Who are the parties to the prophase realty service contract? Why didn't the two sides sign the subsequent property service contract?

Who are the parties to the prophase realty service contract? Why not a later property service contract? The parties to the preliminary property contract are the developer and the property company.

When was the previous property contract signed? Before the pre-sale of commercial housing, and the signing of the preliminary property contract is a prerequisite for the pre-sale permit. The purpose is: the developer should ensure that the owners have qualified property services when they move in. At this time, the house has not yet started to sell! Where did the master come from?

According to the questioner's imagination, it is necessary: the developer sells the house first, and when all the owners have moved in, everyone sits down and chooses a property company. Then the problem is coming. This process takes about 1-2 years. Who will provide property services to the owners in this 1-2 year?

Who are the parties to the prophase realty service contract? Is there an owner? The prophase realty service contract is signed by the construction unit and the realty service enterprise. When the owner moves in, he should also re-sign the contract with the property service enterprise. Therefore, the owner is also a party to the previous property service contract.

When did the previous property service contract terminate? Hello! Once the owners' meeting is established or all owners select a new property service enterprise to replace the property service enterprise designated by the developer, the previous property service contract will be terminated from the date when the contract signed between the owners and the selected property service enterprise takes effect, and the future property service will be taken over by the property service enterprise selected by the owners' committee. Thanks for reading!

What is the pre-property service contract or pre-property service agreement signed with the owner? This is usually signed with the developer, and then the owner is called to sign when the house is closed.

The validity period of the prophase realty service contract is based on Article 29 of the Property Management Regulations. The agreements signed between the owner and the property are all preliminary property service contracts, and the longest validity period of the contract is no more than 3 years.

Do you need an owner's visa for the preliminary property service contract? 1. The preliminary property entrustment contract is a contract signed between the developer and the property management company. Entrust the property company to provide services for the pre-property, and at the same time, the property company shall sign a property management entrustment contract with the owner. Although the contract is signed by a real estate company and a property management company, it is equally binding on the owners and has no difference in legal effect. This has been clearly defined in property management laws and regulations. Therefore, if the owner does not pay the management fee, the property company can sue accordingly.

2. If the owner refuses to pay the upfront property fee, the basis for prosecution is as follows:

1, the property management service contract signed with the owner (not from the contract. It is also a violation of contract law)

2. Property management regulations Article 42 The owner shall pay the property service fee in accordance with the provisions of the property service contract. If the owner and the user of the property agree that the user of the property shall pay the property service fee, the owner shall bear joint and several liability from the agreement.

Where can I download the preliminary property service contract in Shanghai? Shanghai Housing Security and Housing Authority official website can download it. It's version 06.

Do you need to negotiate with the owner for the preliminary property service contract? The preliminary realty service contract is generally signed by the developer and the preliminary realty service enterprise, without consultation with the owner.

If there is no industry Committee, generally speaking, the previous property service contract can only be extended.

Who has a model property management service contract (model text)?

Chapter I General Provisions

Chapter II Entrusted Management Services

Chapter III Service Term of Entrusted Management

Chapter IV Rights and Obligations of Party A and Party B

The fifth chapter property management service quality standards

Chapter VI Property Management Service Fees

Chapter VII Liability for Breach of Contract

Chapter VIII Supplementary Provisions

Client (hereinafter referred to as Party A):

Name:

Legal representative:

Place of registration:

See Legal Practice of Real Estate Development and Management, edited by Chen Wen, Law Press, 2005. Domicile:

Postal code:

Contact telephone number:

Trustee (hereinafter referred to as Party B):

Name:

Legal representative:

Place of registration:

Domicile:

Postal code:

Contact telephone number:

Party A and Party B, in accordance with the provisions of relevant laws and regulations and on the basis of voluntariness, equality and consensus, reach an agreement on matters related to property management entrusted by Party A to Party B, and hereby conclude this contract. Chapter I General Provisions Article 1 Basic information of the property

Attribute name:

Attribute type:

Location: (City) District

Four knowledge: southeast and northwest.

