Breach clause in property service contract

Living in urban communities generally requires dealing with property. Then, how to stipulate the breach clause of the property contract? And what is the penalty for property contract? The following brings you the relevant content of how to stipulate the breach clause of property contract. Let's take a look. First, how to stipulate the default clause of the property contract?

(a) the way to bear the liability for breach of contract

If one party fails to perform the contractual obligations or fails to meet the contractual obligations, it shall be liable for breach of contract, such as continuing to perform, taking remedial measures or compensating for losses.

(2) the provisions of the liability for breach of contract

The liability for breach of contract can be stipulated in detail by both parties to the contract, and the liquidated damages for delayed delivery or payment of goods can be agreed. A general breach of contract clause can also be agreed: "If any party breaches this agreement, which makes it impossible to continue to perform this agreement, the breaching party shall compensate the observant party for the liquidated damages of RMB. If the liquidated damages are insufficient to compensate the observant party for its actual losses, the breaching party shall compensate the observant party for all the actual losses.

(3) the scope of damages

If one party fails to perform its contractual obligations or fails to perform its contractual obligations in conformity with the agreement, thus causing losses to the other party, the amount of compensation shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract, but shall not exceed the losses that the breaching party foresaw or should have foreseen when concluding the contract.

Operators who provide commodities or services to consumers are fraudulent shall be liable for damages in accordance with the provisions of the Law of People's Republic of China (PRC) on the Protection of Consumer Rights and Interests.

(4) liquidated damages

The parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the situation of breach of contract, and may also agree on the calculation method of the amount of compensation for breach of contract.

If the agreed liquidated damages are lower than the losses caused, the parties may request the people's court or arbitration institution to increase them; If the agreed liquidated damages are excessively higher than the losses caused, the parties may request the people's court or arbitration institution to reduce them appropriately. If the parties concerned pay liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.

It can be seen that when signing a sales contract, we should carefully check the terms of the contract, especially whether the breach clause is comprehensive. In the terms of breach of contract, the way of liability for breach of contract, the scope of compensation for breach of contract and liquidated damages should be clearly stated. Usually, the compensation standard for breach of contract is 20% of the contract amount. If it is too high, the court will not support the excess when there is a breach of contract dispute. If it is too low, it will not effectively restrain the merchants, so it is necessary to set a reasonable proportion of liquidated damages.

Second, what is the general penalty for property contract?

(1) The liquidated damages for property contracts are generally determined according to the actual losses. Property breach is a way that both parties can decide the specific liquidated damages or calculate the agreed liquidated damages when signing the property service contract. Liability for breach of contract means that when one party fails to perform its contractual obligations, the other party may require the defaulting party to bear certain liability for breach of contract. If there is no liquidated damages in the property contract, the specific liquidated damages can be determined according to the actual losses of the parties. The legal provision of liquidated damages in property contracts is that both parties can freely negotiate to determine the terms of property fees and liquidated damages. Whether the property fee is charged as liquidated damages can be decided by both parties themselves whether it needs to be written into the contract. The liquidated damages shall be determined by both parties through consultation, and the amount is not limited. Liquidated damages are generally determined according to the expected losses caused by one party's breach of contract.

(2) If one party breaches the contract, the agreed liquidated damages are "lower" than the actual losses, and the observant party requires the defaulting party to bear the liability for breach of contract, the observant party may bring a lawsuit to the court to request an increase in liquidated damages; If the agreed liquidated damages are "excessively" higher than the actual losses, the defaulting party may bring a lawsuit to the court to reduce the liquidated damages.

Third, what is the property contract fee?

(1) If the property service is defective, the property company has no right to require the owner to bear the liquidated damages for the property fee.

The liability to pay liquidated damages only applies to breach of contractual obligations, and only if the parties have agreed on liquidated damages in the contract or the law stipulates that there are liquidated damages. Based on the Pre-Property Management Contract, there is a clear agreement on liquidated damages. The property service is flawed, the property management is chaotic, and the house leaks seriously. Defective performance is the debtor's active incomplete performance, but it can be called positive debt violation because the debtor's performance is defective and damages the interests of creditors. If the defect can be corrected, the creditor has the right to refuse to accept it and ask for correction, and does not bear the responsibility for delaying acceptance.

It is required that both parties to the contract should fully perform the contract and fulfill their respective obligations in strict accordance with the contract requirements. The property contract requires the property company to fully perform the contract, but the property services provided by the property company are flawed, which leads to confusion in property management and serious water leakage in the house. It belongs to the incomplete performance of the contract, and there is no obligation to provide property services when collecting property fees. It is unreasonable to ask the owner to bear liquidated damages. Therefore, for defective property services, as a property company, it has no right to ask the owners to bear liquidated damages.

(2) After the property company provides defective property services, the owner shall bear part of the property fees.

The rights and obligations of property service enterprises are consistent and equal. Property service enterprises have the right to collect property service fees, and the obligation is to maintain and manage the order, hygiene and safety of residential areas, maintain and repair buildings, public facilities and greening, and provide other property services to owners in accordance with relevant regulations and contracts. Collecting property fees is not only a reward for fulfilling its obligations, but also an important source of income to ensure its normal operation. According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Disputes, "The preliminary property service contract signed by the construction unit and the property service enterprise according to law, and the property service contract signed by the owners' committee and the property service enterprise selected by the owners' congress according to law are binding on the owners, and the people's court will not support it if the owners raise a defense on the grounds that they are not parties to the contract", so it can be seen that there is a property service contract relationship between a single owner and the property service enterprise, and such contracts are individual and relative. At the same time, according to this kind of contract, the property service behaviors and obligations performed by the property service enterprises are also direct and concrete. The contract signed by the property enterprise and the owners is one-to-one, and the owners can put forward the defense reasons from the perspective of safeguarding private interests.