Judicial interpretation of property service contract disputes

Legal Analysis: In order to correctly hear cases of property service disputes and protect the legitimate rights and interests of the parties in accordance with the law, this interpretation is formulated in accordance with the legal provisions of the Civil Code of People's Republic of China (PRC) and combined with civil trial practice.

Legal basis: Opinions on Several Issues Concerning the Application of Law in the Trial of Disputes over Property Services Contracts.

Article 1 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. If the owner raises a defense on the grounds that he is not a party to the contract, the people's court will not support it.

Article 2 In any of the following circumstances, the people's court shall support the request of the owners' committee or the owners to confirm the invalidity of the contract or the relevant provisions of the contract:

(a) the entrustment contract that the realty service enterprise entrusts all the realty service business in the realty service area to others;

(2) clauses in the realty service contract that exempt the realty service enterprise from its responsibilities, increase the responsibilities of the owners' committee or owners, and exclude the main rights of the owners' committee or owners. The realty service contract mentioned in the preceding paragraph includes the prophase realty service contract.

Article 3 If a realty service enterprise fails to perform or fails to fully perform its maintenance, conservation, management and repair obligations as agreed in the realty service contract or determined by laws, regulations and relevant industry norms, and the owner requests the realty service enterprise to undertake the liabilities for breach of contract such as continuing to perform, taking remedial measures or compensating for losses, the people's court shall support it. The service promises made publicly by the realty service enterprise and the service rules formulated shall be regarded as part of the realty service contract.

Article 4 The people's court shall support the owners who violate the realty service contract or laws, regulations and management conventions and conduct acts that hinder the realty service and management, and the realty service enterprise requests the owners to bear corresponding civil liabilities such as restoring the original state, stopping the infringement and removing the obstruction.

Article 5 Where a realty service enterprise violates the stipulations of the realty service contract or the provisions of laws, regulations and departmental rules, it expands the charging scope, raises the charging standard or charges repeatedly without authorization, and the owner raises a defense on the grounds of illegal charging, the people's court shall support it. The people's court shall support the owners' request to the realty service enterprise to refund the illegal fees charged by them.

Article 6 If an owner refuses to pay the property fee without justifiable reasons or fails to pay the property fee within a reasonable period after being urged in writing, the people's court shall support the property service enterprise in requesting the owner to pay the property fee. Property service enterprises have provided services in accordance with the contract and relevant regulations, and the people's court will not support the owners' defense on the grounds that they do not enjoy or need to accept relevant property services.

Article 7 If the owner and the lessee, borrower or other user of the property agree that the user of the property will pay the property fee, and the property service enterprise requests the owner to bear joint liability, the people's court shall support it.

Article 8 If the owners' committee requests to terminate the realty service contract after the owners' general meeting has made a decision to dismiss the realty service enterprise in accordance with the procedures stipulated in Article 76 of the Property Law, the people's court shall support it.