Transfer of property fees

The property fees owed by the original owners are generally borne by the original owners, but if there is an agreement between the two parties, the agreement shall prevail.

Legal analysis

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. The transfer of houses does not mean the transfer of debts. The new owner establishes a new property service contract relationship with the property management company after purchasing the house, and only promises to pay the property management fee after moving in.

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. In order to avoid disputes, if the original owner still has outstanding debts, he will inform the buyer to pay after settlement, so as to avoid inconvenience to him in the later stage of the transaction. In addition, in order to verify the responsible party, both parties can write it clearly in the receipt or contract.

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 a "gift", 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.

legal ground

Article 7 of the Regulations on Property Management: Owners shall perform the following obligations in property management activities: (1) Abide by the management statute and the rules of procedure of the owners' meeting; (two) abide by the rules and regulations of the use of * * * parts and facilities, the maintenance of public order and environmental sanitation in the property management area; (three) to implement the decisions of the owners' congress and the decisions of the owners' committee authorized by the owners' congress; (four) in accordance with the relevant provisions of the state to pay special maintenance funds; (five) to pay the property service fee on time; (six) other obligations stipulated by laws and regulations.