Property lien form

After buying the property auctioned by the court, the electricity fee owed by the former owner should be deducted from the auction money, and the owner does not have to bear this part of the cost. According to the "Measures for the Administration of Property Charges", when the property right is transferred, the original owner shall settle the property service fee. A new property service contract relationship is formed between the property and the new owner. The property should claim the fees owed by the original owner from the original owner, and the new owner will not bear joint liability for this.

Legal analysis

Before the new owner bought this house, he did not enjoy the services of this property management company. The property company should ask the original owner to pay the fees owed by the original owner for enjoying the property service. It is the responsibility of the property company to verify whether its property fees and other expenses have been settled when the original owners move out of the community. However, the property company did not do this, but let the original owner get away with it. Property companies should urge the original owners to pay the arrears. In reality, some properties have encountered a similar situation, that is, the owners who owe money have moved away, and the property can't find anyone at all, so it can only be solved through legal channels. The new owner can help the property company find the original owner to pay the arrears, but he is not obliged to pay in advance. The property management fee is based on the contract between the property management company and the owner, and the property management company should not transfer the arrears of the original owner to the new owner. If the property is auctioned by the court, the unpaid electricity fee will be deducted directly from the auction money, and the current owner will not be responsible for this part of the cost.

legal ground

People's Republic of China (PRC) Civil Code

Article 437 Upon the expiration of the debt performance period, the pledger may request the pledgee to exercise the pledge right in time; If the pledgee fails to exercise it, the pledger may request the people's court to auction or sell the pledged property. The pledgor requires the pledgee to exercise the pledge right in time, and if the pledgee delays in exercising the right and causes damage to the pledgee, the pledgee shall be liable for compensation.

Article 454 The debtor may request the lien holder to exercise the lien after the expiration of the time limit for performance of the debt. If the lien holder fails to exercise it, the debtor may request the people's court to auction or sell the retained property.