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How to identify the contractual relationship of factual property?
Legal analysis: 1. After the expiration of the previous property service contract, the property company continued to provide property services, which were accepted by the owners, forming a de facto property contract relationship. 2. There are objective facts in the actual performance of the real estate service contract. The actual performance of a contract means that one or both parties to the contract have fulfilled the main obligations of the contract with their own actual behavior, and the other party has accepted it. 3. In fact, after the property service contract is established, the property management fee should still be paid according to the original agreed standard.
Legal basis: Article 41 of the Regulations on Property Management, the owner shall pay the property service fee according to the agreement in the property service contract. If the owner and the user of the property agree that the user of the property shall pay the property service fee, the owner shall bear joint and several liability from the agreement.
Property that has been completed but has not been sold or handed over to the property buyer shall be paid by the construction unit.
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