Does the property contract have legal effect?

Property service contract is a kind of service contract signed by property management company and owners or owners' committee. Property management companies provide property services, and owners are responsible for paying property service fees. What is the effect of the property service contract in the Civil Code? Bian Xiao has compiled relevant knowledge, hoping to help everyone.

1. What is the effect of the property service contract in the Civil Code?

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.

People's Republic of China (PRC) Civil Code

Validity of the realty service contract The prophase 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.

Article 940th Conditions for Termination of Pre-realty Service Contract According to Law If the service period stipulated in the pre-realty service contract concluded by the construction unit and the realty service provider according to law expires and the realty service contract concluded by the owners' committee or the owners and the new realty service provider comes into effect, the pre-realty service contract shall be terminated.

2. Can I not pay the property fee without signing the property contract?

If the property contract is not signed, the owner will have to pay the property fee.

According to the Property Management Regulations and other relevant regulations, after the owners' committee is established according to law, the property management contract signed by the owners' committee and the property management company is binding on all owners. Therefore, as long as the industry committee and the property company signed a contract, the owner should pay the property fee.

To say the least, even if the owners' committee did not sign a written property service contract with the property company, but the owners actually accepted the property service, the owners should also pay the corresponding fees to the property company according to the actual service price as compensation for their services.

Therefore, if no property contract has been signed or the property company has actually provided property services, under normal circumstances, the owners also have to pay property fees.

It is worth noting that the industry committee, developer and owner authorized by the owners' congress have not signed a contract with the property company, and if the property company forcibly provides property services after being urged, the owner may not pay the property fee. Because there is no contractual relationship between the two parties at this time, of course, you can not pay the property fee.

Owners can refuse to pay property fees.

Only under the following circumstances, the owner can not pay or underpay the property service fee:

1. Except as stipulated in the property management service contract, the property management enterprise provides services by itself. Without the approval of the owners' committee or owners' assembly, the owners or users shall not pay the fees.

2, the implementation of government guidance price of property services charges, the owners can refuse to pay more than the guidance price.

3. If the property management enterprise fails to perform the obligations stipulated in the property service contract, the owner may not pay or pay less the corresponding property service fee. Property management companies raise property service charges without authorization, and some owners who raise them without authorization may not pay them. If the property service contract stipulates that the service fee should be paid in advance, and the property management enterprise fails to provide the corresponding service, the owner may not pay the corresponding service fee.

4. If the property has overlord clause, the owner can refuse to pay. For example, whether the previous property entered into a contract through consultation with the owner or entered into a contract by itself.

5. The property fails to perform the contract, such as not cleaning the sewer regularly according to the contract requirements.

According to the provisions of the Civil Code, the prophase realty service contract concluded by the construction unit and the realty service provider, and the realty service contract signed by the owners' committee or the owners' assembly and the legally employed realty company have legal effect, and the owners shall abide by the realty service contract.