The property was not put on record and no contract was signed with the owner. What should I do if I ask the owner to pay the fee with the previous property contract?

First of all, property companies are required to fulfill the obligation to undertake inspection, mainly based on the following points:

1. Owners have the right to know and supervise in property management activities.

According to the second paragraph of Article 6 of the Property Management Regulations: (7) Supervise property service enterprises to perform property service contracts; (eight) have the right to know and supervise the use of * * * parts of the property, * * facilities and equipment and related places. In order to standardize the behavior of undertaking property inspection, strengthen the guidance and supervision of previous property management activities, and safeguard the legitimate rights and interests of owners, the Measures for Undertaking Property Inspection was implemented on 20 1 1. According to the provisions of Article 8, the preliminary property service contract signed by the construction unit and the property service enterprise shall include the contents of undertaking property inspection; According to the provisions of Article 9 and Article 10, the construction unit shall, in accordance with the relevant provisions of the state, hand over the property with clear ownership, complete information, qualified quality, complete functions and complete supporting facilities, and complete the acceptance of the parts and facilities used by the property with the selected property service enterprises.

2. Property inspection is the main content of property services.

According to Article 20 of the Measures for Undertaking Inspection of Property, when conducting on-site inspection, the realty service enterprise shall notify the construction unit in writing that if the parts and facilities used by the property do not conform to the agreement or regulations in quantity and quality, the construction unit shall solve them in time and organize the realty service enterprise to conduct re-inspection; According to the provisions of Article 29, the realty service enterprise shall go through the formalities for filing the realty undertaking inspection, including the preliminary realty service contract, the temporary management agreement, the realty undertaking inspection agreement, the list of materials handed over by the construction unit and other documents; If the property is not inspected and filed in accordance with the provisions of Article 30, the owner shall be informed in writing; According to Article 4 1 and Article 42, the owner has the right to know and supervise the property inspection activities. If the construction unit or the realty service enterprise fails to perform the inspection obligation as required, the owner has the right to complain, and the real estate administrative department where the property is located shall order it to make corrections within a time limit.

3. The owner has the right to require him to provide services according to regulations before paying the fee.

The filing documents under the guidance and supervision of government departments according to law have credibility, which is the basis for owners to enjoy rights and undertake obligations according to law, and also the objective basis for verifying service fees according to law; The realty service enterprise shall fulfill the obligations stipulated in Article 18 of the Regulations on Price Management, truthfully report the relevant pricing data of the charging items, implement the charging standard filing system, and must clearly mark the price in accordance with the provisions; Otherwise, it violates the provisions of Article 10 of the Price Law, and its approved service cost is suspected of fraud and lacks legitimacy. The realty service enterprise can't provide relevant documents for the record, which proves that the construction unit failed to hand over the property as required. According to the second paragraph of Article 41 of the Property Management Regulations and Article 16 of the Measures for the Administration of Property Service Fees, the property service fee shall be paid in full by the development and construction unit; According to Article 526 of the General Principles of the Civil Law, the owner has the right to ask the property service enterprise to undertake the responsibility of continuing to perform the property inspection and refuse its request for advance payment.

Put forward suggestions according to laws and regulations, hoping to help friends, please adopt and like them.