How to Get Your Money Back If a Land Auction Did Not Take Place in Kazakhstan

How to Get Your Money Back If a Land Auction Did Not Take Place

Learn how to get a guarantee deposit back if a land auction in Kazakhstan did not take place, was cancelled, or the participant did not win. Procedure, application, deadlines, and complaint options.

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Short answer

If a land auction did not take place, the participant did not win, or the auction was cancelled, the guarantee deposit can usually be refunded. The participant should submit a refund application through the electronic portal where the auction was held and sign it with an electronic digital signature.

However, there is an important exception. If the participant won the auction but failed to sign the auction results protocol or the sale or lease agreement, the guarantee deposit may not be refunded.

In simple terms: if you did not violate the auction rules and did not refuse to sign documents as the winner, you may request your money back.

What is a guarantee deposit in a land auction?

A guarantee deposit is an amount paid by a participant to take part in a land auction. It confirms the participant’s serious intention and allows access to the auction.

A guarantee deposit may:

• give the right to participate in a specific auction;
• confirm the participant’s application;
• be refunded if the participant does not win;
• be refunded if the auction does not take place;
• be counted toward payment if the participant wins;
• be withheld if the winner violates obligations.

Before paying the guarantee deposit, it is important to carefully read the auction announcement, auction terms, and refund procedure.

When can a land auction be considered unsuccessful?

A land auction may not take place for several reasons:

• only one application was submitted;
• no participants were admitted;
• no applications were submitted;
• the guarantee deposit was not received on time;
• the organizer removed the lot from the auction;
• the auction was cancelled;
• there was a technical failure;
• no winner was determined;
• auction results were declared invalid;
• participants did not make price offers.

If the auction did not take place through no fault of the participant, the participant usually has grounds to request a refund of the guarantee deposit.

When is the guarantee deposit refunded?

The guarantee deposit is usually refunded if:

• the auction did not take place;
• the participant did not win;
• the auction was cancelled;
• the lot was removed from auction;
• the application was rejected for reasons not related to the participant’s violation;
• the participant did not become obligated to sign an agreement;
• there are no grounds to withhold the deposit.

In practice, the participant should log in to the portal where the auction took place and submit a refund application.

When is the guarantee deposit not refunded?

The guarantee deposit may not be refunded if:

• the participant won and did not sign the protocol;
• the winner refused to conclude the agreement;
• the winner did not sign the sale or lease agreement;
• the participant violated auction conditions;
• the application contained false information;
• the participant failed to fulfill obligations stated in the announcement;
• there is a direct ground for withholding the money.

The riskiest situation is winning the auction and then changing your mind. In that case, the guarantee deposit may be retained.

Step-by-step refund procedure

The usual refund procedure is:

1. Go to the portal where the auction was held;
2. Log in using an electronic digital signature;
3. Open the personal account;
4. Find the relevant auction or lot;
5. Check the auction status;
6. Select the guarantee deposit refund function;
7. Check bank details;
8. Fill in the refund application;
9. Sign the application electronically;
10. Save the filing confirmation;
11. Check whether the money is credited to the bank account.

If the portal does not have the necessary function or does not work, a written request should be sent to the auction organizer or single operator.

Where should the refund application be submitted?

The application is usually submitted through the portal where the auction was held.

This may be:

• e-Qazyna;
• state property register portal;
• gosreestr.kz;
• another electronic portal specified in the announcement;
• single operator;
• land auction organizer.

The specific auction announcement should be checked. It usually states the organizer, payment details, guarantee deposit terms, and refund procedure.

What bank details are needed?

The refund application should include correct bank details.

Usually, the following are needed:

• full name of the participant or legal entity name;
• individual identification number or business identification number;
• bank name;
• IBAN;
• bank identification code;
• contact phone number;
• email;
• auction number;
• lot number;
• guarantee deposit amount;
• payment date;
• payment document number.

Bank details must be checked carefully. One wrong digit in the IBAN can delay the refund.

What documents should be attached?

The application may include:

• identity document;
• receipt confirming payment of the guarantee deposit;
• auction participation application;
• auction information;
• lot number;
• bank details;
• screenshot of auction status;
• portal notification;
• power of attorney if a representative applies;
• corporate documents if the participant is a company.

If the application is submitted through the portal, some information may be filled automatically.

How long does the refund take?

Land auction announcements often state that where there are no grounds for withholding the deposit, the guarantee deposit is refunded within three business days from the date the participant submits an electronically signed application on the portal.

However, the exact period should be checked in the terms of the specific auction. Sometimes the refund procedure is additionally stated in the announcement or portal rules.

What if the money is not refunded?

If the application was submitted but the money has not been returned, act in writing.

Recommended steps:

1. Check the application status in the personal account;
2. Verify the bank details;
3. Obtain a bank statement;
4. Contact portal support;
5. Write to the single operator;
6. Write to the auction organizer;
7. Contact the akimat or land relations department;
8. File a complaint through eOtinish;
9. Go to court if necessary.

A phone call may help, but legal protection requires written proof: application, registration number, response, and screenshots.

Where to complain if there is no refund

A complaint may be sent to:

• auction organizer;
• single operator;
• portal administration;
• land relations department;
• akimat;
• eOtinish;
• prosecutor’s office;
• court.

