Bottom recovery property fee

There is a legal basis for not paying property fees if you don't accept the house.

According to the property management regulations:

1. The property that has been built but has not been sold or handed over to the property buyer, and the property service fee shall be paid by the construction unit;

2. The owner shall pay the property service fee according to the property service contract. If the owner and the user of the property agree that the user of the property shall pay the property service fee, the owner shall bear joint and several liability from the agreement;

3. The realty service enterprise may provide services other than those stipulated in the realty service contract according to the entrustment of the owners, and the service remuneration shall be agreed by both parties;

4. If the service enterprise accepts the entrusted collection of money, it shall not charge the owner any extra fees such as handling fees.

On February 1 day, Ms. Zhang, a citizen of Zhengzhou, turned to Dahebao's neighborhood sister support group for help, claiming that she had bought a house in Lanxiting, Wei Yong, Zhengzhou, and that the developer and property consultant failed to fulfill the obligation of handing over the house as agreed in the contract for a long time, which led to her renting out for nearly one year and living in a new house for nearly one year.

The problem is that when she later learned the news of the delivery, it was nearly a year before the delivery time stipulated by the developer. Later, when she was ready to go through the formalities of closing the house, the property asked her to pay the previous property fee (from the delivery time on the purchase contract to the present), and the property fee was pre-stored for one year before giving the key. In this regard, she thinks it is very unreasonable.

Delayed delivery notice, asking the owner to pay the property fee?

On February 1 day, Ms. Zhang told Dahe Baoyu video reporter that she bought a house in Wei Yong Lanxi Court at the end of February18. The delivery date in the house purchase contract is June 30th, 20021year.

During the epidemic, the developer sent her a notice of deferred delivery. And this notice does not specify the specific delivery date. However, on February 4th, 20021year, the developer delivered the house in advance.

During this period, Ms. Zhang said that the property consultant or developer did not inform her about the delivery of the house.

"We didn't receive any delivery notice or notice." Ms. Zhang said that it was not until the second half of 2022 that she saw the owner say that she had moved in that she learned about the delivery of the house. "From the beginning to the end, only the developer issued a notice of deferred delivery and the property issued a notice of the expiration of the warranty period of 65438+2023 10, telling us that the owner will no longer accept the house and will not maintain it for free in the future."

Ms. Zhang said that on June 30, 2023, when she went to the residential property to handle the handover procedures, she was told that she needed to pay the property fee of 202 1 now and deposit the property fee for one year before she could get the key. That day, they negotiated with the property for many rounds without results.

She also checked the official telephone number of Wei Yong Real Estate on the Internet and kept reminding that she was still on holiday and could not answer it. So, she communicated with the property, can she pay the property fee in 2023 first, and let them get the key first. As for paying the property fee in advance, wait until the developer communicates clearly at work. "The property attitude is very tough, I don't agree."

Owners want to find developers and property to lose.

Ms. Zhang said that the commercial housing sales contract clearly stipulates: "After the commercial housing meets the delivery conditions, the seller shall notify the buyer in writing to handle the delivery procedures."

"I've been waiting for this delivery notice, but I haven't waited. At present, Wei Yong property consultants, including the developer's customer service, have not informed us of the official delivery time, and the relevant handover procedures provided by the property party were only handled on June 30, 2023. " Ms. Zhang said.

Ms. Zhang believes that although it is unreasonable to pay the property fee one year in advance, it is nothing. Anyway, the house will live in the future But it is unreasonable to pay the previous property fee. Because the developer did not fulfill the obligation to notify the owner in writing to close the house in accordance with the contract.

"I postponed the renovation, postponed the check-in, and rented a house outside. How to estimate the loss caused by the developer? " Ms. Zhang said that in the property that day, "we asked the property to contact the buyers and let them show us the proof and send us a notice of delivery, but they didn't find it." At present, on this issue, developers and properties are now wrangling with each other. "My family has worked hard to buy a house in Zhengzhou, and now I have stayed late for nearly a year for no reason, and I have to pay the property fee."

Ms. Zhang told reporters that because the developer had not yet produced the evidence to inform her to close the house, the matter had not been resolved and she had not closed the house. She wants to wait until the problem is solved before she thinks about closing the house. Ms. Zhang said that when they were ready to handle the handover procedures on June 30, 2023, they gave the preliminary property service agreement. Only the purchase contract and invoice were given before.

Wei Yong Property said it was looking for evidence.

On February 1 day, Dahe Baoyu video reporter immediately contacted Ms. Wu, a staff member of Lanxi Ting Property Service Center of Zhengzhou Property Service Co., Ltd., the property management party of the house purchased by Ms. Zhang.

