What should I do if I want to do real estate?

In fact, you are talking about the property management service contract.

Shenzhen Property Management Contract (latest revision in 2007)

Both parties to this contract

Client (hereinafter referred to as Party A): Owners Management Committee/Real Estate Development Company.

Trustee (hereinafter referred to as Party B): property management company.

In accordance with the Economic Contract Law of the People's Republic of China, Measures for the Administration of New Urban Residential Areas (Order No.33 of the Ministry of Construction), Regulations on the Administration of Residential Areas in Shenzhen Special Economic Zone and Detailed Rules for the Implementation of the Regulations on the Administration of Residential Areas in Shenzhen Special Economic Zone and other relevant national and local laws, regulations and policies, on the basis of equality, voluntariness and consensus, Party A entrusts Party B to:

Article 1 Basic information of the property

Location:No. _ _ _ _ _ _ _

Floor space: _ _ _ _ _ _ square meters; Building area: _ _ _ _ _ _ square meters; Residential _ _ _ _ square meters;

Property type: _ _ _ _ _ _ (residential area or group, office building, commercial and residential building, industrial area, other/low-rise, high-rise, super-high-rise or mixed).

Article 2 Entrust management matters

(a) Maintenance, conservation and management of various parts of the building itself (external walls, stairwells, corridors, foyer, equipment room, etc.). );

(2) Maintenance, maintenance, management and operation services of facilities and equipment (sewer, downpipe, garbage chute, chimney, lighting, antenna, central air conditioner, heating trunk line, heating boiler room, pressurized water supply equipment, power distribution system, fire fighting facilities and equipment in buildings, elevators, reclaimed water system, etc.). ) for building construction;

(3) Maintenance and management of municipal public facilities (roads, outdoor water pipes, septic tanks, ditches, pools, wells, greening, outdoor pump rooms, street lamps, bicycle sheds, parking lots, etc.). ) within the red line of this property planning;

(four) the maintenance, conservation and management of supporting service facilities (tennis courts, swimming pools, commercial outlets, etc.). ) within the red line of this property planning;

(five) public environment (including public places, buildings and buildings) cleaning, garbage collection and removal;

(6) Driving and parking vehicles;

(seven) to cooperate with and assist the local public security organs to carry out security monitoring, inspection and other public security work (but not including the responsibility of keeping personal and property insurance);

(8) Community cultural and recreational activities;

(nine) property and property management files and materials;

(10) Other matters managed by the property management company as stipulated by laws and policies.

Article 3 Term of Contract

The term of this contract is _ _ _ _ years. From _ _ _ _ _ _ _ to _ _ _ _ _ _ _.

Article 4 Rights and obligations of Party A

(1) Negotiating with the property management company the annual management plan, annual expense budget and final accounts report;

(2) Supervise and inspect the management of Party B and conduct a comprehensive assessment every year. If Party B's mismanagement causes great economic losses or management mistakes, it has the right to terminate the contract after being confirmed by the property management department of the municipal government;

(3) Entrusting Party B to deal with the acts violating the laws, regulations and policies of property management and the owners' convention, including ordering to stop the illegal acts, demanding compensation for economic losses and paying liquidated damages, and taking measures to urge those responsible for failing to pay relevant fees without reason or refusing to correct the illegal acts;

(4) Within _ _ _ days from the effective date of this contract, Party A will provide Party B with _ _ _ square meters of business premises, which will be rented out by Party B at the rate of _ _ _ yuan per square meter per month, and the income will be used to subsidize the maintenance and management expenses of this property according to regulations and policies;

(5) Within _ _ _ _ days from the effective date of this contract, Party A shall provide Party B with _ _ _ square meters of management premises (including _ _ _ square meters of office premises, _ _ _ square meters of staff quarters and _ _ _ square meters of other premises) for Party B to use according to the following items:

1. Free use;

2. The rent is charged according to the standard of _ _ _ yuan per square meter of construction area per month.

(6) Party A shall provide Party B with all property and property management files and materials (project completion data, residential user data, etc.). ) Deliver the house within _ _ _ _ days from the effective date of this contract, and take it back when Party B's management expires;

(VII) Party B shall not interfere with Party B's management and business activities in accordance with the law or this contract;

(VIII) Handling all kinds of disputes not caused by Party B;

(IX) Assist Party B in property management, publicity, education and cultural activities;

(X) Other responsibilities assumed by Party A according to laws and regulations.

