Can I transfer ownership without paying the property fee?

You can transfer ownership without paying property fees. Although the property service contract and the house sales contract are related, they do not belong to the same legal relationship. Developers have no right to pay property fees as a prerequisite for the transfer of property. If the owner does not pay the property fee, the property company can negotiate and urge the delivery. If negotiation fails, you can decide to sue the owner.

legal ground

Article 41 of the Regulations on Property Management

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.

Article 65

In violation of the property service contract, the owners fail to pay the property service fee within the time limit, and the owners' committee shall urge them to pay it 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.

Article 595 of the Civil Code

A sales contract is a contract in which the seller transfers the ownership of the subject matter to the buyer and the buyer pays the price.

Article nine hundred and thirty-seven

A property service contract is a contract in which the property service provider provides the owner with property services such as the maintenance of the building and its ancillary facilities, the management and maintenance of environmental sanitation and related order, and the owner pays the property fee. Property service providers include property service enterprises and other managers.