Commercial housing sales, property buyers and selling units should sign the relevant housing maintenance fund payment agreement, generally for the purchase area of 50-80 yuan per square meter. Units selling houses shall, within 30 days from the date of receipt of housing maintenance funds, deposit the special housing maintenance funds paid by them into the special housing maintenance fund account. The maintenance fund collected by the selling unit belongs to all owners and is not included in the residential sales income.
The current standards are: 80 yuan per square meter for high-rise buildings (including multi-storey buildings with elevators) and 50 yuan per square meter for multi-storey buildings (including villas). (Local policies are different, and they should be paid according to local regulations. )
According to the Administrative Measures for Maintenance Funds of Some Residential Facilities and Equipment implemented in 2008, "When the ownership of the house is transferred, the owner shall explain the deposit and balance of the special maintenance funds of the house to the transferee and issue a valid certificate, and the remaining special maintenance funds in the sub-account of the house will be transferred with the ownership of the house." Therefore, in the process of second-hand housing transactions, the seller may not ask the owners' committee to return it.
At the legal level, there is no clear stipulation on who will bear the housing maintenance fund in the process of second-hand housing transaction, so when the buyer and the seller sign the housing sales contract, they can clearly state it in the supplementary agreement. It should also be noted that if the depositor of the housing maintenance fund is inconsistent with the property owner, it may lead to unnecessary trouble in the use of the maintenance fund. Therefore, when buying and selling a house, the buyer and the seller should agree to handle the transfer (renaming) procedures of the house maintenance fund.
As the maintenance fund is mainly used for the major and medium-sized repairs, renovation and transformation of * * old parts and * * old equipment and facilities after the property warranty period expires, neither the buyer nor the seller can withdraw it. In the actual transaction process, the seller generally does not ask the buyer for compensation separately. If the seller wants the buyer to bear the public maintenance fund, a good way is to report the part that the buyer wants to bear in the total house payment.
1. 1998. If the commercial house completed before and paid the deed tax of the current year fails to pay the house maintenance fund fee, the buyer shall also pay 2% of the house transaction price when trading again.
2. The purchased public houses have a special nature, and the general housing maintenance fund has not been paid. According to the national regulations, when purchasing public houses, the purchaser needs to pay 2% of the house transaction price, and the transaction party is legal and valid.
In order to avoid disputes between buyers and sellers in the future, in the process of second-hand housing transactions, buyers and sellers should conduct unified consultation and communication according to the nature of the house and the payment of housing maintenance funds.