Job Recruitment Website - Property management - Who does the property company sign with?

Who does the property company sign with?

1. Who signed the contract with the property management company?

The realty service contract shall be signed by the owners and the realty company, and the owners' committee may agree to agent for owner. The prophase realty service contract shall be signed by the construction unit or developer and the owner. The property service contract is signed by the property company and the owner.

Second, what is a property service contract?

The realty service contract refers to the service contract signed between the realty service enterprise and the owners' committee, which stipulates that the realty service enterprise shall carry out professional maintenance, conservation, management and maintenance of the environmental sanitation and public order in the relevant areas, and the owners shall pay remuneration.

Article 937 of the Civil Code of People's Republic of China (PRC): A property service contract is a contract in which the property service provider provides the owner with property services such as the maintenance of buildings and their ancillary facilities, environmental sanitation and the management and maintenance of related order within the property service area, and the owner pays the property fee.

Property service providers include property service enterprises and other managers.

Third, the characteristics of the property service contract

1、

Property service contract is a civil contract based on equality and voluntariness. Traditionally, the property service contract is also called the property management contract, but it is essentially different from the administrative contract signed by the administrative organ with the relevant units to realize the administrative authority.

2. Property service contract is a special entrustment contract. The property service contract is based on the entrustment of the owners' congress and the owners' committee, but it is different from the general entrustment contract. According to the Civil Code of People's Republic of China (PRC)

"Provisions:

"An entrustment contract is a contract in which the principal and the trustee agree that the trustee will handle the principal's affairs." The entrustment contract is based on mutual trust. Either party to the entrustment contract loses trust in the other party and can terminate the entrustment relationship at any time.

3. Property service contract is a contract with labor as the subject matter. The obligation of the realty service enterprise is to provide labor services such as house maintenance, equipment maintenance, public security, sanitation, landscaping, etc. as agreed in the contract. Property service enterprises have the right to receive remuneration after completing the agreed obligations. There are also essential differences between property service contracts and contracts involving the provision of labor services. A contract is a contract in which the contractor completes the work according to the requirements of the customizer, delivers the work results, and the customizer pays the remuneration. Although the contract also involves the provision of labor services, the labor services provided by the contractor are only means, not the purpose of the contract. The contractor should use his services to produce some materialized results and bear the risks in his work. If the contractor fails to complete the work, he shall not ask for remuneration. Property service contracts take specific services as their content. As long as the realty service enterprise completes the agreed service behavior, the remaining risks shall be borne by the owner.

4. Property service contracts are agreed contracts, paid contracts, bilateral contracts and compulsory contracts. The owners' committee and the realty service enterprise reach an agreement on the terms of the contract to establish the realty service contract, without taking the actual delivery of the property as an important element. The realty service enterprise is a profit-making enterprise legal person who obtains a business license, participates in market competition, operates independently and is responsible for its own profits and losses. There is no free property service, so the property service contract is a paid contract.

The above is who the property management company signed the contract with, hoping to help your doubts. To sum up, property management companies can sign contracts with owners or owners' committees. If you have other legal questions, please consult a professional lawyer.