Is it a breach of contract to pay the property fee before handing over the house?

Legal analysis: paying the property fee first and then paying the house is generally a breach of contract. Although the property service contract and the house sales contract are related, they do not belong to the same legal relationship. The developer has no right to regard the contents of the property service contract that the owner needs to negotiate with the property company as a prerequisite for the delivery of the house, and both parties should strictly follow the stipulations of the house sales contract.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 577 Where a party fails to perform its contractual obligations or fails to perform its contractual obligations in conformity with the contract, it shall be liable for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

Article 578 Where a party expressly expresses or shows by his own behavior that he will not perform his contractual obligations, the other party may require him to bear the liability for breach of contract before the time limit for performance expires.

Article 579 If one party fails to pay the price, remuneration, rent or interest, or fails to perform other monetary obligations, the other party may demand payment.