Article 5 Rights and Obligations of Party B

(1) According to relevant laws, regulations and policies and the stipulations of this contract, formulate various management measures, rules and regulations and detailed rules for the implementation of this property, and independently carry out various management and business activities without damaging the legitimate rights and interests of most owners (residents) and obtaining improper benefits.

(2) According to the national and local regulations on property management service charges, calculate the charging standard of property management service according to the service items, service contents and service depth of property management, and provide Party A with the calculation basis, and charge in strict accordance with the charging standard agreed in the contract, and shall not increase the price without authorization, and shall not only charge the fees for non-service or overcharge the fees for service.

(III) To be responsible for compiling the annual maintenance plan and major and medium repair plan of the house and ancillary facilities and equipment, which shall be organized and implemented by Party B after both parties agree.

(4) Have the right to deal with violations of the owners' convention and property management laws and policies according to laws and policies, this contract and the owners' convention;

(five) have the right to hire a franchise company to undertake special property management business and pay the fees, but shall not transfer the overall management responsibility and interests to other people or units, and shall not contract important special business to individuals;

(six) accept the supervision and guidance of the property management department and the relevant government departments, and accept the supervision of Party A and the owner;

(seven) at least every three months to all owners of a democratic publication of management fees revenue and expenditure accounts.

(eight) shall not occupy or change the public facilities of the property without authorization. If it is necessary to rebuild, expand and improve the supporting projects of the property, it must be reported to Party A and relevant departments for approval before implementation;

(nine) to establish the property management files of this property and be responsible for timely recording the relevant changes;

(ten) to carry out effective community cultural activities and convenient services;

(1 1) At the termination of this contract, Party B must hand over all the properties originally entrusted for management, various management files, financial materials and other materials to Party A; Public property transferred to this property, including assets accumulated by management fees and public income; Party A has the right to entrust a professional audit institution to conduct financial audit on the management and financial status of the house.

(12) It does not undertake the obligation to keep and insure the personal and property of the owner and non-owner users (unless otherwise agreed in the special contract).

Article 6 Management objectives

Party B shall formulate the "management sub-standard" of the property according to the management matters entrusted by Party A (working standards and assessment standards for various repairs, maintenance and management), which shall be taken as a necessary annex to this contract after consultation with Party A, and Party B promises to reach the management standard of _ _ _ _ _ within _ _ _ _ _ years after this contract comes into effect; Reach the management standard of _ _ _ _ within _ _ years, and obtain the certificate issued by the competent government department.

Article 7 Service fee management

(1) The management service fee of this property shall be charged according to the following _ _ _ method:

1. Charge the owner (residential user) according to the standard stipulated by the government, that is, RMB _ _ per square meter of construction area per month.

2. Charge the owner (residential user) according to the standard negotiated by both parties, that is, RMB per square meter of construction area per month;

3. Party A shall pay Party B directly according to the unified standard, that is, RMB per square meter of construction area per year (month); Terms of payment: _ _ _ _ _ _ Method: _ _ _ _ _ _.

(two) the adjustment of the management service fee standard shall be implemented according to the following item _ _ _:

1. Adjust according to the standards set by the government;

2. Increase by _ _% year by year;

3. Annual decline of _ _%;

4. Adjust according to the price fluctuation range announced by the local government every year;

5. Adjust according to the standards agreed by both parties;

(3) Party B shall adopt the cost accounting method for the maintenance expenses of the own parts, own equipment and other special services of the property owners and users, and collect them according to the actual expenses; However, Party A has the right to review and supervise the above-mentioned charging items and standards of Party B. 。

(4) The maintenance, conservation and transformation of the same parts of the building (ontology) and the facilities and equipment used in the building (ontology) shall be proposed by Party B, and implemented through consultation between both parties. The required funds shall be paid in the building ontology maintenance fund according to regulations. The collection of building maintenance fund shall conform to the guiding standards of the property management department of the municipal government. Party A has the obligation to urge the owner to pay the above money and cooperate with the maintenance.

