How to judge whether the property service contract is valid?

1. Pre-property service contract: the pre-property service contract signed by the construction unit and the property service enterprise according to law;

2. General realty service contract: the realty service contract signed by the owners' committee and the realty service enterprise selected by the owners' congress according to law.

A the hiring of the realty service enterprise or other managers is decided by the owners (with the consent of the owners whose exclusive parts account for more than half of the total construction area and more than half of the total number);

B. Property service contract signed by the owners' committee and the property service enterprise.

1. Invalid subcontracted realty service contract: the entrustment contract signed by the realty service enterprise to entrust all realty service businesses in the realty service area to others is invalid;

2. The clauses in the obviously unfair realty service contract are invalid: the clauses in the realty service contract that exempt the realty service enterprise from responsibility, increase the responsibility of the owners' committee or owners, and exclude the main rights of the owners' committee or owners are invalid.

Lawyer's tip

1 A valid property service contract is binding on the owner; The owner shall not raise a defense on the ground that he is not a party to the contract.

2 The subject who requests to confirm that the realty service contract is invalid or the terms of the realty service contract are invalid:

A. the owner;

B. the owners' committee.

3. Except that the subcontracting of the realty service contract is invalid and the obviously unfair is invalid, other invalid realty service contracts are determined in accordance with the contract law.

Legal link

law of property

Article 76 The following matters shall be decided by the owner:

(four) the selection and dismissal of property services companies or other management personnel;

Decisions on matters specified in items 5 and 6 of the preceding paragraph shall be subject to the consent of the owners whose exclusive parts account for more than two-thirds of the total building area and more than two-thirds of the total number of people. Decisions on other matters specified in the preceding paragraph shall be subject to the consent of the owners whose exclusive parts account for more than half of the total building area and more than half of the total number of people.

The Supreme People's Court's Interpretation of Several Issues Concerning the Specific Application of Law in the Trial of Property Service Disputes

Article 1 The preliminary realty service contract signed by the construction unit and the realty service enterprise according to law, and the realty service contract signed by the owners' committee and the realty service enterprise selected by the owners' congress according to law are binding on the owners. If the owner raises a defense on the grounds that he is not a party to the contract, the people's court will not support it.

Article 2 In any of the following circumstances, the people's court shall support the request of the owners' committee or the owners to confirm the invalidity of the contract or the relevant provisions of the contract:

(a) the entrustment contract that the realty service enterprise entrusts all the realty service business in the realty service area to others;

(2) clauses in the realty service contract that exempt the realty service enterprise from its responsibilities, increase the responsibilities of the owners' committee or owners, and exclude the main rights of the owners' committee or owners.