Is the contract signed by the property service company valid?

After the establishment of the owners' committee, the newly-built community will generally sign a property service contract with the property management company, and the property will provide management services for the community and all the owners, and the owners will bear the corresponding remuneration. So does the property service contract signed with the property company have legal effect? Below, I sorted out the relevant information of the property service contract for your reference.

1. Does the property service contract have legal effect?

The property service contract is the result of consensus reached by both parties. As long as it does not violate the relevant provisions of the law, it is legal and protected by law, and both parties shall perform the contract in accordance with the rights and obligations of the contract.

Article 939 of the Civil Law of People's Republic of China (PRC) stipulates that the preliminary realty service contract concluded by the construction unit and the realty service provider according to law and the realty service contract concluded by the owners' committee and the realty service provider selected by the owners' congress according to law are legally binding on the owners.

Second, the basic principles of the property service contract

1, principle of subject equality

The parties to a contract have equal legal status, and one party may not impose its will on the other. Any civil subject is also equal in legal personality, enjoys independent personality and is not subject to domination, interference and control by others.

2, the principle of voluntary contract

The parties have the right to voluntarily conclude a contract according to law, and no unit or individual may illegally interfere. The principle of voluntary contract, also known as the principle of freedom of contract, refers to that the parties voluntarily or freely conclude a contract, choose the contract method, decide the contract content, and modify and interpret the contract.

3, the principle of fairness of rights and obligations

The principle of fairness adjusts the interest relationship between the parties to a contract, limits the abuse of the principle of voluntary contract, and requires formal fairness and substantive fairness.

4, the principle of good faith

It is the most basic principle of civil law and contract law, which means that civil subjects should be honest and trustworthy, exercise their rights and perform their obligations in good faith, and must not commit fraud.

5, abide by the law and the principle of maintaining social welfare.

When concluding and performing a contract, the parties shall abide by laws and administrative regulations, respect social morality, and shall not disturb social order or harm public interests. This is the basic principle of social life.

Three, the content of the property service contract

1, general. The general principle is the general description of the property service contract. Generally, the parties to the contract, the basis for signing this property service contract and the basic information of the entrusted property shall be stated.

2. Entrust management matters. Entrust management matters, that is, what contents are specifically responsible for and what management tasks are there. Entrust management matters mainly explain the nature of the management project, which parts the management project consists of, and so on.

3. Management service fee. The management fee in the property service contract mainly includes the composition, standard, total amount, payment method and time of management fee.

4. Rights and obligations of both parties to the contract. Different properties, different items and specific contents of property management, the demand for property management services and the rights and obligations of both parties can not be completely consistent. Therefore, for different types of property, both parties to the contract should formulate targeted and appropriate rights and obligations in the property service contract according to the nature and characteristics of the property.

5. Manage service quality. Defining the requirements and standards of property management services is beneficial to both parties to the contract. This will not only help property management enterprises to improve their management efficiency and management level, thus enhancing their market competitiveness, but also help owners to know fairly well and better implement supervision and inspection of property management enterprises according to clear supervision reference standards.

6. The terms of the contract. The term of a contract refers to the time when the parties perform the contract and accept the performance. Generally speaking, the duration of the realty service contract should be determined according to the practical experience and specific actual situation in various places, but the starting and ending time of the contract must be clear.

7. Liability for breach of contract. The so-called liability for breach of contract refers to the liability with economic compensation that should be borne by the wrong party according to the law or the contract when one or both parties violate the obligations stipulated in the contract. The liability for breach of contract should be as specific as possible.

8. Supplementary provisions. Supplementary clauses generally record the agreement of both parties on the entry into force, alteration, renewal and dissolution of the contract.

As long as the property service contracts concluded by the parties comply with the laws of China, they have legal effect. The property service contract signed by the construction unit, the owners' committee and the property management company has legal effect on the owners. The above content is an answer to the question whether the property service contract has legal effect. If you have other legal questions, please consult a professional lawyer.