Job Recruitment Website - Property management - Still moving, no property fees, no keys. Is this right?
Still moving, no property fees, no keys. Is this right?
As for whether the owner has paid the property fee to the property company, it cannot be used as a prerequisite for the developer to fulfill the obligation of handing over the house to the owner. If the owner has paid all the purchase price to the developer as agreed in the contract, the developer shall fulfill the obligation to deliver the house to the owner. Since the house sales contract is signed between the owner and the developer, according to the principle of contract relativity, the main body of the contract is the developer and the owner, excluding the property company, and the owner also pays the house price to the developer, then the developer should fulfill the obligation of delivering the house to the owner himself, but now many developers usually entrust the property company to handle the check-in procedures for delivering the house to the owner.
Whether the developer delivers the house to the owner or the property company entrusted by the developer, the developer or the property company entrusted by the developer should deliver the house to the owner as long as the owner has paid all the purchase price according to the contract and there is no other violation of the house sales contract. As a developer, the property management company can't refuse to check in for the owner because the owner didn't pay the property fee to him. From the perspective of legal relationship, the relationship between house purchase and sale and the relationship between property services are two independent legal relationships and should not be confused with each other. As one of the parties to the house sales relationship, the developer must fulfill the obligation to deliver the house to the owner without violating the house sales contract. Developers or property management companies take the unpaid property fees of the owners as the conditions for housing delivery, increase the contractual obligations and responsibilities of the owners in disguise, and attach the conditions for housing delivery. This behavior does not conform to the provisions of the contract law and other laws. In short, developers or property companies can't take the property fees paid by the owners as a prerequisite for their housing occupancy procedures.
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