Who will bear the property cost of the house that has not been closed due to quality problems?

If the house is not closed due to quality problems, the construction unit shall bear the property fee.

Legal analysis

According to the normal procedure, the construction unit did not sell or notify the owner to take over the house, or the house did not meet the delivery conditions due to the seller of commercial housing, and the buyer did not buy or (for reasons other than his own) did not take over the house and did not enjoy the property service, so the early property service fee was borne by the construction unit. From the buyer's point of view, when purchasing commercial housing, we should not only read the commercial housing sales contract and related agreements carefully, but also look at the relevant agreements on the commitment of property fees in the previous property service contract to avoid unnecessary economic losses caused by unfavorable contract terms in the later period. From the point of view of the property management company, if there is no special agreement on the problem that the owner will bear the property fee during the period when the house is not closed, according to the provisions of the Property Management Regulations, if the property has been sold and delivered to the owner, the owner is the obligor to pay the service fee. If the house for sale meets the delivery conditions of commercial housing agreed in the contract, the owner shall promptly close the house after the developer or the property service enterprise issues the notice of closing the house. When the term of repossession stipulated in the Notice of repossession expires, the owner is deemed to have repossessed the house, and there is no contractual basis for his refusal to repossess the house. If the delivered house is damaged due to the decoration of a third party, the owner shall claim compensation liability from the infringer, and cannot refuse to pay the property fee on this ground. Although the court can order the owner to bear the property management fee during the repossession, the owner is not without other remedies. If the owner has evidence to prove that the purchased commercial house does have quality problems that affect normal living, he can ask the developer to compensate the rent and property management fee during the period when he cannot live normally.

legal ground

"Property Management Regulations" Article 41 The owner shall 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.