Real estate and property merger

If it is invalid, the developer, as the construction unit, may conclude a preliminary realty service contract with the realty service provider according to the relevant provisions of the law. However, after the expiration of the previous realty service contract, if it is necessary to hire a new realty service agency and sign a new realty service contract with it, it must be unanimously agreed by the owners' committee or the owners. Otherwise, the property contract is not legally binding on the owner.

Property contracts that are legally binding on the owners mainly include two types:

The preliminary realty service contract signed by the construction unit and the realty service provider according to law.

For the prophase realty service contract, the Civil Code of People's Republic of China (PRC) clearly stipulates its legal termination conditions. When the service period stipulated in the preliminary realty service contract concluded by the construction unit and the realty service enterprise according to law expires, the owners' committee or the owners' congress selects a new realty service enterprise and concludes a realty service contract with it. If the contract is legal and valid, the preliminary realty service contract shall be terminated.

Two, the owners' committee and the owners' congress shall select the realty service contract.

Hiring and dismissing the realty service enterprise or other managers is a major matter decided by the owners, and there are special procedures for the owners to decide the same matters. First, the owners who have to account for more than two-thirds of the area and quantity of the exclusive part can vote (double two-thirds principle). Secondly, the consent of the owners in the exclusive area who participate in the voting account for more than three quarters should be obtained (the principle of double three quarters). In order to decide to hire a property service enterprise.

Legal basis:

People's Republic of China (PRC) Civil Code

Article 937 A realty service contract is a contract in which a realty service provider provides realty services such as maintenance of buildings and their ancillary facilities, management and maintenance of environmental sanitation and related order within the realty service area to the owner, and the owner pays the realty fee.

Property service providers include property service enterprises and other managers.

Article 938 The contents of a realty service contract generally include service items, service quality, service fee standards and collection methods, use of maintenance funds, management and use of service places, service term, service handover and other terms.

The public service commitment made by the property service provider in favor of the owner is an integral part of the property service contract.

The realty service contract shall be in written form.

Article 939 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.