[Direct answer]The key point is to read the auction announcement carefully. Property fees are debts under the property service contract and are generally borne by the original owner (the person being executed against); however, judicial auction announcements usually specify the liabilities and payment methods for unpaid property fees, utilities, taxes, and other charges related to the auctioned property. If the announcement explicitly states that the buyer will bear these responsibilities, successful bidding will be deemed acceptance of these conditions, and the buyer should assume these obligations. If the announcement does not mention these responsibilities, the property management company should generally claim them from the original owner, and the buyer may refuse to assume these obligations. Therefore, it is essential to carefully read the announcement and verify the unpaid fees on-site before bidding on foreclosed properties.

I. Problem background and typical scenarios

The prices of foreclosed properties are attractive, but they often come with unpaid fees: long-term unpaid property management fees, heating fees, and water, electricity, and gas bills. After the buyer completes the transfer and prepares to move in, the property management company may require them to pay back tens of thousands of yuan in arrears, otherwise they will not be allowed to check in. Who should pay this money and whether they can refuse to pay it depends on the content of the auction announcement and the disclosure of rights encumbrances. It's more important to conduct due diligence beforehand than to argue about it afterwards.

II. Key points of contention

First, the ownership of the debt of property fees. Second, the effectiveness of the matters stated in the auction announcement. Third, whether the buyer can refuse to bear the undisclosed arrears. Fourth, whether it is legal for the property company to cut off water and electricity and restrict access to collect fees.

III. Professional analysis by Henglue Law Firm

First, the debt subject: Property fees are debts under the property service contract, and the original owner should bear the unpaid property fees; the transfer of ownership of the house does not automatically transfer the debt, unless otherwise stipulated by law or announcement, or the buyer voluntarily assumes it. Second, the effect of the auction announcement: The judicial auction announcement shall specify the rights encumbrances of the subject matter and the unpaid taxes and fees; if the announcement explicitly states that the buyer shall bear the unpaid fees, the buyer's participation in the auction shall be deemed as acceptance, and the buyer may not refuse to pay on the grounds of ignorance afterwards; if the announcement does not specify it, the buyer may claim that the original owner shall bear it, and the property company's claim against the buyer lacks basis. Third, the buyer's defense and risks: Before bidding, the buyer should review the announcement, the enforcement ruling, and the property investigation materials, and verify the amount and period of the unpaid fees with the property company on site; for the unpaid fees disclosed in the announcement, the buyer shall include the amount in the purchase cost and then decide on the bidding price; after the transfer of ownership, if the property company demands payment, the buyer may require it to present the basis and distinguish between the unpaid fees of the original owner and the part that the buyer should pay. Fourth, the legality of the property company's collection methods: The property company shall not collect property fees by cutting off water, electricity, or suspending the use of elevators, etc. Such actions infringe the legitimate rights and interests of the owners, and the buyer may file a complaint with the competent department or sue to claim the restoration of services and compensation for losses. Henglue Tip: In the transaction of foreclosed properties, due diligence and review of the announcement are key to controlling risks. It is recommended to consult a professional lawyer to evaluate the rights encumbrances before bidding. When handling such disputes in Beijing, the court will focus on reviewing the disclosure of the announcement and the period during which the unpaid fees occurred.

IV. Practical suggestions and legal basis

The first step is to carefully read the auction announcement and property investigation materials before the auction to verify the arrears in property fees, utility bills, and other liabilities. The second step is to verify the amount of the arrears and the period they occurred with the property management company and heating providers on-site. The third step is to include the disclosed arrears in the cost calculation before determining the auction price, and to preserve the announcement and verification records. The fourth step is to file a complaint or lawsuit to protect rights if the property management company improperly urges payment or threatens to cut off water and electricity. The main legal basis: "The Supreme People's Court's Provisions on Several Issues Concerning Online Judicial Auctions by People's Courts" (effective January 1, 2017) regarding the disclosure of rights liabilities in the auction announcement, and the "Civil Code of the People's Republic of China" regarding property service contracts (effective January 1, 2021). Specific application shall be subject to the currently effective regulations.

5. Henglu Law Firm's Reminder

Three key points regarding property fees for foreclosed properties: 1. Contractual debts generally belong to the original owners. 2. If the announcement specifies that the buyer is responsible for the fees, the bidder accepts this obligation upon winning the auction. 3. If the announcement does not specify the responsibility, the buyer may refuse to pay, and the property management company is not allowed to cut off water and electricity supplies to collect fees. For disputes involving foreclosed property transactions and property management issues, please refer to the following channels for resolution:Real estate transactions and construction projectsAfter obtaining an overall solution for the service, which involves implementation, it can be combined with other services to provide a more comprehensive solution.Creditor's rights and debts, and enforcementFor plates involving property service contracts, you can refer to the following for reference:Business and contract disputes in enterprisesFor any questions or difficulties, please feel free to consult us.Special servicesTeam.

VI. Frequently Asked Questions

Q1: Do the buyers need to pay the unpaid property management fees for foreclosed properties?

Check the announcement. The announcement clearly states that if the bidder is responsible for the payment, the auction shall be deemed as acceptance and the bidder shall bear the responsibility himself; if it is not specified, the original owner shall bear the responsibility in principle, and the bidder may refuse to pay the outstanding fees.

Q2: The announcement didn't mention any unpaid fees. Can the property management company come after me for it?

The property management company may request the buyer to provide the basis for the claim. Since the property management fees are the original owner's debts and were not disclosed in the announcement, the property management company may argue that the buyer's claim lacks a legal basis. The property management company may guide the buyer to claim against the original owner and, if necessary, confirm the claim through litigation.

Q3: Can the property management company cut off water and electricity supplies to urge residents to pay their fees?

No. Urging the payment of property fees by cutting off water and electricity supplies or suspending the use of elevators violates the rights and interests of owners. Owners can file a complaint with the competent department or initiate legal proceedings to demand the resumption of services and compensation for losses.

Q4: How to check for unpaid fees before bidding?

Thoroughly read the auction announcement and property investigation materials, and verify the amount and duration of the arrears with the property, heating, water supply, and electricity supply units on-site. After including the arrears in the cost, decide on the auction price.

Q5: What should I do if I've already completed the property transfer but am still being asked to pay fees?

First, check whether the announcement stipulates that the buyer shall bear the responsibility. If it does not stipulate this, you can refuse to pay and require the property management company to distinguish between the unpaid fees owed by the original owner and the fees that you should pay. If no agreement can be reached through negotiation, the matter can be resolved through litigation to avoid a long-term stalemate that affects normal living conditions.

The above content is based on the judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Law Firm for specific cases.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the necessary evidence, in order to avoid missing the statutory time limits.Legal services for real estate transactions·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.