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according to shanghai legal daily, a woman bought multiple foreclosed properties, but the property management refused to let her move in!

"i obtained ownership of three properties in the local ziyu lanting community through a judicial auction by the qindu district people's court of xianyang city and obtained the real estate certificates. however, when i went to the property management to check in, i was told that without notification from the developer, the property management could not open the water, electricity and gas supply." ms. guo from xianyang city, shaanxi province complained to the media that she contacted the district court and the district housing property affairs center, but the problem was difficult to resolve.

owner: the house was auctioned and the property certificate was obtained

there was an obstacle in checking in at the property

ms. guo introduced that in september 2023, she saw on the internet that the qindu district people's court of xianyang city was auctioning off several properties in the local ziyu lanting community. at that time, she was planning to buy houses for herself and her parents, so she participated in the auction. in the end, she won three properties at a price per square meter that was about 1,000 yuan lower than the market price.

ms. guo showed the reporter the transaction confirmation of the three properties, which showed that the judicial subject matter disposal unit was the qindu district people's court of xianyang city. "the court then assisted me in applying for the property certificate and handed over the house keys to me," ms. guo said. "the three houses were all rough-finished houses, and no one occupied them. the court directly seized them from the developer and mortgaged them for auction."

in april 2024, after the weather warmed up, ms. guo was ready to start the renovation of the two houses. "i went to the property management to pay the renovation deposit, open the water, electricity and gas, and go through the house acceptance procedures, but i was told that they needed to receive a notice from the developer, and the house acceptance could not be completed without a notice." this made ms. guo very depressed.

property: disputes between developers

cannot process if no notification is received

on september 6, the reporter accompanied ms. guo to ziyu lanting and met with relevant property financial staff.

according to the property staff, although the community was developed by shaanxi yuyuan real estate development co., ltd., the company had economic disputes with other units, and the qindu district court eventually froze some of the unsold properties and conducted a judicial auction. however, the development of this building was funded by the branch company, and the head office did not participate. "we have not received any notice from the branch company, so we really cannot process the collection of the house for ms. guo." the property staff said. later, ms. guo said that the property financial staff was also the financial staff of the developer's branch company, and the other party did not deny it.

in front of the reporter, the property finance staff called the person in charge of the developer's branch, but the other party did not answer. subsequently, the reporter called the number several times, but still no one answered.

the reporter searched online and found that shaanxi yuyuan real estate development co., ltd. is currently involved in a total execution amount of 200 million yuan and has as many as 82 consumption restriction orders.

according to the financial staff of the property, there are about 1,000 households in the community, of which 100 properties are in a state of unsold and frozen by the court. they told ms. guo, "the property certificate you have is useless. i only recognize the notice of the developer (branch). if the developer asks me to do it, i will do it for you. you bought the house from the court, so you should go to the court (to resolve it)."

execution bureau: property management companies are not executive entities

owners can sue if they refuse to check in

in desperation, ms. guo called the judge of the execution bureau of qindu district people's court who was handling the case in front of reporters. "according to the regulations, the court will assist you in vacating the house, apply for the property certificate, and hand over the keys to you, and our duties will be over," the judge said. "now it is the property company that refuses to provide you with water, electricity and gas. the subject of the execution case handled by the execution bureau is the developer, not the property company."

according to the judge's explanation, the court also interviewed the relevant person in charge of the property company and tried to coordinate and cooperate with the owners who acquired the properties through judicial auction to go through the house acceptance procedures. however, since the property company is not the execution entity, the court's execution bureau has no right to take compulsory measures.

he suggested that the court had assisted ms. guo in obtaining the property certificate, and the ownership of the house belonged to her, and the property management company should cooperate with the owner to collect the house. at present, the property management company's failure to cooperate constitutes an infringement, and it is recommended that ms. guo file a separate lawsuit against the property management company for its infringement. with the judgment, the enforcement bureau can take compulsory measures.

ms. guo got the property certificate, so she belongs to the owner. how did the relevant departments respond when the property management company refused to provide water, electricity and gas to the owner? ms. guo said that she had contacted the relevant departments before, but the staff said there was nothing they could do.

the reporter contacted the housing property affairs center of qindu district, xianyang city to inquire about the situation. the relevant person in charge said that they knew about ms. guo’s situation, but there was indeed no good way to solve it.

"after ms. guo complained to us, we issued a rectification notice to the property management company in july this year, ordering them to cooperate with the owner to complete the relevant procedures for receiving the house within three days. however, the other party refused to make rectifications. we also interviewed the person in charge of the property management company, but they still refused to make rectifications."

the relevant person in charge said, "we do not have administrative law enforcement power, we can only manage the industry internally, and plan to put the company on the property blacklist. property companies on the blacklist will be affected in rating and bidding, etc."

lawyer: if the property still does not execute the judgment, it may violate the criminal law

zhao liangshan, senior partner of shaanxi hengda law firm and a well-known public interest lawyer, believes that the homeowner handled the transfer and received the house keys, and could have moved in smoothly, but because the property management company currently does not provide water, electricity and gas, it is difficult to move in. the execution bureau explained that the execution bureau is only responsible for handing over the keys and vacating the house, and does not guarantee that the property management company will provide water, electricity and gas. this explanation is not unreasonable. the property management company's failure to provide water, electricity and gas is a new dispute between the property management company and the current homeowner. the property management company's move is a blatant illegal infringement; the execution bureau can only coordinate with the property management company to provide water, electricity and gas, and has no right to enforce the property management company.

zhao liangshan said that if the execution bureau fails to coordinate with the property, this problem is not unsolvable. in response to the property's illegal behavior of not opening water, electricity and gas for the current homeowner, the current homeowner can take the property to court and ask the property to stop the infringement and fulfill its obligation to open water, electricity and gas. after the judgment takes effect, if the property does not perform the judgment obligations, the current homeowner can apply to the court for compulsory execution, and the court can take compulsory measures against the property and its actual controller, such as fines, judicial detention, etc. if the circumstances are serious, the actual controller of the property may also violate article 313 of the criminal law, and be suspected of refusing to execute a judgment or ruling, and face a sentence of less than three years in prison, detention or a fine. at that time, the court's execution bureau may transfer the case to the public security organ to investigate its criminal responsibility.

zhao liangshan reminded that home buyers should be cautious when purchasing foreclosed properties, and try to learn the actual situation of the foreclosed properties from multiple sources. they may wish to check it out on site and ask neighbors about the remaining issues of the foreclosed properties, explore whether there are any problems such as arrears in property fees, water and electricity bills, and then check for hidden dangers and eliminate worries, so as to avoid falling into traps and regretting it.