In terms of property, new house developers must sign a property service contract before handing over the house, otherwise they will not give the key. . . Is this compulsory contract legally binding?

You can apply for cancellation. Housing delivery is the developer's obligation to fulfill the commercial housing sales contract, and turnkey is the developer's obligation. Property service contract is a property service contract concluded between the owner and the property management company, which restricts the payment of property fees. So, the two have nothing to do. According to the law, a contract signed against the true meaning can apply for cancellation.

Legal analysis

There are many disputes during the delivery of commercial housing. Developers use their dominant position to strongly demand that owners must sign property management contracts or pay property fees first, otherwise they can't get the keys, which is a common means for developers. However, according to the provisions of the Civil Law, owners and housing developers form commercial housing sales contracts. Once the contract comes into effect, it is the responsibility and obligation of both parties that the buyers complete the payment and the developers hand over the house. Property management contract is a contract signed by the owner and the residential property management company after the delivery of the house. In this way, the signature subject is different. There is no basis for housing developers to sign property management contracts first. In addition, according to the provisions of the Civil Code, if one party or a third party coerces the other party to carry out a civil legal act against its true meaning, the coerced party has the right to request the people's court or an arbitration institution to revoke it. Not signing a property service contract and not giving the house keys is a compulsory act, and you can apply to the people's court or an arbitration institution for cancellation.

legal ground

People's Republic of China (PRC) Civil Code

Article 150 If one party or a third party coerces the other party to carry out a civil legal act against its true meaning, the coerced party has the right to request the people's court or an arbitration institution to cancel it.

Article 937 A realty service contract is a contract in which a realty service provider provides realty services such as maintenance of buildings and their ancillary facilities, management and maintenance of environmental sanitation and related order within the realty service area to the owner, and the owner pays the realty fee. Property service providers include property service enterprises and other managers.