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What if the intermediary has arrears in buying a house?
How to avoid default disputes
1. Leave the property delivery deposit when paying the house.
In order to avoid disputes caused by the original owner's default on the property fee, it is suggested that the buyer ask the seller to settle all the fees before the transfer, and all the fees before the transfer shall be borne by the seller, and this clause shall be written into the contract. When paying the house price, part of the final payment can be reserved as the property delivery deposit, and the buyer will pay the money to the seller after the buyer and the seller successfully complete the property delivery.
If the seller maliciously defaults on the property fee, he can directly pay the property arrears with the property delivery deposit, which can greatly reduce the risk that the buyer will bear the economic loss of the property arrears.
2. Refuse to pay according to law
Article 15 of the Measures for the Administration of Property Service Fees stipulates that when the property right is transferred, the owner or user of the property shall settle the property service fee or property service fund. Therefore, for this part of the cost, if there is no special agreement between the buyer and the seller in the house sales contract or supplementary agreement, it will be borne by the original owner.
If a new property service contract relationship is formed between the property and the new owner, the property company shall recover the property fee owed by the original owner, and the new owner shall not bear any responsibility for it. Therefore, there is no legal basis for the property company to recover the arrears of property fees from the new owners.
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