What should the former owner do if he defaults on the property fee? To solve who?

If the former owner defaults on the property fee, he can find an intermediary to solve it, and the buyer also has the right to refuse to pay. As a new owner, whether to pay property fees depends on the contract. So, I think everyone wants to know, how should the former owners deal with the arrears of property fees? How to protect the rights of new owners when they are forced to pay property fees? How to avoid the owners from defaulting on property fees? Next, Bian Xiao will give you a detailed introduction!

1. What should I do if the former owner defaults on the property fee?

1, find an intermediary to solve it.

Many transactions of second-hand houses are completed through intermediaries. If you buy a second-hand house through an intermediary, you can find an intermediary to let them pay in advance, and then let the intermediary go to the original owner to recover the property fee. But only a few intermediary companies can do this. Whether the intermediary can be retrieved from the original owner depends on whether the intermediary is reliable.

2. The buyer has the right to refuse to pay.

According to the regulations, when the property right is transferred, the owner or user of the property shall settle the property service fee or property service fund. In other words, if there is no special agreement in the sales contract or supplementary agreement, the property arrears shall be borne by the original owner. For the arrears of the original owners, the property management company should recover from the original owners, and the new owners will not bear any responsibility for this.

Second, how do new owners protect their rights when they are forced to pay property fees?

If the property takes some measures to force the new owners to pay fees, the new owners can safeguard their rights and interests through legal means. In other words, the new owner has no obligation to repay the property fees owed by the original owner.

Legally speaking, the problem of arrears left by the transfer of houses should have nothing to do with the buyers, that is, nothing to do with the new owners. Because the contract is relative, the default of property fees is a problem between the former owner and the property, and no third party can be involved. Because the property fee owed by the former owner is based on the property service contract between the former owner and the property management company, and the later buyer is not involved in this legal relationship, the new owner has no obligation to pay this part of the property fee. The transfer of houses does not mean the transfer of debts. Therefore, the new owner has the obligation to repay the property fees owed by the former owner.

However, if there is a special agreement between the original owner and the new owner on the arrears of property fees in the house purchase contract in China, the new owner should repay the arrears of property fees of the original owner. This is the performance of the new owner to fulfill the contract signed with the original owner and abide by the agreement of both parties.

It is worth noting that even if the new owner and the original owner have a special agreement on the property fees owed by them, when the new owner cannot fulfill the agreement due to economic difficulties and other reasons, the property cannot force the new owner to repay the property fees owed by the original owner, but the original owner should hold the new owner liable for breach of contract, otherwise the property will compensate the new owner for its losses.

Third, how to avoid the owners defaulting on property fees?

1. Leave a handover deposit when paying the house.

When paying the house price, set aside a part of the balance as the property delivery deposit, and then pay the money to the owner after the property delivery is completed. If the owner maliciously defaults on the property fee, he can directly pay the arrears with the deposit. In addition, it is clearly stated in the contract that the seller shall settle all expenses, including water, electricity and property fees, before the transfer.

2. Urge the seller to pay the fee and keep the evidence.

Before the house is closed, the buyer can ask the intermediary to accompany the three parties to hand over the house and sign the confirmation letter of property settlement.