Job Recruitment Website - Property management company - Do you need to pay property fees for unqualified delivery?
Do you need to pay property fees for unqualified delivery?
Houses with quality problems or unqualified acceptance shall be repaired by the construction unit before re-acceptance, and the property fees incurred during the period shall be borne by the construction unit. In the property management area, water supply, power supply, gas supply, heat supply, communication, cable TV and other units shall charge relevant fees to the end users.
Property service providers 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 property service area, maintain the basic order of the property 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.
Does the unqualified house belong to deferred delivery?
Belong to. If it is a general quality problem such as cracks, peeling, hollowing, water leakage and electric leakage. Such quality disputes should not affect the completion of delivery. On the premise of meeting the delivery conditions, the house has met the legal conditions for delivery, which does not affect the realization of the contract purpose and does not constitute a fundamental breach of contract. It can be completely solved by repairing, redoing or compensating for the loss. If there are quality problems or hidden defects after delivery, the seller shall bear the warranty responsibility. If the buyer refuses to repair or delays the repair within a reasonable period of time, the buyer may repair by himself or entrust others to repair, and the repair expenses and other losses during the repair period shall be borne by the seller.
Legal basis:
People's Republic of China (PRC) Civil Code
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 Property service providers 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 property service area, maintain the basic order of the property 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 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.
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