Can I apply for a real estate license if the maintenance fund is not paid?

In China, buyers need to pay the maintenance fund. If you don't pay the maintenance fund, you can't apply for the real estate license.

According to the Measures for the Administration of Commercial Housing Sales and the Regulations on Property Management, the owners who purchase commercial housing need to pay the maintenance fund as required. The maintenance fund is of great significance to ensure the maintenance of the owner's parts (such as corridors and public green spaces). ) and ensure the normal use and safety of the house. For owners who do not pay the maintenance fund, on the one hand, it will affect the maintenance of the whole building and bring inconvenience and losses to other owners; On the other hand, it is impossible to apply for real estate license, which affects the enjoyment and transfer of its real estate rights and interests. In addition, according to the Interpretation on Several Issues Concerning the Application of Laws in Disputes over Property Services Contracts issued by the Supreme People's Court, if the owner fails to pay the maintenance fund as agreed in the contract, the property service enterprise may bring a lawsuit to demand the owner to pay, and may be liable for breach of contract. Therefore, property buyers should fulfill their obligation to pay maintenance funds in full and on time according to regulations.

What if the owner pays the maintenance fund, but the property company does not use or manage it according to the regulations? If the owners pay the maintenance fund, and the property management company fails to use or manage it according to the regulations, resulting in the infringement of the owners' rights and interests, they can complain to the relevant departments and defend their rights. Specifically, you can complain to the local real estate administrative department, the administrative department of housing and urban and rural construction, and the competent department of property services. And ask them to inspect and rectify the property company and investigate its corresponding legal responsibilities. At the same time, owners can also take legal measures to safeguard their rights. The realty service enterprise shall, according to the stipulations of the realty service contract, fulfill the obligation of correctly using and managing the maintenance funds. If the property management company fails to fulfill its obligations and causes losses to the owners, the owners may require the property management company to bear corresponding civil liability for compensation through arbitration, litigation and other means.

Paying maintenance fund by buyers is a necessary measure to safeguard their own rights and interests and ensure the safety of housing use. Therefore, we should conscientiously fulfill the obligation of payment, and when we find that the property company is poorly managed or has irregularities, we can take corresponding legal measures to safeguard our rights. At the same time, it also calls on relevant departments to strengthen supervision and management to ensure that the legitimate rights and interests of property buyers are fully protected.

Legal basis:

Article 5 of the Measures for the Administration of Maintenance Funds for Facilities and Equipment Used in Residential Areas stipulates that when a commercial house is sold, the buyer and the seller shall sign a maintenance fund payment agreement. Property buyers should pay the maintenance fund to the selling unit according to the proportion of 2%-3% of the purchase price. The maintenance fund collected by the selling unit belongs to all owners and is not included in the residential sales income. The collection ratio of maintenance funds shall be determined by the real estate administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. Article 10 of the Measures for the Administration of Special Housing Maintenance Funds stipulates that the special housing maintenance funds paid by the owners for the first time shall be collected and managed by the real estate departments of the people's governments of municipalities, cities and counties directly under the central government or the units entrusted by them. If the owners' meeting is established, the collection and escrow of special housing maintenance funds shall be decided by the owners' meeting. The special housing maintenance funds paid by the public housing selling units shall be managed by the real estate departments of the people's governments of municipalities directly under the central government, cities and counties. "Measures for the Administration of Special Maintenance Funds for Residential Buildings" Article 20 According to the stipulations of the property management contract, the maintenance costs of housing parts and facilities that should be paid by the property management enterprise from the property service fee or the property service fund shall not be charged from the special maintenance funds for residential buildings.