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The second-hand house I bought did not sign a property service contract with the property.
Legal analysis: According to the relevant provisions of the Property Management Regulations, after the owners' committee is established according to law, the property management contract signed by the owners' committee and the property company is binding on all owners. If the owners' committee has not signed a written property service contract with the property company, but the owners have actually accepted the property service, the owners should pay the corresponding fees to the property company according to the actual service price as a reward for providing services. Therefore, the owner can't refuse to pay the property fee without signing a property contract or the property company doesn't provide qualification certificate.
Legal basis: People's Republic of China (PRC) City Real Estate Management Law.
Article 36 When transferring or mortgaging real estate, the parties concerned shall register the ownership in accordance with the provisions of Chapter V of this Law.
Article 62 When a real estate is mortgaged, it shall be registered with the department designated by the local people's government at or above the county level. Where the land use right and house ownership are obtained due to the disposal of mortgaged real estate, the transfer registration shall be handled in accordance with the provisions of this chapter.
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