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What are the legal consequences of property service enterprises engaging in property management activities without obtaining qualification certificates?

practical problem

A residential owners' committee signed a three-year property service contract with a property management company. Two years after the performance of the contract, the owners' committee found that the qualification certificate of the property management company was obtained by deception, so it proposed to terminate the contract, but it was rejected by the person in charge of the property management company. The person in charge said that no matter how the company obtains the qualification certificate, in the final analysis, the company is a property service enterprise and has signed a property service contract with the community owners' Committee, and the contract will expire in one year, so the property management company has the right to request to continue to perform the contract. So, how does the law stipulate this?

The lawyer replied.

According to the law, enterprises engaged in property management must meet the qualifications prescribed by law. If it is not obtained, the illegal income shall be confiscated and a fine shall be imposed by the real estate administrative department of the local people's government at or above the county level; If losses are caused to the owners, they shall be liable for compensation according to law. Whoever obtains a qualification certificate by deception shall have his illegal income confiscated and be fined, and the qualification certificate shall be revoked by the department that issued the qualification certificate.

Legal link

property management regulations

Fifty-ninth in violation of the provisions of this Ordinance, engaged in property management without obtaining the qualification certificate, the real estate administrative department of the local people's government at or above the county level shall confiscate the illegal income and impose a fine of 50 thousand yuan to 200 thousand yuan; If losses are caused to the owners, they shall be liable for compensation according to law.

Whoever obtains a qualification certificate by deception shall be punished in accordance with the provisions of the first paragraph of this article, and the qualification certificate shall be revoked by the department that issued the qualification certificate.