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Treatment of invalid property contract
Legal analysis: After the contract is confirmed to be invalid, if the property management enterprise has provided services, it may require the owner to pay the property service fee at the lowest price stipulated by the local government. In any of the following circumstances, 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.
Legal basis: Article 24 of the Regulations on Property Management. The state encourages construction units to select and employ property service enterprises through bidding in accordance with the principle of separating real estate development from property management. The construction unit of residential property shall select the realty service enterprise through bidding; If the number of bidders is less than three or the residential scale is small, with the approval of the real estate administrative department of the district or county people's government where the property is located, the property service enterprise may be selected by agreement.
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