Job Recruitment Website - Property management - How to deal with property management disputes? What conditions can I check out?
How to deal with property management disputes? What conditions can I check out?
1, and the parties choose to settle it through negotiation;
2. Many parties request the third party to mediate, and the administrative departments of relevant government departments mediate.
3. The parties agree to arbitration;
4. Judicial proceedings.
It is difficult to determine which of the above methods is superior or inferior, and the parties can decide for themselves. Self-selection and negotiation are the forms of dispute settlement between the two parties, and the latter three are the forms of dispute settlement relying on the third party.
Two. Dispute mediation Property management service Civil litigation dispute mediation includes civil litigation mediation and administrative mediation. In civil litigation mediation, the parties with different opinions jointly select an organization and an individual, and the third party clearly puts forward suggestions according to their opinions and authorization, and implements them after consensus, thus solving the dispute. However, mediation in this way has no legal effect. After the mediation is completed, if one party does not implement it, it will fall short.
The administrative mediation of property management service disputes depends on the mediation of the responsible government camp, but if one party does not comply with the implementation, it needs to be handled by other means.
Civil mediation and administrative mediation are different from mediation in litigation or judicial proceedings. Mediation in litigation or litigation is a link in arbitration procedure, and there is no consciousness.
Third, the litigation of civil litigation disputes over property management services can be solved through litigation, which should be a dispute with the characteristics of civil litigation, usually a dispute based on agreement or a property right dispute. According to the relevant provisions of China's arbitration law: "China citizens, legal persons and other organizations with equal subjects may bring a lawsuit in case of contract disputes and other property rights disputes."
The arbitration tribunal's jurisdiction over property management service disputes is based on the agreement assessed by the parties. There are two main ways of arbitration clause: one is to promise a clause when concluding a contract, which means that once there is disagreement, it will be submitted to litigation, which is called arbitration agreement; Another way is to temporarily reach a written agreement and submit it to the arbitration tribunal after a dispute arises between the two parties.
What conditions can I check out? 1. The developer postponed the delivery.
Nowadays, many new houses purchased by property buyers belong to pre-sale houses. If it is a pre-sale house, then the buyer will wait for the developer's notice to take the house after buying the house. However, sometimes property buyers will encounter the problem of developers delaying delivery. According to the regulations, if the delivery of the house is delayed due to the slow progress of the developer's project or other reasons, the developer will be liable for breach of contract. Developers should bear the responsibility for breach of contract. According to the actual situation of delayed delivery, if the buyer fails to take the house within a certain period of time after being urged, then the buyer has the right to apply for rent withdrawal.
2. The developer changes the design scheme privately.
When buyers choose a house, they will definitely confirm the overall planning and design concept of the house with the developers, but some developers still change the structure and use of the house without authorization after the buyers buy the house. If the developer does not clearly inform the buyers, then the buyers have the right to terminate the house sale agreement and demand compensation from the developers. In this case, the rent can be returned, and the developer is required to bear the legal responsibility for breach of contract.
3. The quality of housing actors is not enough.
When buying a house, buyers only need to check and accept the purchased house. Property buyers still need to carry out safety inspection on the product quality of the house when carrying out project acceptance. If the buyer finds that there are serious problems such as water seepage, water leakage and wall cracks in the room during the project acceptance, the buyer can refuse to accept the house or cancel the house sale agreement, stipulating that the seller can compensate.
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