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Which platform can pay the property fee?
When will the property management fee be paid?
After the developer issues the notice of repossession, the owner should repossess the building on time. Because in the commercial housing sales contract, the two sides agreed on the time of repossession, and if it is not repossession on time, it is a breach of contract. Moreover, even if the owner fails to repossess the building on time, the costs and risks arising from the house will be borne by the owner himself.
However, it must be noted that the property management fee should be charged according to the date when the owner receives the notice of repossession, and should not be calculated from the date of delivery of the property according to the agreement in the purchase contract. If the developer fails to notify the owner in writing after the delivery date, and the owner delays the repossession, there is no need to pay the property management fee. Even if the salesperson verbally informs the owner to repossess the building, it does not conform to the process and cannot be counted as the developer has notified the owner to repossess the building. When the building is repossessed, if the owner finds that the building has quality problems and needs to be rectified, the property management fee that needs to be paid in the rectification process shall be borne by the developer, and the owner does not need to pay the property management fee. Because this is caused by developers, developers should bear corresponding responsibilities.
Property charges regulation
Article 1 In order to further standardize the charging behavior of property services, improve the transparency of property services, safeguard the legitimate rights and interests of owners and property management enterprises, and promote the healthy development of the property management industry, these Provisions are formulated in accordance with the Price Law of People's Republic of China (PRC), the Regulations on Property Management and the Provisions on Clearly Marking Goods and Services.
Article 2 Property management enterprises providing services to owners (including providing property services as agreed in the property service contract and providing services other than those agreed in the property service contract upon the entrustment of the owners) shall clearly mark the price in accordance with these Provisions, and indicate relevant information such as service items and charging standards.
Article 3 Property management enterprises shall abide by the principles of openness, fairness, honesty and credit, and abide by national price laws, regulations, rules and policies.
Article 4 The competent pricing department of the government shall, jointly with the competent real estate department at the same level, implement the management of clearly marked prices for property service charges. The competent pricing department of the government shall supervise and inspect the implementation of clearly marked price provisions by property management enterprises.
Fifth property management companies should clearly mark the price, the price is complete, the content is true, the logo is eye-catching and the handwriting is clear.
Article 6 The contents of clearly marked price for property service charges include: the name of the property management enterprise, the charging object, service content, service standard, charging method, charging start time, charging items, charging standard, price management table, charging basis, price reporting telephone number 12358, etc.
Property service charges subject to government-guided prices shall indicate the benchmark charges, floating range and actual charges.
Seventh property management companies can clearly mark the price through bulletin boards, publicity columns, charge tables, charge lists, charge manuals, multimedia terminal inquiries, etc. In a prominent position or charge place within its service area.
Article 8 Where a property management enterprise accepts the entrustment to collect water supply, power supply, gas supply, heat supply, communication, cable TV and other related fees, it shall also clearly mark the price according to the relevant contents and methods in Articles 6 and 7 of these Provisions.
Article 9 A property management enterprise shall provide services other than those stipulated in the property service contract upon the entrustment of the owner, and the charging standard shall be clearly indicated to the owner in an appropriate way after both parties agree.
Article 10 When the clearly marked property service charging standard changes, the property management enterprise shall adjust the related contents one month before the implementation of the new standard, and indicate the effective date of the new standard.
Eleventh property management companies shall not use false or misleading price content to conduct price fraud. Don't charge any unspecified fees in addition to the list price.
Article 12 If a property management enterprise does not clearly mark the price or uses the clearly marked price to commit price fraud, the competent price department of the government shall punish it according to the Price Law of People's Republic of China (PRC), the Provisions on Administrative Punishment of Price Violations, the Provisions on Clearly Marking the Price of Goods and Services and the Provisions on Prohibiting Price Fraud.
Legal basis:
Article 944 of the Civil Code of People's Republic of China (PRC), 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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