Job Recruitment Website - Property management - The former owner didn't pay the property fee, should the next owner bear it?
The former owner didn't pay the property fee, should the next owner bear it?
In our country, if the former owner is in arrears with the property fee, he can't ask this person to repay it, but the former owner should repay this property fee. Related cases can also be handled in the local people's court to protect the legitimate rights and interests of China citizens, and handle cases related to property fees. 1. Can the former owner ask the current owner to pay the property fee if he doesn't pay it?
The new owner has no obligation to repay the property fee owed by the former owner.
Legally speaking, the problem of arrears left by the transfer of houses should have nothing to do with the buyers, that is, nothing to do with the new owners. Because the contract is relative, the default of property fees is a problem between the former owner and the property, and no third party can be involved. Because the property fee owed by the former owner is based on the property service contract between the former owner and the property management company, and the later buyer is not involved in this legal relationship, the new owner has no obligation to pay this part of the property fee. The transfer of houses does not mean the transfer of debts. Therefore, the new owner has the obligation to repay the property fees owed by the former owner.
However, if there is a special agreement between the original owner and the new owner on the arrears of property fees in the house purchase contract in China, the new owner should repay the arrears of property fees of the original owner. This is the performance of the new owner to fulfill the contract signed with the original owner and abide by the agreement of both parties.
It is worth noting that even if the new owner and the original owner have a special agreement on the property fees owed by them, when the new owner cannot fulfill the agreement due to economic difficulties and other reasons, the property cannot force the new owner to repay the property fees owed by the original owner, but the original owner should hold the new owner liable for breach of contract, otherwise the property will compensate the new owner for its losses.
Compensation should be paid for the losses caused to the new owner by property fraud.
Many times, when the former owner defaults on the property fee, the property will ask the new owner to repay the owed property fee, regardless of whether he knows that he has the right to do so or whether the new owner has the obligation to repay it on his behalf. Anyway, the new owner just wants to pay.
Once the new owner fails to repay the property fee owed by the former owner, the property company may take various ways to find trouble, such as cutting off water and electricity, cutting off the network cable and so on.
In fact, this is illegal, and the new owner can completely pursue the responsibility of the property through legal channels and demand that the property compensate for the losses.
No one wants to live in a new house, and the residential property comes out looking for trouble. Therefore, when buying and selling second-hand houses, it is best to know whether the original owners are in arrears under the premise of ensuring the quality of the houses. If there is any default, ask the original owner to settle it, ask the owner to provide relevant receipts or write it down in the contract, or ask the original owner to reserve a deposit to avoid disputes. When the current owner owes a lot of property fees and can negotiate with all parties to solve the problem, we suggest that the most appropriate thing is to entrust professional property contract legal personnel to assist in handling it. After negotiation, the prosecution can live a peaceful new life.
New owners should know the actual situation of buying a house before buying, and solve such incidents in time if they have objections. Make sure there is no problem with this kind of house and deal with it. Relevant property companies should also ask the former owners for help, which is in line with China's laws and should be dealt with accordingly.
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