What responsibilities should I bear if I fail to perform the property management agreement?

Core content: What responsibilities should I bear if I fail to perform the property management agreement after signing it? Below, the real estate Bian Xiao will give you a detailed introduction to the knowledge of property dispute settlement.

Case playback:

A property management company in our city claims that the owner, Yang, signed a Commercial Housing Sales Contract with the company, and signed a preliminary property management agreement with the property management unit selected by the company according to the contract, and paid the preliminary property management fee, but the property management fee of * * * 1364 yuan was delayed. During this period, the property management company repeatedly issued a property management reminder to Yang. According to the Pre-Property Management Agreement signed by both parties, the property management company filed a lawsuit with the court and ordered Yang to pay the overdue property management fee and liquidated damages. Yang, the owner, believes that the two parties did establish a preliminary property management relationship, but the property management company failed to fulfill its contractual obligations according to law, so it refused to pay the property management fee. Yang said that the commercial housing sales contract he signed with the company stipulated that the pure water system and intelligent facilities in the community would be gradually put into use after the owners moved in. If the specified conditions of use are not met, the buyer cannot bear the property management fee in proportion (20% for each item, subject to the conditions of use).

The court held that the "Pre-Property Management Agreement" signed by both parties was the true intention of both parties, and both parties should perform their respective obligations according to the agreement. Property management services involve the overall interests of all owners in the service area. As the owner, the property management company provides property management services for Yang, and Yang should pay the property management service fee. However, in the commercial housing sales contract signed by the housing development company, Yang refused to pay the property management fee on the grounds that the intelligent facilities could not be put into use, which violated the obligation to pay the property management fee stipulated in the previous property management agreement. Yang believes that housing enterprises have violated the agreement in the commercial housing sales contract, and should safeguard their rights and interests in accordance with legal procedures, and cannot refuse to pay property management fees to property management companies. In the end, the court ruled that Yang paid the arrears of property management service fees and related liquidated damages within the specified time.

The lawyer explained:

Property management dispute is a new hot spot of housing dispute in recent years. Such disputes mainly focus on the recovery of arrears of property management fees. The main reasons for the arrears are the problems left by housing enterprises and the inadequate property management services. However, why do most of these cases judge the owners to lose? Many owners believe that housing enterprises and property management companies are father-son relationships, so the contradiction between housing enterprises and property management companies often extends to property management companies. In fact, the breach of contract by real estate enterprises and whether to pay property management fees to property management companies are two legal categories, and owners should treat them differently. Owners who object to the problems left by the housing development company or are dissatisfied with the property management service can solve them through litigation, but they cannot refuse to pay the property management fee.