Floor space: square meters

Building area: square meters

The composition of the entrusted property is detailed in Annex I to the Contract. Article 2 The beneficiaries of the services provided by Party B are all owners and users of the property. Article 3 Party B shall participate in the completion acceptance of the property, and handle the written handover procedures of property management with Party A at the time of property handover. Article 4 The quality responsibility of this property after delivery shall be borne in accordance with the national Regulations on Quality Management of Construction Projects and Measures for Quality Warranty of Housing Construction Projects and other relevant laws and regulations. Chapter II Entrusted Management Services

Party B accepts the entrustment of Party A to provide the following property management services: Article 5 Maintenance, conservation and management of building parts, including: floors, roofs, external walls, load-bearing structures, staircases, corridors and hallways; Article 6 Maintenance, maintenance, operation and management of * * * facilities and equipment, including: sewer pipes, downpipes, garbage channels, chimneys, * * * lighting antennas, central air conditioners, heating trunk lines, heating boiler rooms, high-pressure pump rooms, building fire-fighting facilities and equipment, elevators, central monitoring equipment and building lightning protection facilities; Article 7 Maintenance, conservation and management of affiliated buildings and structures, including roads, outdoor water pipes, septic tanks, ditches, pools, wells, bicycle sheds, parking lots, etc. Eighth * * * green space, flowers and trees maintenance and management; Ninth ancillary buildings and facilities maintenance, conservation and management, including commercial outlets, cultural, sports and entertainment venues.

Institute; Article 10 Public environmental sanitation includes the cleaning of public places and houses, and the collection and cleaning of garbage.

Transportation; Eleventh traffic and parking order management;

If the owner parks the vehicle in a public place in the property management area, the parking person shall sign a special contract with Party B and bear various responsibilities and obligations in accordance with the provisions of the special contract. Twelfth maintenance of public order, including public security monitoring, patrol, past duty, etc.; The matters agreed in the preceding paragraph do not include the owner's personal and property insurance and property custody responsibilities. Where Party B and the owner separately sign a special contract for personal and property insurance and property storage, they shall bear various responsibilities and obligations as stipulated in the special contract. Thirteenth management related to the property engineering drawings, residential user files and completion acceptance data; Fourteenth to assist the organization to carry out cultural and recreational activities in the property management area; Article 15 Where the owner and the property user entrust the maintenance of the self-management part and self-use facilities and equipment of the house, Party B shall accept the entrustment in principle, and the specific charging matters shall be negotiated separately by both parties according to the charging standards formulated and published by Party B; Sixteenth of the owners and property users in violation of the owners' temporary convention or property use norms, according to the specific behavior and the seriousness of the case, take measures such as reporting, persuasion, stop; Seventeenth other entrusted matters:

1.；

2.；

3. Chapter III Service Term of Entrusted Management Article 18 The entrusted period of property management agreed in this contract is tentatively set as years, from the effective date of this contract to the date of. After the expiration of this contract, if the contract needs to be renewed, both parties shall sign another written contract. Article 19 When the term of this contract expires or the property management service contract signed by the owners' committee and the property management company selected by the owners' congress comes into effect, this contract will naturally terminate. Chapter iv rights and obligations of party a and party b article 20 rights and obligations of party a

1. Before the property is sold, a temporary owners' convention shall be formulated, and relevant matters such as the use, maintenance and management of the property, the interests of the owners, the obligations that the owners should perform, and the responsibilities that they should bear in violation of the convention shall be stipulated according to law.

2. Before the property is sold, the temporary owners' convention shall be clearly stated to the property buyer, and the property buyer shall be required to make a written commitment to abide by the temporary owners' convention when concluding the property sales contract.

3. When the house is completed and delivered for use, it is responsible for providing the house buyer with a house quality guarantee and a house instruction manual.

4. Examine and approve the property management plan drawn up by Party B, and issue written examination and approval opinions within days after Party B submits the above property management plan.

5. Inspect and supervise the implementation of Party B's management work and system, and conduct annual assessment; And report the management situation to the property management department for the record.

6. Within days from the date when Party B submits the above materials, examine and approve the annual plan, financial budget and final report of property management service proposed by Party B, and issue written examination opinions.

