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What are the main contents of the property contract?
1. Property management matters
The property management matters agreed by the owner and the property management enterprise in the property service contract refer to the specific content of the property management service that has been agreed upon by consensus when signing the contract. For the service items not agreed by both parties or the new items occurring during the performance, a supplementary agreement shall be signed separately after consultation.
2. Quality of property services
The agreement on the quality of property service is the agreement on the standard that each specific service should reach. Only the agreed property service items do not stipulate the quality of property service, or the agreed service quality is not clear, which will cause disputes in the performance of the contract. Therefore, the agreed service quality must be specific and meticulous. Owners and property management companies can refer to the Standard of Property Management Service Level for Ordinary Residential Quarters issued by China Property Management Institute, and determine the quality requirements of property services through consultation in combination with the specific conditions of property projects, property charging standards and property management projects.
3. Property service fee
First of all, it is necessary to clarify the charging form of property services, whether it is contract system or gratuity system, or other charging forms. Then, according to different charging forms, the charging standard, remuneration amount or charging proportion, payment time, payment method and settlement method are defined.
4. Rights and obligations of both parties
The rights and obligations of both parties generally refer to other rights and obligations that need to be agreed in addition to legal obligations. There are many agreements, such as the supervision methods of the owners' congress and the owners' committee on the service quality of property management enterprises; The right of property management enterprises to subcontract special services; Owners' obligation to abide by various management systems within the property management area; Property management companies have the obligation to publicize property service items, service standards and charging standards; Property management companies have the obligation to publicize and inform the public rules and regulations of the property management area; The obligation to stop the owner's illegal behavior and so on.
5. Management and use of special maintenance funds
The contract shall, on the basis of the provisions of the state, stipulate the specific contents such as the application for the use of special maintenance funds by property management enterprises, the audit procedures, and the supervision methods of the owners.
6. Property Management Office
Necessary housing for property management is a prerequisite for property management enterprises to carry out property services. The Regulations on Property Management clearly stipulates the distribution, use and ownership of property management houses. Both parties need to refine the relevant contents in the contract.
7. Contract terms
The term of the contract refers to the validity of the contract. Property service contract belongs to a contract that is performed within a long period of time, so the parties need to agree on the contract term. The term clause of the realty service contract shall be as clear and specific as possible, or the method of calculating the term shall be clearly specified.
8. Liability for breach of contract
The liability for breach of contract is very important for the performance of the contract, so the Contract Law and other relevant laws and regulations have detailed provisions on the liability for breach of contract. However, the legal provisions are relatively principled, so it is difficult to cover everything, and the property service contract also has its particularity. In order to ensure the special needs of the parties to the contract and the effective performance of the obligations under the property service contract, the parties shall make a specific agreement on the liability for breach of contract according to the principles stipulated by law and their own circumstances. For example, agree on the calculation method and compensation scope of damages for breach of contract.
9. Others
In addition to the above eight contents, the realty service contract shall also include other clauses agreed by both parties according to the needs of realty service, such as the conditions for the contract to take effect, the compensation for losses caused by the termination of the contract, the exemption clause, and the settlement of disputes over the performance of the contract.
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