Does the property contract have legal effect if it is not filed?

Whether the property contract has legal effect without filing depends on whether the property company has filed it, so the property contract has legal effect; If it is not filed, it will have no legal effect. So today, let's take a look with Bian Xiao to see whether the real estate contract has legal effect and what is the answer to related questions!

First, doesn't the property contract have legal effect?

If only the property contract is not filed, the property enterprise has filed it. Then that means the subject qualification is protected. As long as the property contract is the true will of both parties, all procedures are authorized by the owners' meeting and the industry Committee. Then, the property service contract was established. However, some related pricing rights cannot exceed the original property service price.

If the property enterprise and the property contract are not filed, it is equivalent to cross-regional operation and there is no protection. Neither the subject nor the content of the behavior is protected by the property department. Once found, it will be severely punished by the property authorities, and even be suggested to revoke the relevant certificates.

According to Article 2 of the Property Management Regulations, property management refers to the activities that the owner selects a property service enterprise, and the owner and the property service enterprise repair, maintain and manage the house, supporting facilities and related sites in accordance with the property service contract, so as to maintain the environmental sanitation and related order in the property management area.

2. Do property service contracts need to be filed?

The realty service contract refers to the service contract signed between the realty service enterprise and the owners' committee, which stipulates that the realty service enterprise shall carry out professional maintenance, conservation, management and maintenance of the environmental sanitation and public order in the relevant areas, and the owners shall pay remuneration. Property service contracts need to be filed. Materials required for filing the realty service contract:

1. Application Form for Filing Property Service Contract;

2. Property service contract;

3. Original and photocopy of enterprise qualification certificate;

4 copies of the business license of the enterprise as a legal person and the business license of the branch;

5. Organization code certificate;

6. The identity certificate of the person in charge of the project, the labor contract between the person in charge of the project and the property service enterprise, the original social insurance payment certificate, the post certificate and assessment certificate of the person in charge of the project;

7, the legal source of the property project documents;

8, the fact that the service project needs to provide the original property service contract, service status, arbitration or judicial documents and other related materials.

It should be noted that property contracts that have not been filed with the Housing and Construction Bureau also have legal effect, but they violate the requirements of industry management and may be subject to administrative penalties.

3. Which court is the jurisdiction of the realty service contract?

Determining the jurisdiction of property management contract disputes is the premise of correctly hearing such cases. The jurisdiction of property management disputes should be determined according to the specific types of property management disputes. In civil litigation cases caused by property management, at present, the parties generally sue in the court where the property is located, and regard the location of the property as the domicile of the owner or user.

However, some appeal courts did not distinguish between different types of property management disputes and accepted them. If one party who signs a property management contract brings an infringement lawsuit against the other party, the provisions of the Civil Procedure Law shall apply and the people's court of the place where the infringement occurred or the defendant's domicile shall have jurisdiction. Contract disputes arising from property management contracts shall be governed by the provisions of the Civil Procedure Law, and lawsuits arising from contract disputes shall be under the jurisdiction of the people's court of the defendant's domicile or the place where the contract is performed.

Seeing this, Bian Xiao believes that you have already understood the relevant knowledge. The property contract is a property service item to be signed between the property company and the community owner, and it can only take effect if both parties are legal.