7. Ensure that the house, facilities and equipment entrusted to Party B meet the national acceptance standards and requirements. Within the scope of warranty responsibility, if there are any quality problems, the following methods shall be adopted:

(1) Party A is responsible for the maintenance;

(2) Entrust Party B for maintenance, and all expenses shall be borne by Party A;

(3) .

8. Within days from the effective date of this contract, Party B shall provide business premises (non-residential premises), which shall be rented by Party B at the price of RMB per square meter per month, and the rental income shall only be used for.

9. Within days from the effective date of this contract, Party B shall provide the property management room with a building area of square meters for Party B to use in the following ways:

(1) Free use;

(2) According to the construction area of RMB per square meter per month, the rental income is only used for.

10. Be responsible for handing over the following materials to Party B during the handover and acceptance of property management:

(1) Completion acceptance data such as completion general plan, completion drawings of single buildings, structures and equipment, completion drawings of ancillary facilities and underground pipe network projects;

(two) technical information on the installation, use and maintenance of equipment and facilities;

(3) Property quality warranty documents and property use instruction documents;

(four) other materials required for property management.

1 1. In order to meet the property management service requirements agreed in this contract, the property management service fee shall be paid by the owner and the property user according to the regulations, and the insufficient part shall be borne by Party A. ..

12. Coordinate the management issues left before the contract comes into effect, including but not limited to the following matters:

( 1) ;

(2) .

13. Assist Party B in property management, publicity, education and cultural activities.

14. Pay the property management service fee of vacant houses in time; Provide special funds for property maintenance according to law.

15. Party A has the right to designate a professional audit institution to audit the income and expenditure of the property management service fee agreed in this contract.

16 ... Article 21 Rights and obligations of Party B

1. Formulate the property management plan according to the relevant laws and regulations and the stipulations of this contract; Independently carry out property management service activities.

2. Provide suggestions on management and rectification for project design and construction.

3. Equipped with staff to participate in the commissioning, acceptance and handover of * * * second-hand parts and * * * second-hand facilities and equipment in the property management area.

4 of the owners and property users in violation of laws and regulations, report to the relevant departments.

5. According to the agreement of this contract, stop and deal with the behavior of the owner and the property user in violation of the temporary convention of the owner or the property use code and relevant management regulations.

6. The special service business in the property management area can be entrusted to professional enterprises, but not all the property management in this area can be entrusted to a third party. Where Party B entrusts the special service business within the property management area to a professional enterprise, the relevant property management responsibilities shall still be borne by Party B to Party A, the owners and the property users.

7 responsible for the preparation of the annual maintenance plan of the house and its affiliated buildings, structures, facilities, equipment, greening, etc. As well as the overhaul, intermediate repair, renovation plan after the expiration of the warranty period, Party B shall organize the implementation after both parties agree.

8. Inform the owner and the user of the property about the use of the property. When the owner and the user of the property decorate the property, they shall inform the relevant precautions and prohibited acts, conclude a written agreement with the owner and the user of the property, and be responsible for supervision.

9. Be responsible for preparing the annual management plan, fund use plan and final accounts report of property management, and submit the above plans and reports to Party A in some way at the latest before the month of each year; Organize the implementation after being approved by Party A. ..

10. Be responsible for publishing the income and expenditure accounts of property management service fees to all owners and property users once a month; The charging items and standards of property management services and the charging items and standards for providing special services for owners and property users will be publicized in the property management area in written form.

1 1. Do not occupy or change the public facilities of this property without authorization. If it is necessary to modify, expand or improve the supporting works of the property, it must be negotiated with Party A and reported to the relevant departments for approval before implementation; Do not change the use of all parts of the house without authorization.

12. Do not engage in business activities other than property services within the property management area without authorization; In handling property management affairs, the legitimate rights and interests of owners and property users shall not be infringed.

13. Establish, properly keep and correctly use the management files of this property, and be responsible for recording relevant changes in time.

14. Upon the termination of this contract, Party B must hand over all the commercial premises, management premises and all the property management files provided by Party A to Party A within days from the date of termination of this contract.

15. Accept the supervision of the owner, the user of the property, Party A and the property management department, constantly improve the property management service, and report the performance of this contract to Party A in writing on a regular basis.

