Is it legal not to sign property management regulations and not to give keys?

If in the process of handing over the house, the developer does not give the key because he has not signed the property management regulations, is it illegal for the developer in this case? How to solve it?

If you don't sign the property management regulations, you won't give the key.

Wang said that he bought the auction house in 65438+March 2004. /kloc-After the house was handed over in February/May, the property management company put forward two requirements when handling the check-in procedures: First, the owners' convention must be signed; Second, a three-year property management agreement must be signed. I found that some clauses in the owners' convention were different from those promised by developers before buying a house, and it was unreasonable to sign a three-year property management agreement, so I refused the request of the property management company, and as a result, the property management company refused to give the house keys on this ground.

Is the developer illegal?

According to the provisions of Article 23 of the Property Management Regulations, the construction unit shall express the temporary owners' convention to the property buyer before the property is sold and explain it. When signing a property sales contract with the construction unit, the property buyer shall make a written commitment to abide by the temporary convention of the owners.

When Wang purchases the 14 commercial house, the developer shall show Mr. Wang the temporary agreement of the owner. If Wang Can doesn't accept it, both parties may not sign a commercial housing sales contract.

Property management is a civil legal act between equal subjects, and there is no administrative order. Therefore, the conclusion of a property management contract should be the final result of negotiation between the two parties and a legal act between equal subjects. Neither party has the right to force the other party to sign a contract. There is no basis for either the construction unit or the property management company to force the owners to sign a three-year property management agreement in exchange for not giving the house keys. If the developer or property management company really considers for the owner, I believe the owner will accept it rationally, and the developer or property management company can also exercise the rights in the property management regulations and negotiate with the owner through normal legal channels.

Article 60 of People's Republic of China (PRC) Contract Law stipulates that the parties shall fully perform their obligations as agreed. As a developer in accordance with the contract to collect the owner's purchase price, it should fulfill the obligation to deliver the house to the owner. If the developer himself or his property management company refuses to sign the property management agreement because the owner has not signed the owners' convention, this behavior itself constitutes a breach of contract by the developer and an infringement on the legitimate rights and interests of the owner.

Article 107 of the Contract Law of People's Republic of China (PRC) stipulates that if a party fails to perform its contractual obligations or fails to perform its contractual obligations, it shall be liable for breach of contract such as continuing to perform, taking remedial measures or compensating for losses. Therefore, through litigation, Wang Can requested the court to order the developer to deliver the house and bear the legal responsibility for the overdue delivery.

(The above answer was published on 2015-10-1,please refer to the actual situation for the relevant housing purchase policy at present).

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