What is a property management contract? What are the contents of the property contract?

What does a property management contract mean? What is the basic content of the property management contract? SouFun. com has sorted it out for you here, hoping to provide you with reference.

The property management contract, also known as the "property management service contract", is a contract signed by the entrusting party and the property service enterprise on the basis of equality, voluntariness and unanimity according to the Economic Contract Law of the People's Republic of China and the Measures for the Administration of Newly-built Urban Residential Quarters issued by Decree No.33 of the Ministry of Construction and its implementation rules.

According to the current contract law, the property management contract [1] is a kind of anonymous contract, which mainly regulates the rights and obligations of both parties in the property management relationship for the management of a specific property. The emergence of a large number of property management contracts is the inevitable product of China's housing reform and real estate development. However, on the one hand, there are more and more property management relationships in life, and a large number of property management contracts appear. On the other hand, theoretical circles and current legislation do not have enough understanding and systematic provisions on the particularity of property management contracts, which directly leads to the emergence and difficulty in solving a large number of property management disputes in real life. This paper analyzes the attributes of property management contract, distinguishes it from similar systems in civil law, and puts forward its own views on the legal regulation of property management contract in order to attract the attention of theoretical and practical circles.

basic content

Based on the principle of freedom of contract, the parties can conclude any creditor's rights contract within the scope of not violating the mandatory provisions of the law or public order and good customs, which is the principle of freedom of creditor's rights contract. However, it is worth noting that although the civil law does not adopt the principle of type compulsion for contracts, for some common contracts in daily life, the contract laws of various countries generally stipulate famous contracts in the specific provisions. According to the explanation of scholars, this is based on two functions. First, it supplements the agreement with arbitrary terms. Second, protect the interests of the parties with mandatory provisions.

Looking up the relevant provisions of the current contract law, we can find that there are no special provisions on property management contracts. In the current legislation, the property management contract should belong to a kind of nameless contract. In practice, the adjustment of property management relationship is mainly achieved through local laws and regulations, and there are great differences and irregularities in the practices of different places, which is also rare in scholars' research works on contract law. According to the theory of civil law, the content of a contract, especially its main clauses, is the concrete embodiment of the rights and obligations set by both parties to the contract according to the principle of autonomy of will, and is also the basic way to judge the nature of the contract. The following combined with the real situation, make a general summary of the main contents of the property management contract, paving the way for the final definition of the nature of the property management contract:

Generally speaking, the main terms of a property management contract are composed of the following aspects:

1, the basic situation of the parties and the property, mainly to confirm and record the qualifications of both parties and the basic situation of the property management activities.

2. The rights and obligations of both parties are mainly the terms that the owner or user pays the property management fee and the property management company provides corresponding services. This is the most important clause in the property management contract, and the specific content varies with different types of management projects. Generally speaking, there is a difference between property management which focuses on management services and property management which pays equal attention to rental operation and entrusted management.

3. Property management service and service quality. This is generally agreed by the parties themselves, and most local laws and regulations stipulate the bottom line, but the situation stipulated in various places is uneven. It can be referenced that the International Health Organization (WHO) has formulated standards for safe, healthy, convenient and comfortable living environment for the management of all buildings, which can be summarized as: (1) fire prevention, such as strengthening the management of fire-fighting equipment and facilities; (2) Cleaning and maintenance, regularly cleaning up garbage, cleaning ditches, cleaning external walls, etc. ; (3) Maintenance of public facilities, maintenance of hydropower machinery, and regular inspection of public elevators and air-conditioning equipment; (4) Arrange flowers and trees, trim flowers and trees, and replace litter at any time. These four benchmarks should also be the standard requirements of property management.

4. Standards and collection methods of property management service fees. Property management contracts are all paid contracts, so the price and remuneration clauses are natural main clauses.

5, the use of property management services, management and cost sharing methods. This is a special clause in the property management contract, mainly to facilitate the property management unit to fulfill its management obligations.

6, maintenance fee collection and terms of use. Maintenance fees are generally independent of property management service fees, and their collection methods are mainly agreed by both parties to the contract.

7. The term of validity of the contract, the termination of the contract and related matters after the termination of the contract are mainly the transfer of real estate information. There is a difference between the termination of property management services and the termination of general contracts. Under normal circumstances, both parties to a property management contract may not terminate the contract at any time. If one party proposes to terminate the contract within the term of the contract, it must negotiate according to the specific terms of the contract, reach an agreement through negotiation or the court or arbitration institution shall confirm the validity of the termination of the contract.

8. Liability for breach of contract and dispute settlement methods. Although the property management relationship only takes effect between the owner, the user and the property management company, due to the particularity of the property management relationship, the neighborhood Committee, urban construction department and municipal departments where the property is located also enjoy certain administrative management and supervision functions, so the dispute settlement and dissolution of the property management relationship is different from other contracts.

9. Other major clauses agreed by both parties according to specific conditions.

Therefore, compared with other contracts, the property management contract has its particularity in many aspects, but in theory and practice, scholars and judges have not paid corresponding attention to it. At present, there are two popular views on the nature of property management contract, that is, property management contract is a kind of entrustment contract, or property relationship is a special type of agency system in civil law, and property management contract is also a contract to establish agency relationship. These two views will be reviewed separately below.

(The above answers were published on 20 13-08-26. Please refer to the actual situation for the current purchase policy. )

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