Is the property contract signed before the completion acceptance valid?

It has nothing to do with property. The completion acceptance is led by the construction unit, assisted by the supervision unit, and jointly accepted by the construction unit and the design unit. This is something that developers should consider, and has nothing to do with property buyers.

I. Handling of invalid property service contracts

(1) Under any of the following circumstances

1. If the parties request that the property service contract or the terms of the contract are invalid, they shall be supported:

1. The real estate development enterprise fails to select a property management enterprise in accordance with the provisions of the second paragraph of Article 24 of the Property Management Regulations.

2. Real estate development enterprises still sign property service contracts with property management enterprises in their own names after establishing owners' committees in residential areas according to law.

3. The agreement on property services in the pre-sale contract of commercial housing excludes the owners from choosing property management companies in the future and agreeing on property service fees.

4. Property management companies have not obtained corresponding property management qualifications according to law.

5. The realty service contract signed by the owners' committee without the consent of the owners' congress or within the scope decided by the owners' congress has not been ratified by the owners' congress or more than 50% of the owners before the prosecution or during the first trial.

6. The property management enterprise entrusts, transfers or dismembers the overall management service to a third party without authorization, and contracts it to a third party in the name of subcontracting.

7. Other violations of mandatory provisions of laws and administrative regulations.

(two) after the contract is confirmed to be invalid, the property management enterprise has provided services, and may require the owner to pay the property service fee at the lowest price stipulated by the local government.

(three) in accordance with the following circumstances

1. If a party requests to confirm that the property service contract is invalid, it will not be supported:

1. Although the owners' committee elected by legal procedures has not been registered by the real estate administrative department, it has signed a property service contract with the property management enterprise according to the decision of the owners' meeting.

2. Property service contracts signed by the owners' committee elected by legal procedures without the consent of the owners' congress or within the scope decided by the owners' congress, but ratified by the owners' congress or more than 50% of the owners before the prosecution or during the first instance.

3. The property service contract signed between the owners' committee elected without legal procedures and the property management enterprise, but more than 50% of the owners ratified it afterwards before the prosecution or during the first instance.

Two, the contract is invalid, which means that the contract is of course invalid because of the lack of some effective elements.

The Contract Law stipulates two legal consequences of invalid contracts. Article 58 stipulates: "After a contract is invalid or cancelled, the property acquired as a result of the contract shall be returned; If it is impossible or unnecessary to return it, it shall be compensated at a discount. The party at fault shall compensate the other party for the losses suffered as a result. If both parties are at fault, they should bear their respective responsibilities. " Article 59 stipulates: "If the parties collude maliciously and harm the interests of the state, the collective or the third party, the property thus obtained shall be owned by the state or returned to the collective or the third party."

The significance of distinguishing between contract establishment and contract entry into force in judicial practice is to avoid treating some contracts that have been established but do not have the elements of entry into force as invalid contracts; For many contracts with unclear terms, efforts should be made to promote the establishment of contracts by way of explanation or according to supplementary provisions of the law, so as to encourage transactions and reduce property losses and waste.