Alteration of property service contract

After the property management enterprise takes over the property, due to other requirements of the owner or changes in the environment, some contents may no longer be in line with reality. At this point, the property management enterprise should negotiate with the owners' committee to modify the entrusted service contract in time.

(1) Characteristics of changes in property service contracts.

(1) negotiation consistency. That is, the modification of the contract must be agreed by both parties through consultation, and a new agreement must be reached on the basis of the original contract.

② Local variability. That is, the change of the entrusted service contract can only be a partial modification and supplement to the original contract.

③ Relative extinction. The change of the contract inevitably means the emergence of new content, and its performance can no longer be carried out in accordance with the original contract, but should be carried out in accordance with the changed rights and obligations.

(2) Elements of property service contract change. To constitute a change in the entrusted management contract, the following formal requirements must also be met.

(1) Existing contractual relationship basis. The change of the contract must be based on the existing contract, otherwise the change problem will not happen.

(2) There is a legal basis or the agreement of the parties. The alteration of the realty service contract can be produced according to law or through consultation between the parties.

(3) The change of the contract has legal form. It should conform to the law in form and substance.

(4) The immaterial clauses have changed. Non-substantive terms refer to the contract terms that will not lead to the disintegration of the original contract relationship and create a new contract relationship, that is, other terms except the subject matter of the contract.

(three) the effectiveness of the change of the property service contract.

The parties to a realty service contract shall clearly stipulate the contents of the contract change. If the content of the change is not clear, it can be presumed to be unchanged according to law. Once the entrusted service contract is changed, the parties shall perform the contract according to the changed contents, and any party who violates the changed contents of the contract shall constitute a breach of contract. If the change of the contract causes damage to one party, the other party shall bear the corresponding liability for compensation.