Should the property be undertaken?

The car parked in the community was rubbed by someone else's car, and the property was mainly responsible. The realty service enterprise shall assist in the safety work within the realty management area. When a safety accident occurs, the realty service enterprise shall, while taking emergency measures, report to the relevant administrative departments in time to assist in the rescue work. The realty service enterprise shall abide by the relevant provisions of the state when hiring security personnel.

Legal analysis

According to the relevant regulations, if the realty service enterprise fails to perform or fails to fully perform the maintenance, conservation, management and repair obligations agreed in the realty service contract or determined by laws, regulations and relevant industry norms, and the owner requests the realty service enterprise to bear the liabilities for breach of contract such as continuing to perform, taking remedial measures or compensating for losses, the people's court shall support it. The service promises made publicly by the realty service enterprise and the service rules formulated shall be regarded as part of the realty service contract. Whether the car is liable for being rubbed by the property in the community depends on whether the owner has a contract with the property. If there is an agreement with the property, it is necessary to clarify what obligations the property undertakes to the vehicle. If the property assumes the custody obligation, the nature of the charge is the custody fee, so the property is liable. If the contract stipulates that the property only provides parking lot lease and does not assume the obligation to keep the vehicle, then the vehicle will not be responsible for the collision with the property. If there is no contract agreement or the agreement is not clear, it shall be combined with other circumstances. In addition, it depends on whether the two parties are at fault, such as whether the owner stops at the designated location.

legal ground

Article 34 of the Regulations on Property Management shall conclude a written property service contract with the property 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.

Article 35 A 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.