When buying a second-hand house, should the former owner bear the property fee if he doesn't pay it?

By the former owner, the property management company can continue to sue the former owner for owing property fees.

Legally speaking, the problem of arrears left over from house transfer should have nothing to do with property buyers. Because the contract is relative, the contract is a problem between the two and cannot involve a third party.

Since the service contract between the original owner and the property management company does not involve subsequent buyers, the new owner has no obligation to pay property fees.

In the process of safeguarding rights, it is necessary to collect relevant evidence to prove that the unpaid property fees should be borne by the original owners, such as the testimony of the intermediary and the chat records with the original owners.

Secondly, according to the relevant provisions of Articles 107 and 1 12 of the Contract Law, you can ask the original owner to continue to pay the property management fee to the property management company and compensate you for the losses caused by its default in property management fee; If you still have relevant evidence that the intermediary company guarantees the property fee, you can also ask the intermediary company to pay the property fee.

Finally, because the unpaid property fee is not very large, it is suggested that both parties actively negotiate to solve it; If negotiation fails, rights can be protected according to law.

"Property Management Regulations" Article 26 The term of the preliminary property service contract may be agreed; However, if the realty service contract signed by the owners' committee and the realty service enterprise takes effect before the expiration of the term, the prophase realty service contract shall be terminated.

Extended data

"Property Management Regulations" Article 41 The owner shall pay the property service fee in accordance with the provisions of the property service contract. If the owner and the user of the property agree that the user of the property shall pay the property service fee, the owner shall bear joint and several liability from the agreement. Property that has been completed but has not been sold or handed over to the property buyer shall be paid by the construction unit.

Article 43 A realty service enterprise may, upon the entrustment of the owners, provide services beyond those stipulated in the realty service contract, and the service remuneration shall be agreed upon by both parties.

Forty-fourth property management area, water supply, power supply, gas supply, heating, communications, cable television and other units should charge the relevant fees to the end users. The realty service enterprise shall not charge additional fees such as handling fees to the owners if it accepts the entrusted collection of money.

Baidu Encyclopedia-Property Management Regulations