Is it legal for developers to designate their own property companies to provide pre-property services at the highest property price in the city?

It is illegal for developers to appoint their own property companies to provide pre-property services at the highest property price in the city. The main basis is as follows:

1. The developer's designation of his own property management company violates the special provision of the second paragraph of Article 24 of the Property Management Regulations that "the construction unit of residential property shall select and employ property service enterprises through bidding"; If the number of bidders is less than three or the residential scale is relatively small, with the approval of the real estate administrative department of the district or county people's government where the property is located, the realty service enterprise can be hired by agreement, which violates the relevant provisions of the Interim Measures for the Administration of Bidding and Bidding for Early Property Management (J.Z. [2003] 130).

2. According to the provisions of Article 10 of the Price Law, the property service provider shall accurately record and verify the service cost, and shall not resort to deceit; In accordance with the provisions of Article 11 of the Measures for the Administration of Property Service Charges, nine expenses that constitute service charges are listed. Property service providers shall fulfill the obligations stipulated in Article 18 of the Regulations on Price Management of People's Republic of China (PRC) (truthfully report the relevant pricing information of charging items, and implement the filing system of service charging standards stipulated by the price department), and disclose the contents listed in Article 6 in accordance with the provisions of clearly priced property service charges. If the property service provider fails to perform the above obligations, according to the provisions of Article 526 of the Civil Law, the owner or user may refuse to perform according to the provisions that "the parties owe each other debts, and the party who fails to perform the debts first has the right to refuse to perform the request".

3. According to Article 13 of the Price Law and Article 13 of the Provisions on the Clearly Marked Price of Commercial Housing Sales, "commercial housing operators shall not sell commercial housing at a price higher than the marked price, and shall not charge any unspecified fees"; According to Article 10 of the Measures for the Administration of Property Service Charges, the sales contract signed by the construction unit and the property buyer shall stipulate the contents, service standards and charging standards of property management services. In fact, property inspection is the main content and key link of early property service, and it is the objective basis for providing services and verifying service costs (service fees); Therefore, if the property service provider fails to fulfill the inspection obligation as required, the service fee (charging standard) agreed in the commercial housing sales contract and the preliminary property service contract will inevitably violate the relevant provisions of the state, and the owner or user may refuse to pay according to law.

Please refer to the article "Acceptance of Owner's Building and Its Ancillary Facilities" for details, and make suggestions according to laws and regulations, hoping to help friends, please adopt them.