Difference between property entrustment contract and property service contract

1. They deal with different subjects. Property service contract is that after the property management enterprise accepts the entrustment of the owner, it independently conducts business in its own independent name and bears the external legal consequences according to the service management matters agreed in the contract. The purpose of the entrustment contract is to handle the affairs of the principal. The so-called client's affairs generally refer to the affairs that the client has an interest and has to do in person without entrustment. 2. In the property management service business activities carried out by the property management company, the owners and the owners' committee only have the right of supervision, but have no right of interference and command. Property management companies have no loyal obligation to obey the instructions of owners and owners' committees. 3. The responsibilities of both parties are different. As stipulated in the realty service contract, both tort liability and breach of contract liability shall be borne by the parties respectively. In the entrustment contract, the legal consequences obtained by the trustee within the scope of the entrustment contract belong to the principal, so the entrustment contract shall be borne by the principal. 4. The contract forms are different. To form a property service contract, it is necessary to determine the property management company and sign a property management contract in accordance with the bidding method stipulated by property management laws and regulations, and generally require the use of property management demonstration texts. The relevant contents and performance of the final contract are subject to the supervision of urban construction, city appearance, neighborhood committees and other relevant organs. Entrustment contracts are agreed contracts and compulsory contracts. The establishment of an entrustment contract only requires the two parties to reach an agreement, and it is not necessary to deliver something or complete some behavior as an important element, and it is not necessary to follow a fixed form when concluding a contract. 5. There are great differences between the realty service contract and the entrustment contract in the contract term. Property management companies provide a systematic and professional service, which is long-term, continuous and repeated. If a property management contract is signed in a short period of time, it may be because the property management company pursues short-term effects and adopts inappropriate ways to engage in property management, which is not conducive to the long-term maintenance of property management facilities. In addition, due to the particularity of the property management relationship, one party of the property management shall not terminate the contract at any time like the party entrusting the contract. On the other hand, the entrustment contract is different from the affairs handled by the client, and it is often simple and short-lived. 6. The payment methods adopted in the two contracts are different. Property management contracts are generally paid contracts, while entrustment contracts can be paid contracts or free contracts. 7. The two are recognized in different ways. The property service contract is obtained after bidding, and the property manager generally needs to obtain a certain qualification certificate to become the target of bidding for the property management contract. The entrustment contract is generally based on the special trust of the principal to the trustee. , 1, contract classification of property service contracts According to the different properties, property service contracts can be divided into residential property service contracts and commercial property service contracts. According to the different stages of service provision, it can be divided into prophase realty service contract and realty service contract. The former refers to the contract signed by the construction unit and the property service enterprise it selected before the property sales, and the latter refers to the contract signed by the legally established owners' committee and the property company selected by the owners' congress when the property delivered by the construction unit reaches a certain amount. When the realty service contract signed by the owners' committee and the realty service enterprise takes effect, the prophase realty service contract is terminated. 2. The main construction unit of the property service contract is the development unit of the relevant property. According to the relevant laws and regulations, before selling the property, the construction unit should choose a property service enterprise with corresponding qualification grade to undertake the service activities within the property management area. When concluding a property sales contract with a property buyer, the construction unit shall incorporate the contents of the previous property service contract into the property sales contract. The owners' committee is elected by the owners' congress and is the executive body of the owners' congress. It represents the interests of the owners, implements autonomous management and safeguards the legitimate rights and interests of the owners. The owners' committee has been approved and registered by the relevant administrative organs of the government according to law and obtained legal qualifications. The owners' committee has the right to sign property service contracts with property service enterprises on behalf of the owners, and has the right to supervise the service level of the property service enterprises, the performance of the service contracts, the property management service charges and their use. Property service enterprise Property service enterprise refers to an enterprise that has obtained the qualification certificate and business license of the property service enterprise, accepted the entrustment of the owners or owners' congress, conducted professional management in accordance with the property service contract, and implemented paid services. Property service enterprises have the right to manage the property in accordance with the property management measures and property service contracts, collect management fees in accordance with the property service contracts, and may hire professional service companies to undertake special service business within the property management area, but may not entrust the overall service business to others. According to Article 938 of the Civil Law, the contents of a realty service contract generally include service items, service quality, service fee standards and collection methods, use of maintenance funds, management and use of service premises, service term and service handover. The public service commitment made by the property service provider in favor of the owner is an integral part of the property service contract. The realty service contract shall be in written form.

Legal objectivity:

property management regulations

Article 34

The owners' committee shall conclude a written realty service contract with the realty service enterprise selected by the owners' congress.

Property service contracts shall stipulate property management matters, service quality, service fees, rights and obligations of both parties, management and use of special maintenance funds, property management premises, contract term, liability for breach of contract, etc.

property management regulations

Article 35

The realty service enterprise shall provide corresponding services in accordance with the stipulations of the realty service contract.

The realty service enterprise fails to perform the realty service contract, causing personal and property safety damage to the owner, and shall bear corresponding legal responsibilities according to law.