Importance of Property Service Contract and Related Legal Constraints

In order to strengthen property management, ensure the normal use of houses and public facilities, and create a beautiful, clean, safe, convenient, comfortable and civilized living environment for the owners, the owners signed a property service contract with the property management enterprise. Property service contract not only determines the rights and obligations of both parties, but also is the basis of legal disputes.

Sign a property service contract

The realty service contract (including the prophase realty service contract) is the right source for realty service enterprises to implement realty management, the basis and standard for implementing corresponding realty management, and plays a key role in connecting realty service enterprises and owners. For property service enterprises, whether the property service contract is rigorous or not directly determines whether the property service enterprises can effectively guard against legal risks and carry out property service activities smoothly, thus ultimately determining the survival and development of the property service enterprises.

Property service contract is the core of the whole property service relationship. It is an important legal document to establish the relationship between the owner and the property service enterprise, and it is a "legal norm" to bind the behavior of both parties. Both sides should pay full attention to it, especially to understand their rights and obligations. Matters that are not specified or vaguely specified by law shall be clearly stipulated in the contract.

According to Article 36 of the Property Management Regulations, "a property service enterprise shall provide corresponding services in accordance with the stipulations of the property service contract. If the realty service enterprise fails to fulfill the stipulations of the realty service contract, causing personal and property safety damage to the owner, it shall bear corresponding legal responsibilities according to law. "

Article 3 of the Supreme Court's Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Property Service Disputes (Fa Shi No.20098) stipulates that "if a property service enterprise fails to perform or fails to fully perform the maintenance, conservation, management and repair obligations stipulated in the property service contract or determined by laws, regulations and relevant industry norms, the people's court shall support it if the owner requests the property service enterprise to undertake the liabilities for breach of contract such as continuing to perform, taking remedial measures or compensating for losses."

Article 4 of the judicial interpretation stipulates that "if the owner violates the property service contract or the laws, regulations and management regulations to hinder the property service and management, and the property service enterprise requests the owner to bear the corresponding civil liabilities such as restoring the original state, stopping the infringement and removing the obstruction, the people's court shall support it."

It can be seen that the property service contract is the basis for both parties to enjoy rights and perform obligations, and both parties to the contract must abide by it. Any party who violates the agreement will bear the corresponding legal consequences.

(The above answers were published on 20 13-05-20. Please refer to the actual situation for the current purchase policy. )

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