What's the difference between the prophase realty service contract and the realty service contract?

When signing the purchase contract, the purchaser will sign the preliminary property service contract while Party A directly participates in the residential property management. So what is the prophase realty service contract? What's the difference between it and a property service contract?

concept

The prophase realty service contract refers to the agreement reached between the realty construction unit and the realty service enterprise on the rights and obligations of both parties in the prophase realty management stage, which is the basis for the realty service enterprise to be authorized to carry out realty management services. Article 21 of the Property Management Regulations stipulates: "Before the owners' meeting selects a property service enterprise, the construction unit shall sign a written preliminary property service contract. "The parties to the preliminary realty service contract not only involve the construction unit and the realty service enterprise, but also involve the owners.

In fact, real estate sales and owner occupancy are continuous processes. At this stage, it is unrealistic to require more than two-thirds of the owners with voting rights to vote to form the decision of the owners' meeting, and the property management service at this stage is necessary. Therefore, in order to avoid the vacuum of property management before the owners' meeting selects and hires property service enterprises, clarify the responsible subject of property management services in the early stage, and standardize the property management activities in the early stage, the Property Management Regulations clearly stipulate that the construction unit should select and hire property service enterprises in the early stage.

The connection between the previous property service contract and the property service contract

In order to solve the problem of the connection between the early realty service contract and the realty service contract, Article 26 of the Property Management Regulations stipulates that the early realty service contract may have an agreed time limit; However, if the realty service contract signed by the owners' committee and the realty service enterprise takes effect before the expiration of the term, the prophase realty service contract shall be terminated. According to the practice of property management, the preliminary property service contract is generally terminated under the following three circumstances:

(1) If the contract termination time stipulated in the previous realty service contract expires, the term of the previous realty management shall be the contract termination time stipulated in the previous realty service contract.

(2) If the contract term stipulated in the preliminary realty service contract is not full, and the owners' committee selects other realty service enterprises and signs realty service contracts, the deadline for the preliminary realty management is the starting time for locking the realty service contracts of other realty service enterprises.

(III) If the contract term stipulated in the preliminary realty service contract expires, the owners' committee has not been established, or the realty service enterprise has not been selected, the original realty service enterprise may stop management, or continue to sign the preliminary realty service contract with the developer and continue to manage the property. In the case of continuing management, the deadline for the previous property management is when the new property service contract takes effect.

The difference between prophase realty service contract and realty service contract.

(1) The contract signing entities are different. The prophase realty service contract is signed by the development and construction unit and the realty service enterprise, and confirmed in writing by the purchaser when purchasing the house. The realty service contract shall be discussed and decided by the owners' meeting, and signed by the owners' committee on behalf of the owners' meeting and the realty service enterprise.

(2) The starting and ending time of the contract is different. According to the Regulations of Tianjin Municipality on Property Management, the original property service contract will be terminated on the day when the new property service contract is signed by the owners' congress and the property service enterprise. The term of the realty service contract is generally not less than two years, and the specific time shall be determined by the owners' meeting and the realty service enterprise through consultation.

(The above answers were published on 2015-11-14. At present, please refer to the actual situation for the relevant purchase policy. )

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