Just bought a house, the contract clearly stated that the property fee was settled by selling the house. After the transaction, it was found that the seller was unwilling.

Just bought a house, the contract clearly States that the property fee will be settled by selling the house. After the transaction, the seller was found unwilling. Should I settle the contract for selling a house, when it is clear that the property fee is settled by selling a house? After the transaction, the seller was found unwilling. If the negotiation fails, I bring a lawsuit to the court, claiming that the seller should bear the liability for breach of contract.

The legal basis is the Contract Law of People's Republic of China (PRC).

Article 107 If a party fails to perform its contractual obligations or fails to perform the contractual obligations in conformity with the contract, it shall be liable for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

I have bought a second-hand house, but after the money has been paid off, I found that the seller still has several thousand yuan of property fees to pay. After the transfer is completed, the property will be handed over, that is, the property will be renamed, and the previous expenses will be settled by the original owner, including the property fee or heating fee owed before. Be tough on the property, tell them that it is owed by the former owner and let them go to the original owner.

In the sale of second-hand houses, the seller is unwilling to transfer ownership. What should I do with the second-hand housing transaction process?

1. Buyer's consultation

The buyer and the seller establish information communication channels, and the buyer knows the overall situation and property rights of the house, and requires the seller to provide legal documents, including house ownership certificates, identity documents and other documents.

Step 2 sign a contract

The seller provides the legal certificate of the house, and the buyer can pay the house purchase deposit (paying the house purchase deposit is not a necessary procedure for the sale of commercial housing), and the buyer and the seller sign a house sale contract (or a house sale contract). After the buyer and the seller reach an agreement on the location, property right, transaction price, delivery time, delivery method and property right disposal of the house through consultation, both parties shall sign at least three house sales contracts.

Step 3 handle the transfer

The buyer and the seller apply to the real estate transaction management department for review. After the buyer and the seller apply to the real estate management department, the management department shall examine the relevant documents, review the property rights, and grant the transfer procedures for the houses that meet the listing conditions. If there is no property right or some property rights without the written consent of other property rights, the application will be refused and the listing transaction will be prohibited.

Step 4 act

The relevant departments of real estate shall report to the examination and approval level by level according to the property right status and the purchase object of the transaction house and the examination and approval authority set by the transaction department in advance, and both parties to the transaction may go through the formalities for signing the deed. Now Beijing has cancelled the real estate sales contract during the transaction, which is also commonly known as the "white contract".

Step 5 pay taxes and fees

The composition of taxes and fees is more complicated, depending on the nature of the transaction house. For example, the tax composition of commercial housing such as housing reform, rebuilding and demolition, and affordable housing is different.

6, the transfer of property rights transfer procedures.

After the real estate transaction management department completes the registration of property right change, both parties will hand over the transaction data to the issuing department, and the buyer will apply to the issuing department for a new property right certificate with the notice of receiving the property ownership certificate.

7. Bank loans

For the buyer of the loan, after signing the house sales contract with the seller, both the buyer and the seller will go to the loan bank to handle the loan formalities. The bank will review the buyer's credit, evaluate the house that both parties want to trade, and then approve the buyer's loan. After the two parties complete the registration change of property rights and the buyer obtains the house ownership certificate, the bank will issue a one-time loan.

8. Make a settlement to complete the transaction.

After the buyer obtains the ownership certificate of the house and pays off all the house price, and the seller delivers the house and pays off all the property fees, the sales contract of the second-hand house of both parties is fully fulfilled.

The landlord who sells the house has not settled the property fee according to the contract. Can he apply for a payment order? This depends on your purchase contract, whether there is an agreement on unpaid property fees. If there is no agreement, it can be regarded as that you have inherited the obligation of unpaid property fees from the original landlord, and the property can ask you to pay. You can ask the original landlord for it again No, we can only go to court. I have to go through legal procedures for the property fee of several hundred dollars. It's hard and time-consuming, so I admit it.

After buying a second-hand house, I found that the seller concealed the defects of the house. Can the contract be terminated? Suspected of contract fraud, but it depends on the specific flaws.

Contract fraud is an act of defrauding public and private property by means of concluding a contract and taking illegal possession as the purpose, using fictional facts or concealing the truth.

Judicial interpretation means that "one party intentionally informs the other party of false information, or intentionally conceals real information to induce the other party to make a wrong expression of meaning".

I paid a deposit when I bought a house, but later I found that I owed the property fee and refused to pay it back. Can the buyer check out and ask for a deposit? Owning property fees cannot be a reasonable condition for refusing to continue to perform.

Because the payment of the property fee is borne by the owner, even if it is a sale, the property fee owed by the former owner is paid by the former owner, because the property company will judge who will pay according to the real estate license. Unless otherwise agreed by both parties, of course.

So in this matter, we can only communicate with each other to refund the deposit.

I am the landlord, and the contract stipulates that the property fee shall be paid by the tenant, but the tenant is unwilling to pay the property fee. What can a property company do to solve the problem? According to the property management regulations, the landlord has a guarantee responsibility for the lessee of the house. The property management fee shall be borne by the owner according to law. Although the contract between you and the tenant is agreed to be paid by the other party, this contract belongs to the agreement between you and the tenant and is not binding on the property company. Therefore, the property company can finally recover the arrears from the landlord. I suggest you take the initiative to urge tenants to pay property fees in time to avoid greater losses caused by liquidated damages.

After I paid the deposit for buying a second-hand house, the seller was unwilling to sign the contract according to the details. What are the details? The question is not detailed!

Is there no intermediary? In this case, the intermediary will generally take the initiative to mediate? !

I suggest you make sure that the person signing the contract is the owner himself. If not, there is something fishy in it, so be on your guard! If it is the real owner, what are your details? Bad for others? Is it still normal? mediate

Why do some people have money to buy a house, but they don't want to pay property fees? They want to make money by buying a house. Property is a pure loss, and quality is a problem, provided that property skills are ok.