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I bought a second-hand house, what should the original owner do if he owes property fees?
Under normal circumstances, buyers should set aside a part of the balance as a deposit when paying the house payment. The buyer will not pay the seller until the buyer and the seller successfully complete the delivery of the property.
If the seller maliciously defaults on the property fee, he can directly pay the property arrears with the property delivery deposit, which can greatly reduce the risk that the buyer will bear the economic loss of the property arrears. 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.
According to the Measures for the Administration of Property Service Charges:
Article 15
The owner shall pay the property service fee or property service fund in full and on time in accordance with the property service contract. If the owner fails to pay the service fee or property service fund within the time limit in violation of the property service contract, the owners' committee shall urge him to pay within a time limit; Overdue payment, property management companies can be recovered according to law.
If the owner and the user of the property agree that the user of the property shall pay the property service fee or the property service fund, the owner shall bear joint and several liability from the agreement. When the property right is transferred, the owner or property user shall settle the property service fee or property service fund.
Extended data:
According to the Contract Law of People's Republic of China (PRC):
Article 64 performance of a contract to a third party
If the parties agree that the debtor shall perform the debt to the third party, if the debtor fails to perform the debt to the third party or the performance does not conform to the agreement, it shall be liable to the creditor for breach of contract.
Article 65 Liability of a third party for non-performance of a contract
If the parties agree that the third party shall perform the debt to the creditor, and the third party fails to perform the debt or the performance does not conform to the agreement, the debtor shall be liable to the creditor for breach of contract.
Article 62 Performance when the contract is unclear
If the parties have not clearly agreed on the contents of the contract and cannot be determined according to the provisions of Article 61 of this Law, the following provisions shall apply:
(a) the quality requirements are not clear, in accordance with national standards and industry standards; If there is no national standard or industry standard, it shall be implemented according to the usual standard or the specific standard that meets the purpose of the contract. ?
(2) If the price or remuneration is not clear, it shall be performed according to the market price at the place of performance when the contract is concluded; If government pricing or government-guided pricing should be implemented according to law, it shall be implemented in accordance with the provisions. ?
(3) Where the place of performance is unclear, if payment is made in currency, it shall be performed at the place where the party receiving the currency is located; Where real estate is delivered, it shall be performed at the place where the real estate is located; Other targets shall be performed at the place where the party performing the obligations is located. ?
(4) If the time limit for performance is not clear, the debtor may perform at any time, and the creditor may also request performance at any time, but the other party shall be given the necessary preparation time. ?
(5) If the method of performance is not clear, it shall be performed in a way conducive to the realization of the purpose of the contract. ?
(six) if the burden of performance expenses is not clear, it shall be borne by the party performing the obligation.
Baidu Encyclopedia-Measures for the Administration of Property Service Charges
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