Characteristics and solutions of property service contract disputes

With the rapid development of property management, property disputes continue, and the satisfaction of owners is low. The cases of property service contract disputes are on the rise year by year in the national courts.

Property service contract

The so-called property service contract dispute refers to the dispute between property management enterprises and owners or owners' committees and real estate development enterprises in the process of implementing property management and services according to property service contracts in a specific area, which is a relatively common civil dispute.

First, the causes of disputes over property service contracts

1. The owner is not satisfied with the service provided by the property management company.

2. The laws and regulations related to property services are not perfect, and the administrative work is not perfect.

3. Pre-realty service enterprises are generally selected by developers, not by all owners or owners' committees. Owners often think that they belong to the same family. Therefore, owners often refuse to pay property fees on the grounds of housing quality problems or housing planning greening rate not reaching the promise.

4. The service contract between the owner and the property service is not clear, and there is no agreement on the service content, service quality standard, charging items and charging standards.

Second, the characteristics of property contract disputes

1. The number of cases increased rapidly.

2. Disputes are mass and the masses have great influence.

3. The rate of cases of property service charges is high, and the success rate of property companies is high.

Compared with the owner, the property service enterprise is still a strong subject, and there are generally relatively fixed professional lawyers responsible for the legal business of the enterprise. Therefore, it has advantages over the owner in legal knowledge, evidence collection, litigation experience, and even avoidance of responsibility in the contract. Therefore, it is not surprising that the new case of property service contract dispute is still in the stage of continuous exploration, both the judge who tried the case and the property service practitioners, because it has not been produced for a long time in China.

Three, to solve the property service contract dispute countermeasures

1, improve the legislation of property management, clarify and refine the service norms and quality standards of property management and the nature and functions of the owners' committee. The Regulations on Property Management promulgated by the State Council is based on administration according to law, which is different from the focus of civil dispute trial. Therefore, relevant departments should further coordinate and clarify how to better apply this provision in trial practice. At the same time, the real estate and quality supervision departments should further clarify and refine the industry norms, systems and service quality standards of property management, so that the property management industry can be brought into the track of legalization and standardization as soon as possible, and at the same time, it can provide a relatively complete legal basis for the court to hear property disputes. In addition, the nature and functions of the owners' committee should be clearly defined in the laws and regulations on property management, so that the owners' committee can correspond to the property management enterprises and become an effective way for owners to implement democratic, efficient and autonomous property management and even mediate disputes.

2. Improve the developer's awareness of performance and the service awareness of property service enterprises.

In the property contract disputes tried by the court, nearly half of the cases are caused by the problems of real estate developers. To improve the awareness of real estate developers, the sustainable development of enterprises depends on business reputation and strength, and at the same time, government departments and industry associations should give necessary guidance to developers.

Property management enterprises lack the consciousness of equal subject and service under the market economy. Owners are the legal owners of property management rights, and property management enterprises certainly do not have property management rights. There is a civil legal relationship between two equal subjects. Only by correctly understanding the legal relationship of property management can we fundamentally improve the overall service quality and level of property management enterprises.

3. Improve the property service contract.

The terms in the contract are too general. In the event of a dispute, it is difficult for the owner to determine the specific obligations of the property service enterprise, and it can only be presumed that the property service enterprise has the obligation of security, and this obligation is limited, which is obviously unfavorable to the owner. If the task of the realty service enterprise is detailed, then the owner can clearly understand what the obligation of the realty service enterprise is. If you receive the owner's own economic losses, it depends on whether the property service enterprise violates the obligations stipulated in the contract. If it is violated, the property company will bear the responsibility, which is more conducive to the owners to safeguard their own interests.

(The above answers were published on 20 13-04-25. Please refer to the actual situation for the current purchase policy. )

When buying a new house, go to Sohu Focus.