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低价买下法拍房后发现有两万余元物业欠款,谁来付?法院判了
Nan Fang Du Shi Bao· 2025-10-26 06:21
Core Viewpoint - The case highlights the legal complexities surrounding the responsibility for unpaid property management fees when purchasing judicial auction properties, emphasizing the need for buyers to be aware of potential liabilities associated with such transactions [1][4]. Group 1: Case Summary - In June 2022, a buyer named Wang acquired a property through judicial auction, only to discover that the previous owner, Zhou, owed over 21,000 yuan in property management fees [2]. - The property management company demanded payment from both Zhou and Wang, citing a clause in the auction announcement that stated the buyer would be responsible for any outstanding fees during the transfer process [2][3]. - The court ruled that Zhou was responsible for fees incurred before the property transfer, while Wang was liable for fees incurred after the transfer, leading to a judgment that required Zhou to pay 13,076.57 yuan in property service fees and Wang to pay 1,538.42 yuan for the period following the transfer [3]. Group 2: Legal Implications - The case underscores the principle of contractual obligations, where the original owner remains liable for debts incurred prior to the transfer of ownership, despite the auction process [3]. - The court's decision reflects a balance between the rights of the new owner and the obligations of the previous owner, reinforcing the notion that auction buyers should conduct thorough due diligence before participating in such transactions [4]. - The increasing popularity of judicial auction properties comes with inherent risks, including potential unpaid fees and existing liabilities, which buyers must consider carefully [4].
深圳1.14亿法拍房遭悔拍!475万保证金或“打水漂”
Nan Fang Du Shi Bao· 2025-06-25 04:37
Core Insights - A high-profile auction of a property in Shenzhen concluded at a staggering price of 114 million yuan, with a premium rate of 379.6% over the starting price [1][2] - The winning bidder, Qinghe County Qindai Cultural Media Co., Ltd., later defaulted on the purchase, leading to the forfeiture of a 4.75 million yuan deposit [1][5] Property Details - The property is a six-story office building located at Hongling Middle Road, Luohu District, with a total area of 3,332.78 square meters [2] - The starting price was set at 2.377 million yuan, with a market valuation of approximately 33.97 million yuan [2] - The final transaction price was about 3.42 million yuan per square meter, significantly higher than the starting price [2] Auction Dynamics - The auction attracted 34 bidders and involved 450 rounds of bidding, indicating intense competition [1][2] - The rapid increase in bids included one bidder raising the price by 21 million yuan within a minute [2] Legal and Financial Context - The property is linked to a case involving several companies, including Evergrande Group, with a total execution amount of approximately 653 million yuan [3] - The property is mortgaged to China Everbright Bank for a principal debt of 1.15 billion yuan, raising concerns about potential debt recovery risks for the new owner [4] Implications of Default - The default by the winning bidder means the deposit will not be refunded and will be used to cover auction-related costs and potential losses from a lower resale price [5][6] - The property is set for a second auction on July 24, starting again at the original price of 2.377 million yuan, but the market's response remains uncertain [7]
网拍房只有一个人出价能成交吗?
Sou Hu Cai Jing· 2025-06-19 07:26
Group 1 - The core idea is that in online court auctions, a property can be purchased even if only one bidder participates, as long as the bid meets or exceeds the starting price [1][3] - The court's goal in conducting online auctions is to sell properties to help creditors recover their funds, establishing clear rules for the auction process [3] Group 2 - Certain properties may attract fewer bidders due to specific issues, such as poor condition, inconvenient location, or complicated ownership, presenting potential opportunities for buyers willing to invest time and effort [5] - Properties with legal complications, such as unclear ownership or outstanding fees, may deter buyers but can lead to lower prices for those who are patient and resourceful [5] Group 3 - Bidders are advised to focus on second auctions, which typically offer greater discounts, with the second auction often starting at 56% of the assessed value if the first auction fails to attract buyers [7] - It is important for bidders to understand the auction rules, particularly regarding time extensions when bids are placed in the final minutes, allowing for strategic bidding [8] Group 4 - Potential risks include ownership disputes, outstanding fees, and property condition, which must be thoroughly investigated before participating in an auction to avoid future complications [10] - The article emphasizes the importance of understanding risks and conducting due diligence to ensure a successful purchase at a reasonable price [12]