Who will pay the property fee owed by the auction house?

Some netizens said that when buying a second-hand house, the seller failed to pay the property management fee. Due to the carelessness of the intermediary, the contract was signed without verifying the situation. Now the property comes to collect the property fee owed by the owner before! In this regard, is there any legal basis for the practice of property management?

Property fee refers to the fees charged by property owners and users who entrust property management units to carry out daily maintenance, repair, renovation and other services related to residents' lives in residential areas, such as housing construction and its equipment, public facilities, greening, sanitation, transportation, public security and environment.

Legally speaking, the problem of arrears left over from house transfer should have nothing to do with property buyers. Because the contract is relative, the contract is a problem between the two and cannot involve a third party. Since the service contract between the original owner and the property management company does not involve subsequent buyers, the new owner has no obligation to pay property fees. Simply put, the transfer of the house does not mean the transfer of the debt. After the new owner buys a house, he establishes a new property service contract relationship with the property management company, and only undertakes the obligation to pay the property management fee after moving in, so the statement of the property management company is not established.

Because in the process of buying and selling second-hand houses, buyers and sellers usually ignore the settlement of property management fees and utilities. In order to avoid such disputes, insiders suggest that when buying second-hand houses, in addition to ensuring the quality of the houses, we must first find out whether the Chu Yuan homeowners are in arrears. If there is any default, ask the original owner to settle it, and ask the owner to provide relevant receipts or write it down in the contract. Among the common arrears, Bian Xiao suggested that you should pay attention to the following expenses.

1. Settlement and renaming of maintenance fund. When handing over the house, the seller may encounter the situation that the maintenance fund has not been paid or part of the maintenance fund has been used. Because the agreement in the sales contract is not clear, the seller can think that the maintenance fund is given, and the unpaid part or insufficient part is of course paid by the buyer himself; The buyer can also think that the seller should pay the full amount before moving the maintenance fund to the buyer's name. Therefore, when signing the contract, both parties should make clear the settlement amount of the maintenance fund.

2, water, electricity, coal, telephone, property management fees and other living expenses settlement procedures. Such disputes often occur in the sale of houses. Due to the negligence of both parties, the daily living expenses were not settled when the house was handed over. When the buyer moved in and received the above bill, he found that the seller owed a lot of money, and when he went back to check out, the landlord had no news. In fact, this situation can be completely avoided.

3 ancillary facilities, equipment, decoration and free acceptance of household appliances and furniture. Generally speaking, the buyer will check and accept the above matters when handing over the house, and the problems such as sewer blockage and wall seepage are easily overlooked. It is suggested that the buyer and the seller specify the quality problems of furniture, electrical appliances and sewers attached to the house in the contract. If the contract stipulates a certain warranty period, it is fair to both parties.