Can the liquidated damages for overdue delivery offset the property fee?

Legal analysis: This practice is illegal. First of all, property management fees and liquidated damages cannot be offset. Property management and developers selling houses are two legal relationships and different contract subjects. Legally speaking, "liquidated damages for delayed delivery" and "property management fee" cannot offset each other.

Secondly, the "debt transfer" must sign an agreement. The behavior of "assignment of creditor's rights" in contract assignment, that is, "if the debtor assigns all or part of the contractual obligations to a third party, it shall be approved by the creditor." That is to say, if the developer pays the buyer "liquidated damages for delayed delivery" and transfers it to the property management company, it will offset the "property management fee" of 1 to 2 years with the consent of the creditor-buyer.

Moreover, in judicial practice, it is generally necessary to obtain the consent of the assignee of the debt-the property management company.

Third, it is illegal to deduct property management fees for more than one year.

Legal basis: Article 585 of the Civil Code of People's Republic of China (PRC), the parties may agree that one party shall pay a certain amount of liquidated damages to the other party according to the breach of contract, or agree on the calculation method of the amount of damages for breach of contract.

If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase the liquidated damages at the request of the parties; If the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce them at the request of the parties.

If the parties concerned pay liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.