Is the property fee paid at the time of transfer or when the payment is settled?

The property fees of second-hand housing transactions are usually divided according to the time when buyers and sellers hand over the house. The property fee before delivery is paid by the original householder, and the property fee after delivery is paid by the buyer. After the transfer formalities are completed, the seller shall deliver the house at the time agreed in the contract. When handing over the house, the seller shall settle the property fee of the house and assist the buyer to change the property service contract or re-sign the contract with the property management company. After all expenses are settled, the buyer and the seller sign, and the seller gives the key to the buyer.

Property fee collection standard

The provincial price department shall, jointly with the provincial construction administrative department, formulate the benchmark price of property service charges in the whole province. (See the attached table for details) The competent price department of the city divided into districts (Yangling Demonstration Zone) shall, jointly with the competent construction administrative department at the same level, formulate the floating range according to the benchmark price and local conditions, and the owner and the realty service enterprise shall stipulate the specific charging standard in the realty service contract according to the specified benchmark price and floating range.

If the property service charges at market-adjusted prices and the services provided by the property service enterprises according to the entrustment of the owners exceed the stipulations in the property service contract, the charging standards shall be agreed by both the owners and the property service enterprises.

1. The property fee is charged according to the legal property area:

According to the regulations, the property service fee is charged according to the legal property area. If the property right certificate has been handled, the construction area recorded in the property right certificate shall prevail; If the property right certificate is not handled, the construction area indicated in the purchase contract shall prevail.

The owner shall pay the property service fee or property service fund in full and on time in accordance with the property service contract. If the owners violate the property service contract and fail to pay the property service fee or property service fund within the time limit, the owners' committee shall urge them to pay within a time limit.

2. Vacant housing property fees can be paid 70%.

Included in the scope of property management has been completed but not yet sold, or not delivered to the property buyer on time due to the reasons of the construction unit, the property service fee or property service fund shall be paid in full by the construction unit.

After the owner's acceptance, vacant houses that do not have occupancy conditions due to insufficient decoration or vacant houses that have not been used for a long time after occupancy (including house decoration) shall pay the property service fee at 70% of the charging standard agreed in the property service contract from the date of acceptance or the owner's declaration to the property service enterprise and confirmation by the property service enterprise.

To sum up, the property fee is generally paid by the owners of the community, but the time given is generally when the house is handed over, and it should be paid as soon as possible, whether it is a new house or a second-hand house. Therefore, when dealing with it, we must consult clearly and negotiate with its original owner to avoid disputes afterwards.

legal ground

Article 522 of the Civil Code of People's Republic of China (PRC) stipulates that the debtor shall be liable for breach of contract to the creditor if it performs its debt to a third party, and if it fails to perform its debt to the third party or its performance does not conform to the agreement.

If the law stipulates or the parties agree that a third party may directly request the debtor to perform the debt, but the third party fails to explicitly refuse within a reasonable period of time, or the debtor fails to perform the debt to the third party or the performance of the debt is not in conformity with the agreement, the third party may request the debtor to bear the liability for breach of contract; The debtor's defense against the creditor may be claimed by a third party.