Property is useless for the performance of the contract.

I. What if the contracted property company fails to perform the contract?

According to the relevant laws and regulations of our country, the signed property company fails to perform the contract, and if one party fails to perform its contractual obligations or fails to perform its contractual obligations, it shall bear the liabilities for breach of contract such as continuing to perform, taking remedial measures or compensating for losses. The other party may require it to bear the liability for breach of contract before the expiration of the performance period.

Second, what is the principle of compensation for breach of contract?

1, the principle of imputation of contract liability is based on strict liability, supplemented by fault liability.

Article 577 of China's General Principles of Civil Law stipulates: "If a party fails to perform its contractual obligations or fails to perform its contractual obligations, it shall bear the liabilities for breach of contract such as continuing to perform, taking remedial measures or compensating for losses". According to this regulation, during the performance of the contract, if the parties fail to perform the contract or perform the contract improperly, they shall bear the liability for breach of contract regardless of whether the parties are at fault or not. Unless, of course, legally exempted from liability. According to the imputation principle of strict liability, damage compensation takes the fact of damage, the fact of damage and the existence of a considerable causal relationship between breach of contract as the elements, regardless of the subjective intention or negligence of the breaching party.

2. The principle of full compensation for losses and restitution.

Article 584 of the Civil Code stipulates that "if one party fails to perform its contractual obligations or fails to perform its contractual obligations as agreed, thus causing damage to the other party, the amount of compensation for the losses 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". According to the provisions of this article, the amount of damages should be equivalent to the actual breach of contract losses, including direct losses and indirect losses, and indirect losses should be judged on the basis of foreseeable rules. The basic nature and purpose of damages determine the compensatory nature of compensation for breach of contract. Under normal circumstances, the victim can claim the benefits that can be obtained from the performance of the contract, thus making him in the promised state of performing the contract; The injured party may also claim compensation for the expenses paid for the performance, so as to restore the state before the conclusion of the contract. In judicial practice, the court's decision is not based on the punishment of the defaulting party, but on the compensation of the injured party.

3. The principle of predictability of loss due to breach of contract.

Predictability rule is an important rule to determine the scope of compensation for breach of contract. Based on the principle of fairness in civil law, it uses the predictability rule to appropriately limit the scope of damages, so as to avoid the contract risk being completely borne by the breaching party. The constitutive elements of the foreseeing rule in China's civil code: first, the subject of foreseeing is the defaulter, not the non-defaulter; Second, the foreseeable time is when the contract is concluded, not when it is breached; Third, the foreseeable content is the loss of breach of contract that should be foreseen when concluding a contract, and the unforeseeable loss is not included in the scope of compensation.

3. What are the characteristics of the property service contract?

1. The property service contract is a civil contract based on equality and voluntariness. Traditionally, the property service contract is also called the property management contract, but it is essentially different from the administrative contract signed by the administrative organ with the relevant units to realize the administrative authority.

2. Property service contract is a special entrustment contract. The property service contract is based on the entrustment of the owners' congress and the owners' committee, but it is different from the general entrustment contract. According to the regulations, "the entrustment contract is a contract in which the principal and the trustee agree that the trustee will handle the principal's affairs." The entrustment contract is based on mutual trust. Either party to the entrustment contract loses trust in the other party and can terminate the entrustment relationship at any time. During the performance of the realty service contract, the realty company, the owners, the owners' assembly and the owners' committee are not allowed to terminate the realty service contract without authorization on the grounds of distrust, and the realty service contract can be terminated according to law only if the termination conditions stipulated by law or agreed in the contract are met. In addition, the entrustment contract can be paid, unpaid, oral and written, but the property service contract can only be written and paid.

3. Property service contract is a contract with labor as the subject matter. The obligation of the realty service enterprise is to provide labor services such as house maintenance, equipment maintenance, public security, sanitation, landscaping, etc. as agreed in the contract. Property service enterprises have the right to receive remuneration after completing the agreed obligations. There are also essential differences between property service contracts and contracts involving the provision of labor services. A contract is a contract in which the contractor completes the work according to the requirements of the customizer, delivers the work results, and the customizer pays the remuneration. Although the contract also involves the provision of labor services, the labor services provided by the contractor are only means, not the purpose of the contract. The contractor should use his services to produce some materialized results and bear the risks in his work. If the contractor fails to complete the work, he shall not ask for remuneration. Property service contracts take specific services as their content. As long as the realty service enterprise completes the agreed service behavior, the remaining risks shall be borne by the owner.

4. Property service contracts are agreed contracts, paid contracts, bilateral contracts and compulsory contracts. The owners' committee and the realty service enterprise reach an agreement on the terms of the contract to establish the realty service contract, without taking the actual delivery of the property as an important element. The realty service enterprise is a profit-making enterprise legal person who obtains a business license, participates in market competition, operates independently and is responsible for its own profits and losses. There is no free property service, so the property service contract is a paid contract. According to the content of the realty service contract, the owners, owners' congress, owners' committee and realty service enterprise all enjoy the rights and perform their obligations, so the realty service contract is a two-way contract. The comprehensive service scope of the property service contract is wide, the interests are significant, and the performance period of the contract is relatively long. In order to avoid the weakness that oral contracts are difficult to obtain evidence, the property management regulations clearly require that property service contracts should be concluded in written form and reported to the property management administrative department for the record, so they are necessary contracts.

If the signed property company fails to perform the contract, the owner may require the property company to bear the liability for breach of contract according to the property contract.