Can the developer stipulate the property management fee in the sales contract?

Legal analysis: Before the house is pre-sold, the developer can negotiate with the property management company about the property, but the specific terms of property management, including property management fees, cannot be stipulated in the sales contract. Even if the developer and the property are the same company, the developer cannot stipulate the property fee in the sales contract.

Legal basis: Regulations on Property Management

Fortieth property service charges should follow the principles of rationality, openness and the adaptability of fees and service levels, and distinguish the nature and characteristics of different properties. Owners and property service enterprises shall, according to the measures for charging property services formulated by the competent price department of the State Council in conjunction with the competent construction administrative department of the State Council, stipulate in the property service contract.

Forty-first owners should pay the property service fee in accordance with the provisions of the property service contract. If the owner and the user of the property agree that the user of the property shall pay the property service fee, the owner shall bear joint and several liability from the agreement. Property that has been completed but has not been sold or handed over to the property buyer shall be paid by the construction unit.