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Is it legal to deduct the owner's key from the property?
For example, Zhao refused to give them the key to the house because he didn't pay the property fee he owed. They are not satisfied with this house in some places, and they are still looking for the developer to coordinate the maintenance, so they have never paid the property fee. However, after the completion of the residential development, the developer handed over all the owners' keys to the property company. In his view, the owner paying the property fee and taking the key are completely different, and the property should not detain the key on this ground. What is the legal evaluation of this kind of thing? The law clearly stipulates that owners must fulfill their obligation to pay property fees. The property's refusal to provide keys is also suspected of infringing on the legitimate rights and interests of others, which is inappropriate. When buying a house, the owner and the developer form a kind of commercial housing sales relationship, and the commercial housing sales contract is the embodiment of their legal relationship. In this legal relationship, both the owner and the realty service enterprise have various rights and obligations, but for the developer, the most fundamental right is to collect the owner's purchase price, and the most fundamental obligation is to deliver the house to the owner. The owner has paid all the purchase price to the developer in accordance with the agreement of the commercial housing sales contract, and the developer shall fulfill the obligation of delivering the house to the owner, otherwise it shall bear the liability for breach of contract in accordance with the agreement of the commercial housing sales contract. From a legal point of view, commercial housing sales and property management are two independent legal relationships and should not be confused with each other. No matter how the relationship between the owner and the property service enterprise is, it is the content of the property management relationship, and has nothing to do with the legal relationship of commercial housing sales. If the developer regards the owner's obligation to complete the property management relationship as a condition for the delivery of commercial housing, it will increase the owner's contractual obligations and responsibilities in disguise, which is inconsistent with the commercial housing sales contract and relevant laws and regulations.
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