Should the owner be bound by the previous property service contract, and why?

The prophase property management contract can bind the owners. Although the owner did not directly participate in the signing of the preliminary property management contract, the preliminary property service contract concluded by the construction unit and the property service provider according to law is legally binding on the owner.

The prophase realty service contract refers to the agreement reached between the realty construction unit and the realty service enterprise on the rights and obligations of both parties in the prophase realty management stage, which is the basis for the realty service enterprise to be authorized to carry out realty management services.

According to the principle of contractual obligations, the parties should fulfill the collateral obligations arising from the principle of good faith. Because of the different types and nature of contracts, the collateral obligations are also different. In the contract for the sale of commercial housing, the construction unit should select the realty service enterprise in the early stage as a collateral obligation, and the collateral obligation should be extended to the owners and owners' meeting before selecting the realty service enterprise.

Property service companies provide property services by posting notices, staying in residential areas, providing management personnel, etc., and the owners actually accept their property services by default. The two sides reached an agreement on their own meaning through factual behavior, and a factual contract for property services was formed between the property service company and the owner, who should be bound by the previous property service contract.

When the former property company's contract expires, the owners' committee and owners' assembly can renew the property service contract with the property company, or they can select other property service companies to sign the property service contract according to law.

Legal basis:

property management regulations

Twenty-first in the owners' meeting, the owners' meeting to hire a property service enterprise, the construction unit to hire a property service enterprise, it shall sign a written preliminary property service contract.

Article 25 The sales contract signed between the construction unit and the property buyer shall include the contents stipulated in the previous property service contract.

Twenty-sixth prophase realty service contract may stipulate the time limit; However, if the realty service contract signed by the owners' committee and the realty service enterprise takes effect before the expiration of the term, the prophase realty service contract shall be terminated.