Is the prophase realty service contract binding on the owner?

The preliminary realty service contract signed by the construction unit and the realty company is binding on the owner. According to Article 1 of 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.

1. How did developers choose early property management companies?

Early property enterprises were generally subordinate enterprises of developers. "Property Management Regulations" clearly stipulates that the construction unit of residential property should select property management enterprises with corresponding qualifications through bidding; If the number of bidders is less than three or the residential scale is relatively small, with the approval of the real estate administrative department of the district or county people's government where the property is located, a property management enterprise with corresponding qualifications may be selected by agreement. This regulation has curbed the nepotism between property management companies and developers to a certain extent.

2. Conditions for selecting and hiring the property service company in the early stage

The owner has the right to replace the realty service enterprise or other managers selected by the construction unit according to law.

In this way, after the owner moves in and before the previous property service contract expires, the owner can also hire a new property service company, provided that the owners' committee is established first. The election of the owners' committee shall be subject to the consent of the owners whose exclusive parts account for more than half of the total building area and more than half of the total number. After the establishment of the owners' committee, it may select and employ realty service enterprises in accordance with the law, and sign legal and effective realty service contracts with them.

legal ground

The Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Disputes.

Article 1 stipulates that the preliminary realty service contract signed by the construction unit and the realty service enterprise according to law and the realty service contract signed by the owners' committee and the realty service enterprise selected by the owners' congress according to law are binding on the owners.

People's Republic of China (PRC) Civil Code

Article 285

Relationship between the owner and the realty service enterprise or other managers: The realty service enterprise or other managers shall, upon the entrustment of the owner and in accordance with the provisions of the realty service contract in Part III of this Law, manage the buildings and their ancillary facilities within the building division, accept the supervision of the owner, and promptly answer the owner's inquiries about realty service.

Property service enterprises or other managers shall implement emergency measures and other management measures implemented by the government according to law, and actively cooperate with relevant work.

Article 286 of the Civil Code of People's Republic of China (PRC)

Owners' related obligations and responsibilities The owners shall abide by laws, regulations and management regulations, and the related behaviors shall meet the requirements of saving resources and protecting the ecological environment. For property service enterprises or other managers to implement emergency measures and other management measures implemented by the government according to law, the owners shall cooperate with them according to law.

If the owners or other actors refuse to perform relevant obligations, the parties concerned may report or complain to the relevant administrative departments, which shall deal with them according to law.

Article 287 of the Civil Code of People's Republic of China (PRC)

Protect the legitimate rights and interests of the owners. The owners have the right to require the construction unit, the property service enterprise or other managers and other owners to bear civil liability for acts that infringe upon their legitimate rights and interests.