(V) The special fund for the public facilities of the house is RMB * * *, and Party A shall be responsible for getting it in place within _ _ _ time according to the regulations and policies, so as to ensure the renovation and major maintenance expenses of the public facilities of the house.

(VI) The upfront management fee for Party B to take over the property is RMB, which shall be implemented according to the following item _ _ _:

1. Party A shall pay Party B within _ _ days from the effective date of this contract;

2. Be borne by Party B;

3. Pay _ _ _ fees;

(VII) The vacant property caused by Party A's responsibility and the management expenses incurred shall be implemented according to the following item _ _ _:

1. Party A shall bear the management expenses of all vacant properties, that is, RMB per square meter of construction area per month;

2. Party A shall bear _ _% of the above management expenses;

Article 8 Reward and punishment measures

(1) If Party B fully completes the management objectives stipulated in this contract, Party A will reward Party B under the following circumstances:

(II) If Party B fails to achieve the management objectives stipulated in the contract, Party A will punish Party B according to the following circumstances:

(III) After the expiration of the contract, Party B may participate in the management bidding of Party A, and obtain the management right in priority under the same conditions, except that the bidding qualification or priority management qualification is cancelled according to laws, regulations and policies or regulations of the competent department. Party B has fully fulfilled its contractual responsibilities and achieved excellent management performance. Most owners have responded well and can directly renew the contract without participating in bidding.

Article 9 Liability for breach of contract

(1) If Party B fails to achieve the specified management objectives or directly causes economic losses to Party B due to Party A's reasons, Party A shall compensate Party B for the corresponding losses; Party B has the right to request Party A to rectify and terminate the contract within a time limit.

(II) If the management objectives cannot be achieved or Party A suffers economic losses directly due to Party B's reasons, Party B shall compensate Party A for the corresponding losses. Party A has the right to require Party B to rectify and terminate the contract within a time limit.

(3) Major accidents are caused by quality reasons such as Party A's houses, facilities, equipment and installation technology. Party A shall be responsible for the aftermath. If a major accident is caused by Party B's mismanagement or improper operation, Party B shall be responsible for the aftermath. (The direct cause of the accident shall be subject to the appraisal conclusion of the relevant government departments. )

(4) If Party A and Party B obtain the right to operate by unfair competition, or cause the other party to lose the right to operate, or cause the other party's economic losses, they shall bear full responsibility.

Article 10 Other matters

(1) Both parties can modify, change or supplement the terms of this contract, and sign a written supplementary agreement, which has the same effect as this contract.

(2) When the management stipulated in the contract expires, this contract will be terminated naturally. If both parties renew the contract, they shall submit written opinions to the other party six months before the expiration of the contract.

(III) During the execution of this contract, if the contract cannot be performed due to force majeure, both parties shall not be liable for breach of contract, and shall negotiate in time according to relevant laws and policies.

(IV) In case of any dispute during the performance of this contract, both parties shall settle it through negotiation; If negotiation fails, it shall be submitted to the property management department for mediation; If mediation fails, it shall be submitted to the Arbitration Commission for arbitration according to law.

(5) 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.

Matters not covered in this contract, its annexes and supplementary agreements shall be implemented in accordance with relevant laws, regulations and policies of People's Republic of China (PRC).

(VI) The original of this contract and one page of its annex are in triplicate, one for each party and the property management department (for the record), all of which have the same legal effect.

(VII) This contract shall come into force as of the date of signing.

Signature of Party A: Signature of Party B:

Legal representative: