Can I pay less property fees for delaying repossession? It's very risky. Don't be cheated.

It's time to pay the house, but I won't. I don't know if I can pay less property fees if I postpone the house collection. Whether many people will have this kind of luck, the lawyer reminded, don't be silly, there are risks.

Whenever there are social events or legal issues that attract people's attention, lawyers can often give tips and provide services at the first time. We collect lawyers' legal analysis of these matters for readers, so that you can enjoy "lawyer service" without leaving home.

According to Nanfang Daily, Xiao Zhang bought a commercial house in a real estate in Guangzhou. "I should have repossessed the building at the end of last year, but I am somewhat dissatisfied with the decoration of the hardcover room. Anyway, I'm not in a hurry to move in, so I've been confiscating it, "he said. "I didn't stay for a day, and of course I didn't pay the property management fee." Coincidentally, recently, a new owner posted in the community forum that he found the house decoration defects and refused to take over the building, which could save several months of property management fees.

However, the reporter consulted professional real estate lawyers and learned that the owners who delayed repossession due to defects may still have to pay property management fees or even expensive late fees when they formally repossess the building.

Three types of owners are often dissatisfied.

It is a common reason to refuse to repossess the building because of dissatisfaction with the decoration of the hardcover room. The reporter learned that there are basically three types of owners who do not accept the building:

One is suburban real estate or real estate with more investors. Owners of such buildings are indifferent to repossession, because they are not in a hurry to occupy their own homes or do not want to sell them for the time being.

The second category is more controversial real estate, especially finely decorated real estate. The owner put forward many rectification requirements, and the developer could not give a satisfactory rectification plan in a short time, which affected the repossession;

The third category is real estate with a large number of foreign customers. These owners are in other places, and the purpose of buying a house is mostly for the need of investment preservation, and they are not in a hurry to close the house.

Do I need to pay the property management fee during the period of not repossession? It is understood that the property fee is charged by the property company on a monthly basis after the house is accepted and delivered to the buyer. There are quality problems in the house, which leads to the delay in repossession. The owner can repossess the building after the developer negotiates to solve the problem, and charge the property fee after the formal repossession.

Need to verify the handover conditions.

After receiving the notice of repossession from the developer, the owner went to the real estate site to inspect the house, and found various quality problems, such as empty floor, cracked tiles, cracked doors and windows, damaged hardware, plaster layer falling off the wall or ceiling, blocked pipes, and leakage of kitchen and bathroom ground pipes. Therefore, owners often refuse to take back the building and ask the developer to pay liquidated damages for delayed delivery. Developers believe that the above problems are only minor quality defects, which are not enough to be the reason for the owners to refuse to repossess the building. Then, under what circumstances can the owner refuse to repossess the building?

Tan Qingchao, a real estate lawyer in Guangzhou, said that in recent years, the judicial practice in Guangzhou requires that the conditions for house handover must meet the following basic conditions: 1, and obtain the record form for the completion acceptance of house construction projects and municipal infrastructure projects. 2. The house meets the use conditions, that is, there are no major defects such as water leakage and ground cracks that cause the house to be unable to be used normally. 3. Other delivery conditions stipulated in the commercial housing sales contract. That is, if there are special agreements in other standards, it should also be handled according to this agreement.

In addition, when the owner and the developer accept the delivery, the developer should provide the owner with a series of information about the commercial housing. If the information is incomplete, it will be regarded as not meeting the delivery standard, and the buyer has the right to refuse to accept the house, and the developer shall bear the responsibility for overdue delivery. It can be seen that the provisions of the new contract for the delivery conditions are very complicated, and buyers should carefully check them one by one when inspecting the house.

It is risky not to pay the property management fee.

If the property delivered by the developer has some slight defects and does not meet the decoration standards agreed in the annex to the contract, the seller shall be liable for breach of contract for the decoration standards, and the buyer refuses to collect the liquidated damages for the late delivery of the property by the landlord Zhang, making it difficult to obtain court support.

In most cases, when the developer informs the owner to repossess the building, he will generally get the Certificate of Building Comprehensive Acceptance for the Record issued by the construction unit, indicating that some countries have recognized the main body of the building, and the owner cannot refuse to repossess the building because of individual defects. It is understood that some property companies are also suing owners who deliberately default on management fees through legal means. Under normal circumstances, the court supports it, and the owners who lose the case have to pay not only management fees, but also a large amount of late fees.

If the owner finds that the developer has no delivery documents and quality problems, he should learn to defend his rights legally and timely, and pay attention to the preservation and fixation of evidence of rights protection.

Tan Qingchao, a Guangzhou real estate lawyer, reminded that when receiving the notice of repossession, no matter what reasons and excuses the developer put forward, the owner should ask for the relevant documents and keys after the house inspection. Refuse to sign for any documents similar to the confirmation of repossession and key signature before the house inspection. Otherwise, if there are quality problems in the house afterwards, the developer will often claim that the owner has signed the confirmation letter and key, which is regarded as repossession. In this way, owners' rights protection is often passive.

If the owner finds that the developer has no relevant certificates and documents, he can refuse to inspect the house, protest and leave the scene; If you find that the relevant documents of the developer are complete, you can ask for house inspection. If the owner finds that the house does not have the above delivery quality after inspection, the owner may refuse to sign the key and the confirmation letter of repossession, and demand payment of liquidated damages for delayed delivery.

(The above answers were published on 20 15- 12-25, and the current relevant housing purchase policies should be based on the actual situation. )

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