Job Recruitment Website - Property management company - What should the original owner of the second-hand house do if he defaults on the property fee? Teach you two tricks
What should the original owner of the second-hand house do if he defaults on the property fee? Teach you two tricks
When buying a second-hand house, when the original owner defaults on the property fee, at this time, you should first check whether there is a property deposit when signing the contract. If you stay, the original owner will default on the property fee and deduct it directly from it. If there is no property deposit, the money should not be paid by the current owner, which is legal.
1. Leave the property delivery deposit when paying the house.
In order to avoid disputes caused by the original owner's default on property fees, it is suggested that the buyer ask the seller to settle the fees before transfer, and all the fees before transfer shall be borne by the seller, and this clause shall be written into the contract. And you can set aside a part of the balance as a property delivery deposit when paying the house payment, which is generally 20 thousand in Beijing. The buyer will not pay the seller until the buyer and the seller successfully complete the delivery of the property. If the seller maliciously defaults on the property fee, he can directly pay the property arrears with the property delivery deposit, which can greatly reduce the risk that the buyer will bear the economic loss of the property arrears.
2, did not leave a property deposit to do so!
(1) looking for an intermediary
If the house is traded through an intermediary, you can ask the intermediary to pay in advance and let the intermediary go to the original owner to recover the property fee. However, as long as a few intermediary companies can do it, whether you can get it back depends on whether you are looking for a reliable intermediary.
(2) refusing to pay according to law
Article 15 of the Measures for the Administration of Property Service Fees stipulates: "When the property right is transferred, the owner or user of the property shall settle the property service fee or property service fund." Therefore, for this part of the cost, if there is no agreement between the buyer and the seller in the house sales contract or supplementary agreement, it shall be borne by the original owner.
If a new property service contract relationship is formed between the property and the new owner, the property company shall recover the property fee owed by the original owner, and the new owner shall not bear any responsibility for it. Therefore, there is no legal basis for the property company to recover the arrears of property fees from the new owners.
When buying a second-hand house, the dispute caused by the original owner's default on property fees can actually be avoided before signing the contract. Even if the original owner's property arrears are discovered after moving in, it is enough to remember that the property company has no legal basis to recover from the current owner.
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