She said that the property purchase contract showed that the delivery date was June 30th, 20021year, while the actual delivery date was February 4th, 20021year. According to relevant requirements, the property requires that the property fee be collected from the day after the delivery date in the contract, that is, from 202 1 month to 1 month. When Mr. Zhang came to collect the house a few days ago, the property manager also told him. As for Mr. Zhang, he did not receive the delivery notice at that time, which was related to home ownership. Generally, the property consultant informs the owner of the delivery time. On this matter, they will learn from the real estate company (Henan Real Estate Co., Ltd.) and then reply to Dahe Daily and Henan Video.

Subsequently, Dahe Baoyu video reporter contacted Mr. Xu, a former real estate consultant when Ms. Zhang bought a house.

Mr Xu said that he knew about it.

"It is impossible to close the house without informing her. We have informed every owner. Before handing over the house, we will send a letter of repossession to every owner. At that time, it was delayed for a month or two because of the epidemic, and later it was a registered letter or something. They are all sent. " Mr. Xu said.

Mr. Xu said that he and Ms. Zhang had a 19 second WeChat voice exchange on the evening of February 24, 2020, but at present, this voice recording in his mobile phone is temporarily unable to hear clearly. Here, I wonder if there was any evidence to tell her to close the house. You can listen to each other's opinions.

In this regard, Ms. Zhang replied that she deliberately found a voice to listen to. "It is said that the community is expected to turn over the key soon, but the specific time has not yet been determined. Let me know when it is confirmed. Later, he stopped talking, and all he sent me were their advertisements. At that time, I also searched online to see when I could deliver the house. According to online information, the community is rectifying its internal greening. I thought I would be contacted after the rectification, but no one has contacted me. Including the property manager, I didn't add WeChat until February 22. And my phone number has never changed when I bought a house. In other words, the property has never contacted me. "

In this regard, Mr. Xu said that at present, he has left. Although he has left his job, he will be responsible for it to the end. He will contact the property as soon as possible to inquire about the relevant evidence that informed the owner to close the house at that time.

"I will handle this matter in a way that solves the problem." Mr. Xu said that when the evidence is found, "it will be handed over to the media for proof."

As of the press release on February 2, Lanxi Garden Property Service Center of Zhengzhou Wei Yong Property Service Co., Ltd. and the property consultant who was in charge of Wei Yong property at that time did not make any further reply to this matter.

Lawyer's statement: the property should give evidence first, otherwise it has no right to ask the owner to pay the property fee.

In response to this matter, on February 2, Zhao, a lawyer of Henan Yingtai Law Firm, said that the property company was a pre-designated property for this matter. Before the property company hands over the house to the owner, there is no contractual relationship between the property company and the owner, and there is no right to charge any fees. According to the commercial housing sales contract between the two parties, the real estate company should hand over the house in the agreed way, and should bear the corresponding liability for breach of contract after the deadline. If the handover procedures agreed by both parties are not handled, the property in the early stage has no right to charge the owner's property fee. If the property is forcibly expropriated, the owner can complain to the competent department of the property company after collecting relevant evidence, or bring a lawsuit to the people's court according to law, demanding a refund of relevant fees and safeguarding his legitimate rights and interests.

Zou, a lawyer of Beijing Dacheng (Chongqing) Law Firm, believes that Ms. Zhang is the owner. If she signed the "Pre-Property Service Agreement" with the property management company when buying a house, both parties shall perform their respective obligations according to the agreement of the property service agreement. Residential property service enterprises that provide property services for residential areas have the right to collect property management fees from residential owners. However, the payment time is clearly stipulated by law. Article 42 of China's "Property Management Regulations" stipulates that the owner shall pay the property service fee according to the agreement in the property service contract. Property that has been completed but has not been sold or handed over to the property buyer shall be paid by the construction unit.

Therefore, the property fee after delivery should be borne by the owner, Ms. Zhang. Before the property company asks the owner to bear the property fee after notifying the delivery, it should show the proof that the development enterprise has fulfilled the procedures for notifying the delivery. If there is no evidence to prove that the development enterprise has fulfilled the obligation of handing over the house, the property fee before Ms. Zhang takes over the house shall be borne by the development enterprise.

Legal basis:

property management regulations

Forty-first owners should pay the property service fee in accordance with the provisions of the property service contract. If the owner and the user of the property agree that the user of the property shall pay the property service fee, the owner shall bear joint and several liability from the agreement. Property that has been completed but has not been sold or handed over to the property buyer shall be paid by the construction unit.