After experiencing the epidemic period, many people's economic situation has changed dramatically, affected by debt, many people who cannot pay back their debts will choose to mortgage or auction their houses.
Due to the low price of foreclosure houses, there are many people who are very enthusiastic about buying foreclosure houses, however, buying foreclosure houses is also very risky, and Mr. Cao encountered a headache after photographing a foreclosure house in Qingdao.
I. Review of the facts of the case
Mr. Cao has always had the dream of starting his own business, so after many years of work, Mr. Cao wanted to open his own hotel and live a life where he could earn money while sitting.
However, if you want to open a hotel, you must own a large house, otherwise the expensive rent will cost you nothing.
So, Mr. Cao took a look at a house that was being auctioned by the court, and after paying most of the deposit, Mr. Cao finally won the foreclosure house.
Then Mr. Cao couldn't wait to invest more principal to decorate the hotel, and the back and forth almost emptied all of Mr. Cao's savings.
While Mr. Cao was waiting for the newly opened hotel to make money for himself, he found that the hotel's water and electricity had been cut off by the property.
An angry Mr. Cao immediately approached the staff of the property company, but the staff told Mr. Cao that the former owner of the foreclosure house owed five million yuan in property fees, and Mr. Cao had to return the property fees before the property company could reconnect the hotel to water and electricity.
It is clear that it is not the property fee that you owe, but you have to pay it back yourself, what is the reason?
Mr. Cao immediately refused the request of the property company, which had been shutting down the hotel's water and electricity.
Mr. Cao really had no choice, so he found a reporter from the news media to help him solve the problem.
When the reporter came to interview the staff of the property company, the property company refused to disclose any useful information, they just said that this was the company's regulations, and they had no way.
And this matter made Mr. Cao feel very helpless, obviously he just wanted to open a small hotel, but encountered this kind of thing.
Finally, under the mediation of the reporter, both parties were willing to take a step back, the property side was willing to reduce the property fee, and Mr. Cao was also willing to pay the property fee little by little in the later stage, and this matter was over.
2. Interpret the law by case
1. Who bears this property fee under normal circumstances?
Before Mr. Cao took the foreclosure house, this property fee was owed by the original owner and belonged to the personal debt of the original owner, so under normal circumstances, this property fee should be borne by the original owner.
According to the relevant provisions of the Interpretation of the Supreme Court on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Dispute Cases, if the owner fails to pay the property fee as required, the court should support the property company's request for the owner to pay.
In this case, the original owner failed to pay the property fee owed to the property company as required, so if the property company wanted to recover the property fee, it could sue the original owner to get the original owner to pay the property fee.
2. Under what circumstances does Mr. Cao need to bear this property fee?
Under normal circumstances, this property fee is borne by the original owner, but if before the foreclosure auction, there is a requirement that all the arrears owed by the subject matter must be borne by the buyer, then this property fee needs to be borne by Mr. Cao, who auctioned the foreclosure house.
According to the Relevant Provisions of the Supreme People's Court on the Auction and Sale of Property in the Civil Enforcement of the People's Courts, before conducting the auction of a house, the people's court must ascertain the current status of the auctioned property and explain these contents.
In this case, if the court had already made an explanation of the property fee owed by the house before the auction of the house, and publicized that it needed to be borne by the buyer, then the property fee would have been borne by Mr. Cao, and if the court had not done so and Mr. Cao was completely unaware of it, then Mr. Cao would not have been liable for the property fee.
3. Does the property have the right to cut off water and power to Mr. Cao's hotel?
The property company only plays the role of collecting the owner's utility bills, and as for water and electricity, it is specifically supplied to the owner by the water supply bureau and the power supply bureau, so the property company has no right to be good at water and electricity cuts.
According to Articles 942 and 943 of the Civil Code, the staff of the property shall maintain the order in the property service area and the relevant rights and interests of the owner in accordance with the agreement, and shall not cause damage to the legitimate rights and interests of the owner.
In this case, the property company stopped the water and electricity of Mr. Cao's hotel without authorization, resulting in Mr. Cao's hotel being unable to operate, which seriously damaged Mr. Cao's rights and interests, and Mr. Cao could protect his rights and interests through the law.
Epilogue:
There are many risks in buying a foreclosure house, so before greedy for this cheapness, it is still necessary to understand all the situation of the house before deciding whether to buy it.
【Disclaimer】This case is the existing material on the Internet, the starting point of this article is to popularize the law for everyone, and there are no other adverse factors and guidance. In particular, there are no fabrications in this article.