What is factual service?

Fact service is the fact that there is no effective contractual relationship between the property service enterprise and the owner, but the property service enterprise provides services and the owner accepts services.

Fact service, strictly speaking, is an objective "illegal" state. Factual service is different from compulsory service and should be understood objectively and taken seriously.

1. The property management company shall prove that it has provided services to the owners.

2. The property management company shall prove that it has informed the owner of the relevant facts.

3. The owner decides to dismiss the realty service enterprise without the same decision, and terminates the factual service status without the same decision after being notified by the realty service enterprise.

With the above three conditions, it can be concluded that the property service enterprise provides factual services.

Measures of Beijing Municipality on Property Management

Twenty-sixth property services companies did not sign a written property services contract with the owners, but in fact provided property services and fulfilled the obligation to inform, the property services companies have the right to require the owners to fulfill the relevant obligations.

If the owner * * * agrees not to accept the property service, the property service enterprise shall not forcibly provide the property service, and shall not charge the owner the property service fee on the grounds of factual service. If a realty service enterprise decides not to provide realty service, it shall inform the owner three months in advance.

Judicial interpretation of the Supreme Court

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 premises and related facilities, as well as the relevant materials required 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.

Opinions of Beijing Higher People's Court on Trial of Property Management Disputes

24. If the property management enterprise and the owners' committee have not signed a written property service contract, but the owners have actually accepted the property service, the property management enterprise may require the owners to pay the corresponding property service fee.

If the two parties have not agreed on the charging standards for property services, the court may refer to the charging standards set by the government or similar charging standards for property services to determine the property service fees that should be paid.