Whose is the service contract signed between the property and the owner?

1. Who should sign the property service contract?

Property service contracts are usually signed by owners or owners' committees and property service enterprises. Before the owners' congress and the owners' congress select the realty service enterprise, the construction unit shall sign a written preliminary realty service contract.

Second, what are the characteristics of the property service contract?

1. The property service contract is a civil contract based on equality and voluntariness. Traditionally, the property service contract is also called the property management contract, but it is essentially different from the administrative contract signed by the administrative organ with the relevant units to realize the administrative authority.

2. Property service contract is a special entrustment contract. The property service contract is based on the entrustment of the owners' congress and the owners' committee, but it is different from the general entrustment contract.

Legal basis:

Article 9 19 of the Civil Code stipulates: "An entrustment contract is a contract in which the trustor and the trustee agree that the trustee shall handle the affairs of the trustor." The entrustment contract is based on mutual trust. Either party to the entrustment contract loses trust in the other party and can terminate the entrustment relationship at any time. During the performance of the realty service contract, the realty company, the owners, the owners' assembly and the owners' committee are not allowed to terminate the realty service contract without authorization on the grounds of distrust, and the realty service contract can be terminated according to law only if the termination conditions stipulated by law or agreed in the contract are met. In addition, the entrustment contract can be paid, unpaid, oral and written, but the property service contract can only be written and paid.

3. Property service contract is a contract with labor as the subject matter. The obligation of the realty service enterprise is to provide labor services such as house maintenance, equipment maintenance, public security, sanitation, landscaping, etc. as agreed in the contract. Property service enterprises have the right to receive remuneration after completing the agreed obligations. There are also essential differences between property service contracts and contracts involving the provision of labor services. A contract is a contract in which the contractor completes the work according to the requirements of the customizer, delivers the work results, and the customizer pays the remuneration. Although the contract also involves the provision of labor services, the labor services provided by the contractor are only means, not the purpose of the contract. The contractor should use his services to produce some materialized results and bear the risks in his work. If the contractor fails to complete the work, he shall not ask for remuneration. Property service contracts take specific services as their content. As long as the realty service enterprise completes the agreed service behavior, the remaining risks shall be borne by the owner.

4. Property service contracts are agreed contracts, paid contracts, bilateral contracts and compulsory contracts. The owners' committee and the realty service enterprise reach an agreement on the terms of the contract to establish the realty service contract, without taking the actual delivery of the property as an important element. The realty service enterprise is a profit-making enterprise legal person who obtains a business license, participates in market competition, operates independently and is responsible for its own profits and losses. There is no free property service, so the property service contract is a paid contract. According to the content of the realty service contract, the owners, owners' congress, owners' committee and realty service enterprise all enjoy the rights and perform their obligations, so the realty service contract is a two-way contract. The comprehensive service scope of the property service contract is wide, the interests are significant, and the performance period of the contract is relatively long. In order to avoid the weakness that oral contracts are difficult to obtain evidence, the property management regulations clearly require that property service contracts should be concluded in written form and reported to the property management administrative department for the record, so they are necessary contracts.

Three, the property service contract should include what matters?

The owners' committee shall conclude a written realty service contract with the realty service enterprise selected by the owners' congress. Property service contracts shall stipulate property management matters, service quality, service fees, rights and obligations of both parties, management and use of special maintenance funds, property management premises, contract term, liability for breach of contract, etc. ：

(1) Property management matters mainly include maintenance and management of * * parts of the property, maintenance and operation of equipment and facilities used in the property, environmental sanitation and greening management, public security management, fire control and traffic management, property decoration management, escrow service of special maintenance funds and property file management.

(2) the quality of service, that is, the specific requirements for the quality of service provided by property services.

(3) At present, there are two main ways to calculate the service fee: one is based on how many yuan per square meter; Second, it is calculated according to how many yuan per household.

(4) Rights and obligations of both parties.

(five) the management and use of special maintenance funds.

(6) Property management users.

(7) The term and terms of a contract should be as clear and specific as possible, or the method for calculating the term should be clearly specified.

(eight) the liability for breach of contract, that is, the legal liability that one or both parties to a property service contract should bear in accordance with the provisions of the law or in accordance with the obligations of the parties if they fail to perform or perform the contract incorrectly. In addition, the property service contract should generally include the basic information of both parties, the scope of the property management area, the agreement on the termination and dissolution of the contract, the method of resolving contract disputes and other matters agreed by the parties.

The above is the relevant information compiled by Bian Xiao for everyone. In daily life, we should know some common legal knowledge, so that we can use legal knowledge to safeguard our rights when we need help. If you have any other questions, please go to the bureau for legal advice. We will have lawyers to give you professional advice.