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What if the owner doesn't pay the property fee because of the quality of the house?
1. What should I do if the owner fails to pay the property fee due to housing quality problems?
1. If the owner fails to pay the property fee due to housing quality problems, the property delivery can be urged in advance through consultation. If negotiation fails, and the urging procedure has been fulfilled, it may be decided to sue the owner and ask him to pay the property fee, and bear the late payment fee and liquidated damages for the property fee.
2. Legal basis: Regulations on Property Management
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.
Sixty-fourth in violation of the property service contract, the owners did not pay the property service fee, the owners' committee shall urge them to pay within a time limit; If it fails to pay within the time limit, the realty service enterprise may bring a lawsuit to the people's court.
Second, what if there is a problem with the quality of the house?
1, negotiate with the developer, because the house is bought from the developer, so the developer has the basic guarantee responsibility for the quality of the house. Developers must ensure that the quality of the house meets the legal requirements and is suitable for the owner to live in. Therefore, after the housing quality problems, the owners should first negotiate with the developers and ask them to provide maintenance or take other measures.
2. Complain to the engineering quality supervision department. If no agreement can be reached in the process of negotiation with the developer and it is difficult to solve the housing quality problem, then the owner can complain to the engineering quality supervision department. The quality supervision department will urge and ask the developer to explain the quality of the house and ask the developer to fulfill the corresponding maintenance obligations.
3. Bring a lawsuit to the court. The owner may also bring a lawsuit to the court without consultation or complaint, or if consultation and complaint are fruitless. The housing quality problem belongs to the responsibility of breach of contract, and the law has made corresponding provisions on the housing quality problem. In compliance with the law, property buyers can not only request to return a house, but also claim compensation for losses.
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