16 ... Chapter V Quality Standards for Property Management Services Article 22 Party B shall complete the property management matters agreed in this contract according to the following standards:

1. House appearance: intact and tidy; Organize and implement external wall cleaning times every year (the expenses shall be borne by the owner); * * * Interior walls, corridors, stairs, etc. Are painted every year; The public security door is refreshed every year;

2. Equipment operation: the elevator runs according to the specified time; Daily inspection of pumps, generators and other equipment;

3. Repair and maintenance of houses, facilities and equipment: roofs and houses will be repaired if there is leakage;

4. Public environment: roads: indoor and outdoor drainage; Clean the manhole once;

5. Cleanliness:

(1) The public * * * site shall be cleaned regularly every day;

(2) The elevator should be cleaned and cleaned every day;

(3) Organize and implement septic tank cleaning on a regular basis (the expenses shall be borne by the owner);

(4).

6. Greening: The intact rate of green space is over 90%.

7. Traffic order: the indoor (outdoor) parking lot is kept for one hour every day;

8. Security: the hourly security system is implemented, with 10 posts, which are on duty by turns every hour;

9. Urgent repair: the water stop shall not exceed hours; The power outage time shall not exceed hours; Sewers and manholes were blocked within hours; Minor repair: start work within the repair reporting time;

10. The satisfaction rate of the owners and property users to Party B reaches%.

See Annex II of this Contract for details of the above-mentioned quality standards of property management services. Chapter VI Property Management Service Fees Article 23 Property Management Service Fees

1. The management service fee of this property shall be implemented in accordance with the provisions of the state and Beijing Municipality on property management service fees.

2. The property management service fee shall be paid by the owner to Party B according to the building area of the house, with a monthly fee of RMB per square meter; Non-residential houses shall be paid to Party B by the owner per square meter of construction area every month. The property management fee includes the following expenses:

3. This property management service fee is paid once every [month]/[quarter]/[half a year], and the time for each payment is.

4. The property management service fee for vacant houses shall be paid to Party B at the rate of RMB yuan per square meter per month for Party B's own construction area.

5. The adjustment of this property management service fee standard shall be subject to the adjustment.

6. If the owner rents out the property he owns, the property management service fee he should bear shall be paid by the owner. Where there are other agreements between the owner and the lessee, such agreements shall prevail. However, the Owner shall send this Agreement to Party B for filing, and shall be jointly and severally liable for the payment of the property management service fee.

7. When the owner transfers the property, he must pay the property management service fee that the owner should bear before the transfer.

8. Facilities and equipment operation and energy consumption expenses that are not included in the property management service fee shall be shared according to the actual consumption of residents in the [building]/[property].

9 owners and property users who pay property management service fees overdue shall be dealt with in the following ways:

(1) Pay RMB late fee every day from the overdue date;

(2) From the overdue date, pay one ten thousandth of the property management service fee as a late fee every day;

(3). Article 24 The parking fee shall not be higher than the current standard stipulated by the authorized department, and the parking users shall pay Party B according to the following standards:

1. Outdoor parking space: RMB yuan per day, RMB yuan per month and RMB yuan per year;

2. Garage: RMB per day, RMB per month and RMB per year;

3. Motorcycle: RMB per day, RMB per month and RMB per year;

4. Bicycle: RMB per day, RMB per month and RMB per year;

5 .. Article 25 Entrusted by the owner and the property user, the expenses for Party B's self-use parts and equipment maintenance and other special services shall be agreed by both parties. Article 26 Other service items and charging standards provided by Party B to owners and property users are as follows:

1.；

2.；

3 .. Article 27 Maintenance costs for * * * parts of the house, * * facilities, equipment and public * * * sites:

1. During the warranty period, Party A shall bear the repair and maintenance expenses of the houses, facilities, equipment and public places within the warranty scope.

2. The repair and maintenance expenses beyond the warranty scope shall be borne by the owner according to his share of ownership.

