the materials without bidding.

Q5: What should I do if I'm not notified about the auction?

You can promptly report to the executing court and request a correction of the procedure, stating that you are a known priority buyer. If you have any objections to the auction results, you can file a written objection in accordance with the law. If the auction has already concluded, you should assert your rights promptly to avoid difficulties in recovering the property after it has been delivered due to delays.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →\nLegal services for creditor-debtor disputes·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If a dispute arises, please consult a practicing lawyer in time.