How to calculate the liquidated damages of Shanghai property

The liquidated damages of the property contract shall be calculated according to the agreement of both parties. Of course, if there is no agreement when signing the property service contract, you can also make different judgments according to the actual losses caused by the breach of contract.

1. How to calculate the liquidated damages of the property contract?

1. The liquidated damages of the property contract need to be calculated according to the agreement of both parties, and can also be judged according to the actual loss, provided that no contract is signed. The stipulation of collecting liquidated damages in the property contract means that both parties can agree on specific liquidated damages. The stipulation of liability for breach of contract in the property contract means that when one party fails to perform its contractual obligations, the other party may require the defaulting party to bear certain liability for breach of contract. There is no clear liquidated damages in the property contract, and the specific liquidated damages can be determined according to the actual losses of the parties. The legal provision of liquidated damages in the property contract is that both parties can freely negotiate to determine the terms of property fees and liquidated damages. Whether to collect liquidated damages for property fees can be decided by both parties. The liquidated damages shall be determined by both parties through consultation, and the amount is not limited. Liquidated damages are generally determined according to the expected losses caused by one party's breach of contract.

2. If the liquidated damages agreed by one party after breach of contract are "lower" than the actual losses, and the observant party requires the defaulting party to bear the liability for breach of contract, the observant party may bring a lawsuit to the court to request an increase in liquidated damages; If the agreed liquidated damages are "excessively" higher than the actual losses, the defaulting party may bring a lawsuit to the court to reduce the liquidated damages.

Second, what is the property contract fee?

1. If the property service is defective, the property company has no right to ask the owner to bear the liquidated damages for the property fee.

The liability to pay liquidated damages only applies to breach of contractual obligations, and only if the parties have agreed on liquidated damages in the contract or the law stipulates that there are liquidated damages. Based on the Pre-Property Management Contract, there is a clear agreement on liquidated damages. The property service is flawed, the property management is chaotic, and the house leaks seriously. Defective performance is the debtor's active incomplete performance, but the debtor's performance is flawed, which damages the interests of creditors, so it can be called positive debt default. If the defect can be corrected, the creditor has the right to refuse to accept it and ask for correction, and does not bear the responsibility for delaying acceptance.

It is required that both parties to the contract should fully perform the contract and perform their respective obligations in strict accordance with the contract requirements. The property contract requires the property company to fully perform the contract, but the property services provided by the property company are flawed, which leads to confusion in property management and serious water leakage in the house. It belongs to the incomplete performance of the contract, and there is no obligation to provide property services when collecting property fees. It is unreasonable to ask the owner to bear liquidated damages. Therefore, for defective property services, as a property company, it has no right to ask the owners to bear liquidated damages.

2. After the property management company provides defective property services, the owners shall bear part of the property fees.

The rights and obligations of property service enterprises are consistent and equal. Property service enterprises have the right to collect property service fees, and the obligation is to maintain and manage the order, hygiene and safety of residential areas, maintain and repair buildings, public facilities and greening, and provide other property services to owners in accordance with relevant regulations and contracts. Collecting property fees is not only a reward for fulfilling its obligations, but also an important source of income to ensure its normal operation. According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Disputes, "The preliminary property service contract signed by the construction unit and the property service enterprise according to law, and the property service contract signed by the owners' committee and the property service enterprise selected by the owners' congress according to law are binding on the owners, and the people's court will not support it if the owners raise a defense on the grounds that they are not parties to the contract", so it can be seen that there is a property service contract relationship between a single owner and the property service enterprise, and such contracts are individual and relative. At the same time, according to this kind of contract, the property service behaviors and obligations performed by the property service enterprises are also direct and concrete. The contract signed by the property enterprise and the owners is one-to-one, and the owners can put forward the defense reasons from the perspective of safeguarding private interests.

In our real life, it is very important to provide property services. The property service here mainly refers to providing some management within the community. Of course, owners also need to pay related fees. If they don't pay the fee, they will violate the contract.