Job Recruitment Website - Property management company - No payment, no delivery? How much do I have to pay for the new house?
No payment, no delivery? How much do I have to pay for the new house?
When owners check in, they often encounter such situations: some developers require that they must pay some so-called fees and deposits in advance, such as public maintenance funds, property management fees, decoration deposits, gas and cable TV fees, etc. Otherwise, they won't hand over the key. Faced with a lot of various charges, many owners who lack understanding of relevant policies and regulations are often confused. What expenses are paid by the developer, what expenses are paid by the owner, and what unreasonable expenses are not needed?
1. Differentiate payment entities
The occupancy fee can be divided into two parts, one for the developer and the other for the property company.
The fees paid to developers usually include: compensation for area increase; Liquidated damages; Pipeline gas account opening fee; Cable TV installation fee; Telephone and broadband installation fees; Security system costs; Property agency related expenses (deed tax, stamp duty, area measurement fee, certificate fee, etc.). ); Other expenses stipulated in the real estate sales contract.
Fees paid to property management companies usually include: several months of property management fees in advance; Working capital for hydropower generation; Decoration deposit; Decoration garbage cleaning fee, etc.
In the actual delivery, the charging subjects are often confused, and property companies often interfere with the delivery of houses. We often see developers and property companies joining hands. Once there is a charge dispute in the delivery of real estate, some developers will hand it over to the property company regardless of the specific situation, resulting in unclear charging subjects and arbitrary charges.
Friendly reminder: the car should pay attention to the fact that the subject of the relevant charging voucher should be consistent with the subject with the right to charge. If it is collected by a property company, it should be required to show the original power of attorney of the developer, otherwise the relevant formalities will not be handled.
2. Reject the extra-contractual expenses
As long as the owner has paid off all the house price, the developer should unconditionally deliver the house that meets the contract agreement to the owner, and can't set fees beyond the legal provisions or the contract agreement, otherwise it is a breach of contract, and the owner has the right to refuse to attach conditions to the delivery of the house, and the developer will bear the responsibility for overdue delivery. If the owner and the developer also signed the "Preliminary Property Management Contract" or "Temporary Convention of Owners" when signing the house purchase contract, and promised to pay the property management fee, they should also pay the corresponding property management fee.
Property management fee
The owner must pay the property management fee after repossession, but the owner can pay it monthly, and the property company has no right to force the owner to pay the long-term property management fee as a condition for repossession. Need to remind the owner that the property management fee that must be paid to the property company at this time is only the comprehensive management service fee in the above provisions, and does not include the cost of several other services.
Public maintenance fund
This fund is different from the property management fee. It is only used for overhaul, renewal and transformation of residential parts and facilities after the warranty period expires. The public maintenance fund does not need to be paid at the time of check-in, but it should be paid before handling the property right certificate.
decoration deposit
Regarding whether to collect decoration deposit and decoration management fee, there is the biggest dispute between the owner and the property company, and there are many disputes in actual operation.
On the one hand, due to the great security risks in the decoration process, problems such as dismantling load-bearing walls without permission, blocking sewer pipes, disturbing people by construction, and public disorder caused by the casual entry and exit of decoration personnel will damage the interests of the community, and the elevator carrying cement and sand will also cause wear and tear to the citizens. In this process, the property company really needs to invest manpower and material resources for management and restraint. Therefore, general property companies require owners to pay hundreds or even thousands of dollars of decoration deposits before renovation, and promise to return them after renovation.
On the other hand, according to the provisions of the Notice on Regulating Property Charges, property companies are not allowed to collect decoration deposits and decoration management fees by themselves. The decoration deposit received will be repaid within one month after the owner finishes the decoration.
Considering the overall environment of the community and the quality of residential buildings in the community, it is reasonable for the property to collect the decoration deposit, but if there is no special agreement, according to the current policy, the owner can still refuse to pay. The decoration management fee is unreasonable, and the owner does not have to pay it.
Gas opening fee
Judging from the actual situation, whether to charge the gas opening fee depends on whether there is an agreement between the developer and the household. For example, when selling a house, the developer did not promise the gas pipeline to enter the house, but stated that it was borne by the owner, so it was a prerequisite to collect the gas opening fee when handing over the house. Generally speaking, the gas opening fee is paid by the developer to the gas company, which is actually included in the total house price. If the developer promises to supply gas to the house when selling the house, it can generally be presumed that this cost has been included in the house price.
Cable TV and broadband network account opening fee
This fee does not belong to the scope of property fees. If there is no agreement between the owner and the developer, the owner is not obliged to pay such fees before moving in. Owners can go to relevant institutions (cable TV management institutions, telecommunications institutions) to handle relevant account opening procedures and pay fees.
Property agency fee
If there is no contract basis or the owner voluntarily, the developer has no right to force the agent property right. For the owners who pay the house purchase price in one lump sum, because the developer has no risk, the reason for charging the agency fee is not sufficient; The owner who buys a house by mortgage loan, because the developer also bears the risk of regular guarantee, in order to avoid the risk, handles the property right on his behalf. Although there is no legal and contractual basis, it is still reasonable, but it should also be approved by the owner. Based on the contract or with the consent of the owner, the developer can charge a reasonable property agency fee.
Regional surveying and mapping fee
The principle of collecting area surveying and mapping fees is "whoever entrusts, pays", and the purchase contract has stipulated the obligation of developers to provide area surveying and mapping data to buyers, so the fees should be paid by developers.
parking fee
Parking fee does not belong to the comprehensive cost of property management, and the owner does not need to pay it when he moves in. The property company collects parking fees from the owners according to the charging standards approved by the local price bureau.
(The above answers were published on 20 15- 12-24. Please refer to the actual situation for the current purchase policy. )
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