Limitation of action for property contracts

The statute of limitations for property contract disputes stipulated by law is three years. However, after a property contract dispute occurs, the limitation of action can be interrupted anytime and anywhere through the involvement of the owners' committee or the Housing Authority and other relevant departments in consultation and mediation. The parties to a property contract dispute must handle the contract dispute according to law.

1. What is the statute of limitations for property contract disputes stipulated by law?

The statute of limitations for property contract disputes is 3 years.

People's Republic of China (PRC) Civil Code

Article 188 The limitation period of ordinary litigation and the longest period of rights protection shall be three years. Where there are other provisions in the law, those provisions shall prevail.

The limitation period of action shall be counted from the date when the creditor knows or should know that the right is damaged and the debtor knows it. Where there are other provisions in the law, those provisions shall prevail. However, the people's court shall not protect the rights that have been damaged for more than 20 years. Under special circumstances, the people's court may decide to extend the time according to the application of the obligee.

2. What are the relevant clauses in the property service contract?

People's Republic of China (PRC) Civil Code

Article nine hundred and thirty-seven

Definition of property service contract A property service contract is a contract in which the property service provider provides the owner with property services such as the maintenance of the building and its ancillary facilities, environmental sanitation and the management and maintenance of related order, and the owner pays the property fee.

Property service providers include property service enterprises and other managers.

Article nine hundred and thirty-eight

Contents and Forms of Property Service Contract The contents of a property service contract generally include terms such as service items, service quality, service fee standards and collection methods, use of maintenance funds, management and use of service places, service term and service handover.

The public service commitment made by the property service provider in favor of the owner is an integral part of the property service contract.

The realty service contract shall be in written form.

Article nine hundred and thirty-nine

Validity of the realty service contract The prophase realty service contract concluded by the construction unit and the realty service provider according to law, and the realty service contract concluded by the owners' committee and the realty service provider selected by the owners' congress according to law are legally binding on the owners.

Article 940

Conditions for termination of prophase realty service contract according to law Before the expiration of the service period stipulated in the prophase realty service contract concluded by the construction unit and the realty service provider according to law, if the realty service contract concluded by the owners' committee or the owners and the new realty service provider comes into effect, the prophase realty service contract shall be terminated.

Article 94 1

Conditions and restrictive clauses for entrusting property services Where a property service provider entrusts a specific service within the property service area to a professional service organization or other third party, it shall be responsible to the owner for the specific service.

The property service provider shall not entrust all the property services it should provide to a third person, or entrust all the property services to a third person after the demolition.

China's legal system does not specifically stipulate the limitation of action for property contract disputes. After the property contract disputes occur, they should be handled in accordance with the contract. For example, if the contract stipulates to apply for arbitration, it is impossible to bring a lawsuit directly to the people's court without arbitration.