Job Recruitment Website - Property management company - If the property management company is changed, is the contract signed by the shop owner and the previous property management company still valid?
If the property management company is changed, is the contract signed by the shop owner and the previous property management company still valid?
Legal analysis
According to the relevant laws and regulations, if the property company is changed, the contract signed by the shop owner and the original property company is valid. Because the two parties signed a real estate contract, although the object of signing has changed, the subject matter of signing has not changed, and the responsibilities and obligations of the original signer will continue to be effective in alternation. Unless the following conditions exist: 1. When the contractor changes, this contract is invalid; Second, when the new property company entered, the owner voluntarily gave up the contract. Otherwise, you can sue the original property company. Because the two parties signed a real estate contract, although the object of signing has changed, the subject matter of signing has not changed, and the responsibilities and obligations of the original signer will continue to be effective in alternation. Unless the following conditions exist: 1. When the contractor changes, this contract is invalid; Second, when the new property company entered, the owner voluntarily gave up the contract. Otherwise, you can sue the original property company. First of all, from the analysis of the subject who signed the contract, the property management company, as an enterprise, has a stronger position than the individual owner and should bear more social responsibilities. The property management company takes advantage of its strong position to sign a standard contract with the owner and transfer the obligation of property fees to individuals. This kind of behavior in the cloak of "autonomy of will" is actually an "illegal" clause, which maliciously evades the obligations stipulated by law, and its "autonomy of will" should be regulated by law.
legal ground
"Property management regulations" Article 38 When the property service contract is terminated, the property service enterprise shall return the property management space and the information specified in the first paragraph of Article 29 of these regulations to the owners' committee. When the realty service contract is terminated, if the owners' congress selects a new realty service enterprise, the realty service enterprise shall do a good job of handover.
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