If the money is withheld without legal grounds, the participant has the right to request refund and a written explanation of the delay.

Sample refund application

To: [auction organizer / single operator / land relations department]
From: [full name or legal entity name]
IIN/BIN: [IIN/BIN]
Address: [address]
Phone: [phone number]
Email: [email]

APPLICATION

for refund of guarantee deposit in a land auction

I, [full name], submitted an application on [date] through [portal name] to participate in an electronic auction for the sale of a land plot / lease right to a land plot.

Auction details:

• auction number: [number];
• lot number: [number];
• land plot location: [address / description];
• guarantee deposit amount: [amount] tenge;
• payment date: [date];
• payment document number: [number].

The auction did not take place / I was not recognized as the winner / the auction was cancelled / the lot was removed from auction / no obligation to conclude an agreement arose for me.

There are no grounds to withhold the guarantee deposit.

Based on the above, I request that the guarantee deposit in the amount of [amount] tenge be refunded to the following bank details:

• recipient: [full name / legal entity name];
• IIN/BIN: [IIN/BIN];
• bank: [bank name];
• IBAN: [account number];
• BIC: [BIC].

Please review this application within the established period and provide a written response.

Attachments:

1. Copy of identity document;
2. Receipt confirming payment of the guarantee deposit;
3. Auction and lot information;
4. Bank details;
5. Portal notification or screenshot;
6. Power of attorney if submitted by a representative;
7. Other documents.

Date: ____________
Signature: ____________

Sample complaint if the money is not returned

To: [akimat / land relations department / single operator / eOtinish]
From: [full name]
IIN: [IIN]
Address: [address]
Phone: [phone number]

COMPLAINT

regarding non-refund of guarantee deposit in a land auction

I participated in a land auction held on [date] through [portal name]. To participate, I paid a guarantee deposit in the amount of [amount] tenge.

Auction details:

• auction number: [number];
• lot number: [number];
• payment date: [date];
• payment document: [number].

The auction did not take place / I was not recognized as the winner / the auction was cancelled. There are no grounds to withhold the guarantee deposit.

On [date], I submitted an application for refund of the guarantee deposit. However, the money has not been returned / no written response has been provided / the refund period has been violated.

Based on the above, I request that you:

1. Check the reason for non-refund of the guarantee deposit;
2. Take measures to refund [amount] tenge;
3. Provide a legal assessment of actions or inaction of responsible persons;
4. Provide a written response.

Attachments:

1. Payment receipt;
2. Refund application;
3. Proof of application submission;
4. Portal screenshots;
5. Bank details;
6. Other documents.

Date: ____________
Signature: ____________

If the application was not accepted

If the application to participate in the auction was not accepted, check the reason for refusal. Sometimes it is because the guarantee deposit was not received on time or the participant did not comply with the auction conditions.

If the participant did not violate the conditions and there are no grounds to withhold the deposit, a refund application should be submitted.

If the participant won but changed their mind

If a participant wins the auction but refuses to sign the protocol or agreement, refund of the guarantee deposit may be impossible.

Before participating, check:

• land plot location;
• designated purpose;
• restrictions and encumbrances;
• starting price;
• payment amounts;
• agreement signing deadline;
• ability to use the land plot;
• financial readiness.

An auction is not an online shopping cart. Changing your mind after winning may cost the guarantee deposit.

If the portal does not work

If the portal does not allow submitting a refund application:

• take a screenshot of the error;
• contact technical support;
• save the ticket number;
• send a written request to the organizer;
• file a request through eOtinish;
• attach proof of technical failure.

A technical failure should not deprive a participant of the right to a refund, but it must be documented.

Common mistakes

Common mistakes include:

• not submitting a refund application;
• waiting for automatic refund without checking;
• entering an incorrect IBAN;
• not saving the payment receipt;
• not checking auction status;
• not reading the auction announcement;
• winning and not signing the agreement;
• not saving screenshots;
• making phone calls but not filing written requests;
• not complaining when the refund deadline is violated.

The main rule is: application, electronic signature, correct bank details, and evidence.

Conclusion

If a land auction did not take place or the participant did not win, the guarantee deposit can usually be refunded. The participant should submit a refund application through the portal where the auction was held, sign it electronically, and provide correct bank details.

If the money is not returned, the participant should contact the operator, auction organizer, land relations department, akimat, file through eOtinish, or go to court if necessary.

FAQ

Is the guarantee deposit refunded if the land auction did not take place?

Yes, if there are no grounds to withhold it.

How can I get the guarantee deposit back?

Submit a refund application through the portal where the auction was held and sign it electronically.

How long does the refund take?

Often, auction announcements state up to three business days after submission of the application, but the exact period should be checked in the auction terms.

If I did not win, will the money be refunded?

Usually yes, if you did not violate the auction rules.

If I won but did not sign the agreement, will the money be refunded?

Most likely no. The guarantee deposit may be withheld.

What documents are needed?

Payment receipt, auction details, lot number, bank details, identity document, and proof of application submission.

Where can I complain if the money is not refunded?

To the auction organizer, single operator, akimat, land relations department, through eOtinish, or in court.

Can the money be refunded without an application?

It is safer not to rely on automatic refund. Check the portal and submit a refund application.