Can I resort to arbitration in property litigation?

Disputes over property contracts can be arbitrated. When there is a contradiction and dispute in the property contract, the relevant evidence can be submitted to the arbitration department for arbitration. If an agreement can be reached, an arbitration agreement can be signed for appraisal. If no agreement can be reached, you can bring a lawsuit to the court.

1. Can property contract disputes be arbitrated?

Disputes over property contracts can be arbitrated. After a dispute occurs between the two parties, they may apply to an arbitration institution with management authority for arbitration to resolve the dispute according to the arbitration clause in the property management company or the arbitration agreement reached voluntarily after the dispute occurs. In addition, owners can negotiate with property management companies to resolve management disputes on a voluntary and equal basis in accordance with relevant laws and regulations, as well as the provisions of owners' conventions and property management contracts. The dispute can also be submitted to a third person, who will preside over the negotiation between the two parties and urge them to reach a mediation agreement on the basis of voluntariness and equality. General mediation can be divided into three types: civil mediation, administrative mediation and judicial mediation.

Two. Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Disputes.

Article 4

The people's court shall support the owners to violate the realty service contract or laws, regulations and management regulations and implement acts that hinder the realty service and management, and the realty service enterprise shall request the owners to bear corresponding civil liabilities such as restoring the original state, stopping the infringement and eliminating the obstruction.

Article 5

If a realty service enterprise violates the stipulations of the realty service contract or the provisions of laws, regulations and departmental rules and regulations, without authorization, expands the charging scope, raises the charging standard or charges repeatedly, and the owner raises a defense on the grounds of illegal charging, the people's court shall support it.

The people's court shall support the owners' request to the realty service enterprise to refund the illegal fees charged by them.

Article 6

If the owner refuses to pay the property fee without justifiable reasons or fails to pay the property fee within a reasonable period after being urged in writing, and the property service enterprise requests the owner to pay the property fee, the people's court shall support it. Property service enterprises have provided services in accordance with the contract and relevant regulations, and the people's court will not support the owners' defense on the grounds that they do not enjoy or need to accept relevant property services.

Article 7 If the owner and the lessee, borrower or other user of the property agree that the user of the property will pay the property fee, and the property service enterprise requests the owner to bear joint liability, the people's court shall support it.

Article 8 After the owners' congress has made a decision to dismiss the realty service enterprise, the people's court shall support the owners' committee's request to terminate the realty service contract.

Where a property service enterprise claims property fees from the owners' committee, the people's court shall inform it to claim rights from the owners who are in arrears with property fees.

Ninth after the termination of the rights and obligations of the realty service contract, the owners request the realty service enterprise to refund the property fees that have been received in advance but have not yet provided the realty service, and the people's court shall support it.

Property service enterprises require owners to pay the property fees in arrears, which shall be handled in accordance with the provisions.

Article 10

After the termination of the rights and obligations of the realty service contract, if the owners' committee requests the realty service enterprise to withdraw from the realty service area and hand over the realty service place and related facilities, as well as the relevant materials necessary for realty service and the special maintenance funds entrusted by it, the people's court shall support it.

After the termination of the rights and obligations of the property service contract, if the property service enterprise refuses to withdraw or hand over and requests the owner to pay the property fee on the grounds that there is a de facto property service relationship, the people's court will not support it.

Property contract disputes are also one of the ways to deal with contract disputes. Legally, contract disputes can generally be handled as civil disputes, so mediation and arbitration can be applied. But if no agreement can be reached, then we can only appeal to the court for judgment.