Job Recruitment Website - Property management company - Does not pay the property fee affect the sale of the house?

Does not pay the property fee affect the sale of the house?

Legal analysis: For various reasons, the phenomenon that the owners refuse to pay the property fee occurs from time to time. Some reasons are justified, while others are not. What are the consequences of refusing to pay property fees? Let's analyze it in detail. Refusing to pay property fees with justifiable reasons is of course a manifestation of safeguarding rights, but refusing to pay property fees without justifiable reasons may lead to a series of risks. First of all, refusing to pay without justifiable reasons constitutes a breach of contract, and the direct consequence is that it needs to bear the liability for breach of contract. What kind of liability for breach of contract should be borne, whether it is necessary to bear liquidated damages,

Legal basis: Civil Code of People's Republic of China (PRC).

Article 937 A realty service contract is a contract in which a realty service provider provides realty services such as maintenance of buildings and their ancillary facilities, management and maintenance of environmental sanitation and related order within the realty service area to the owner, and the owner pays the realty fee.

Property service providers include property service enterprises and other managers.

Article 938 The contents of a realty service contract generally include service items, service quality, service fee standards and collection methods, use of maintenance funds, management and use of service places, service term, service handover and other terms.

The public service commitment made by the property service provider in favor of the owner is an integral part of the property service contract.

The realty service contract shall be in written form.

Article 939 The preliminary realty service contract concluded by the construction unit and the realty service provider according to law, and the realty service contract concluded by the owners' committee and the realty service provider selected by the owners' congress according to law are legally binding on the owners.

Article 940th Prior to the expiration of the service period stipulated in the preliminary realty service contract concluded by the construction unit and the realty service provider according to law, if the realty service contract concluded by the owners' committee or the owners and the new realty service provider comes into effect, the preliminary realty service contract shall be terminated.

Article 941 Where a realty service provider entrusts special services within the realty service area to a professional service institution or other third party, it shall be responsible to the owner for the special services.

The property service provider shall not entrust all the property services it should provide to a third person, or entrust all the property services to a third person after the demolition.

Article 942 A realty service provider shall, in accordance with the agreement and the nature of the use of the property, properly repair, maintain, clean, afforest and manage some owners in the realty service area, maintain the basic order of the realty service area, and take reasonable measures to protect the personal and property safety of the owners.

Property service providers shall take timely and reasonable measures to stop acts that violate laws and regulations such as public security, environmental protection and fire protection in the property service area, report to the relevant administrative departments and assist in handling them.

Article 943 A realty service provider shall regularly disclose the owner's service items, responsible personnel, quality requirements, charging items, charging standards, performance, use of maintenance funds, and part of the operation and income in a reasonable way, and report to the owners' meeting and the owners' committee.

Article 944 The owner shall pay the property fee to the property service provider as agreed. If the property service provider has provided services in accordance with the agreement and relevant regulations, the owner shall not refuse to pay the property fee on the grounds that he has not accepted or does not need to accept the relevant property services.

If the owner fails to pay the property fee within the time limit in violation of the agreement, the property service provider may urge him to pay it within a reasonable period of time; If the payment is not made within a reasonable period, the property service provider may bring a lawsuit or apply for arbitration.

The property service provider shall not stop power supply, water supply, heat supply and gas supply to demand payment of property fees.