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Do I have to pay the property fee if the house bought by the owner can't live?
After some owners bought houses, they did not actually move in due to various reasons such as going abroad and transferring their units. When the property company asked them to pay the property management fee, some owners refused to pay it on the grounds that they did not actually move in. Then, can the owner refuse to pay the property management fee on the grounds that he does not actually live? Typical case: Ms. Wen from Beijing bought an auction house in lishuiqiao, Chaoyang District. During the check-in procedure, Ms. Wen raised a lot of detailed quality problems about the interior of the house, thinking that the house did not meet the check-in conditions, but because she had to go abroad with her family, she only put forward her own opinions on the check-in handover form and took away the door key. The facts reflected in this case involve two issues: check-in handover and property management. (1) Concept and procedure of house handover. Ms. Wen thought there was something wrong with the house and put forward her own opinion, but she also took the house key. Does this practice of Ms. Wen mean that the house has been delivered? Strictly speaking, the final delivery standard in the sale of houses should be to register and obtain the title certificate, because according to the relevant regulations, only the title certificate is the only legal certificate for the property owner to enjoy and exercise the relevant property rights. However, in practice, most of the houses sold by developers are auction houses, and there is often a long period between the acceptance and handover of houses and the handling of property rights certificates, which leads to the fact that the actual delivery of the subject matter and the acquisition of ownership certificates cannot be completely synchronized. Therefore, the check-in handover has become an important link in the delivery of housing sales, and buyers and sellers often regard this link as the main procedure to check whether the housing meets the statutory and agreed delivery conditions. (2) Payment of property management fees. Since the house has been delivered, whether the woman actually lives or not, the relevant property management fees should be paid, because many property services (such as security, cleaning, etc. ) has been provided by the property management company regardless of whether the owner actually lives. Of course, if Ms. Wen thinks that the charging standard of the property company is unreasonable or the service provided is not satisfactory, she can raise objections to this part of the content to the property company. In recent years, disputes caused by occupancy have gradually increased. It is suggested that buyers should pay attention to the following points when handling the check-in procedures: ① Be serious and good at exercising their rights. The so-called serious exercise means that when the developer can't provide the "Record Form for Completion Acceptance of Construction Project" and "Two Books" and inform you to go through the check-in formalities, you should resolutely refuse to accept the house according to the contract, and don't hold the house in a muddle, and then ask the developer for theory on related issues. The so-called good exercise is to analyze the problems found to see whether the problems can constitute the reasons for refusing to accept, such as wall surface, ground decoration, sanitary ware does not meet the original standards and so on. Although they are also problems, they generally do not constitute a basis for rejection. For such a problem, it is advisable to go through the check-in formalities first after the developer puts forward the compensation scheme or improvement measures, and then urge the developer to implement it, so as not to delay their use of the house. (2) In the process of handover, the handover procedures should be improved. Many property buyers have contacted the developers face to face many times after discovering the problems, but generally they do not form written opinions, so that once they move in, especially after their own decoration, many problems cannot be verified.
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