3. After the warranty period expires, the expenses for overhaul, medium repair, renewal and transformation of the parts, facilities and equipment used in the property shall be paid in the special fund for property maintenance. Chapter VII Liability for Breach of Contract Article 28 Where Party A violates the provisions of Article 20 of this Contract, resulting in Party B failing to achieve the agreed management objectives, Party B has the right to ask Party A to solve the problem within a certain period of time. If the problem is not solved within the time limit, Party B has the right to terminate the contract. If Party A's breach of contract causes economic losses to Party B, Party A shall compensate Party B financially. Article 29 If Party B violates the agreement in Chapter V of this contract and fails to achieve the agreed management objectives, Party A has the right to require Party B to make rectification within a time limit and reach the standards agreed in this contract; Party A has the right to terminate this contract if it fails to make rectification within the time limit or the rectification fails to meet the stipulations of this contract; If Party B's breach of contract causes economic losses to Party A, Party B shall compensate Party A for the economic losses. Article 30 If Party B violates the agreement in Chapter VI of this contract and raises the charging standard without authorization, Party A has the right to urge and demand Party B to refund the charged fees, return the interest and pay the liquidated damages according to the standard; Where economic losses are caused to Party A from this, Party B shall compensate Party A for the economic losses. Article 31 Either Party A or Party B shall not terminate this contract in advance without justifiable reasons, otherwise it shall pay RMB to the other party as liquidated damages. Therefore, if the economic losses caused to the other party exceed the liquidated damages, it shall also compensate for the excess. Article 32 If the building quality, equipment and facilities quality or installation technology fail to meet the use function, resulting in a major accident, Party A shall bear the responsibility and deal with the aftermath. If a major accident is caused by Party B's mismanagement or improper operation, Party B shall bear the responsibility and be responsible for the aftermath. The direct cause of the quality accident shall be subject to the appraisal of the relevant competent department. Article 33 If either Party A or Party B obtains the right to operate by unfair competition, or causes the other party to lose the right to operate, or thus causes economic losses to the other party, the party that caused the damage shall bear all the responsibilities. Article 34 If this contract is terminated prematurely due to one party's breach of contract, the party proposing to terminate this contract shall notify the other party in time, and this contract shall be terminated immediately after the above written notice is delivered to the other party. Article 35 Upon the expiration or early termination of this contract, both parties shall complete all property management handover procedures within days from the date of termination of this contract. Chapter VIII Supplementary Provisions Article 36 Within days from the effective date of this contract, the handover and acceptance procedures shall be handled according to the management matters entrusted by Party A ... Article 37 In order to safeguard the vital interests of the public, the owners and the users of the property, in case of unforeseen circumstances such as gas leakage; In case of electricity leakage, fire, water pipe rupture, saving people, assisting public security organs to perform tasks and other emergencies. If Party B takes emergency measures to avoid risks and causes necessary property losses to the owner, both parties shall handle it according to relevant laws and regulations. Article 38 Party A and Party B may supplement the terms of this contract through consultation and sign a written supplementary agreement, which has the same effect as this contract. Article 39 The annexes to this contract are an effective part of this contract. In this contract and its annexes, the words filled in the blank part have the same effect as the printed words. Article 40 Matters not covered in this Contract and its annexes and supplementary agreements shall be implemented in accordance with relevant laws, regulations and rules of People's Republic of China (PRC). Article 41 The original contract together with the attachment page is made in triplicate, one for each party and the property management administrative department (for the record), all of which have the same legal effect. Article 42 During the execution of this contract, if the contract cannot be performed due to force majeure, Party A and Party B shall negotiate and solve it in time according to relevant laws and regulations. Article 43 Any dispute between Party A and Party B during the performance of this contract shall be settled through friendly negotiation. If negotiation fails, Party A and Party B agree to solve the problem through the following methods:

(1) Submit to the Arbitration Commission for arbitration;

(2) bring a lawsuit to the people's court with jurisdiction according to law. Article 44 This contract shall come into force as of the effective date. Article 45 If the relevant contents agreed in this contract conflict with the current effective laws, regulations, rules and * * * documents, this agreement is invalid. During the performance of this contract, if the relevant national laws, regulations, rules and * * * documents change, the changed national laws, regulations, rules and * * * documents shall naturally be followed.

Signature of Party A: Signature of Party B:

Legal representative: legal representative

Authorized representative: authorized representative:

Date: Year Month Day Date: Year Month Day

Contract signing place:

Attachment:

I. Detailed composition of the property.

Second, the timber property management quality objectives

Three. Property management plan