Early real estate contracts that are most easily overlooked in the process of buying a house

When you choose a house to sign a contract, you will find that there are many things to sign, including the preliminary property contract and the temporary statute. So, what's the use of the preliminary property contract? Now Bian Xiao will give you a detailed introduction.

First, the concept of prophase realty service contract

Under normal circumstances, the owners' congress and the owners' congress select the realty service enterprise to carry out the work, and the realty service contract is signed by the owners' congress and the realty service enterprise. However, after the completion of the property and before the establishment of the owners' meeting, property management activities must be carried out. As the owners' meeting has not yet been established, it is impossible for the owners' committee to sign a property service contract with the property service enterprise selected by the owners' meeting on behalf of the owners. Therefore, in order to avoid the vacuum of property management before the owners' meeting selects and hires property service enterprises, clarify the responsible subject of property management services in the early stage, and standardize the property management activities in the early stage, the Property Management Regulations clearly stipulate that the construction unit should select and hire property service enterprises in the early stage. In this case, the realty service contract signed by the construction unit and the realty service enterprise is called the prophase realty service contract.

Article 21 of the Property Management Regulations stipulates: "Before the owners' meeting selects a property service enterprise, the construction unit shall sign a written preliminary property service contract. "Article 25:" The sales contract signed by the construction unit and the property buyer shall include the contents stipulated in the previous property service contract. "The parties to the preliminary realty service contract not only involve the construction unit and the realty service enterprise, but also involve the owners.

Second, the characteristics of the previous property service contract

The prophase realty service contract plays an important role in the smooth connection of key links from construction to management, and has the following characteristics:

1. The prophase realty service contract is signed by the construction unit and the realty service enterprise.

This is because in the early stage of property management, the first owners' meeting has not yet been held, and the owners cannot form a unified will to decide how to hire a property service company. At this time, it is necessary to implement property management. In order to maintain the normal property order and protect the legitimate rights and interests of all owners, the Property Management Regulations stipulates that if a construction unit selects a property service enterprise, it shall sign a preliminary property service contract with the property service enterprise. Usually, in the temporary management agreement signed by the purchaser, the content of the preliminary property service contract signed by the construction unit is clearly stipulated. As the initial owner of the property, the construction unit naturally enjoys the priority of hiring the property service enterprise for the first time. The authorization of the temporary management agreement and the initial property right of the construction unit constitute the legal basis for signing the preliminary property service contract.

The term of the preliminary property refers to the period from the first owner to the completion of the handover of the shared part of the property between all owners and developers.

2. The prophase realty service contract is transitional.

"Property Management Regulations" clearly stipulates the term of the preliminary property service contract, which only exists in the transitional period before the owners' meeting and the owners' meeting select the property service enterprise. The sale of real estate and the occupancy of owners are a continuous process. The uncertainty of the time for owners to hold the first owners' meeting determines the uncertainty of the time for owners and owners' meeting to hire property service enterprises. Therefore, the period of pre-property services is also uncertain. However, once the owners' meeting is established and a realty service enterprise is selected, the realty service contract signed between the owners' committee and the realty service enterprise will take effect, and the prophase realty service contract will be terminated, which means that the prophase realty management stage is over and the usual realty management stage is entered.

3. The prophase realty service contract is an indispensable contract.

A necessary contract refers to a contract that must have a certain form according to the law. As the preliminary property management involves the public interests of the majority of owners, in order to prevent the construction unit from encroaching on or not knowing the interests of future owners, the property management regulations require that the preliminary property service contract be signed in writing. A written request for the form of the contract is convenient for clarifying the responsibilities and rights of the contract subject, and preventing the construction unit and the property service enterprise from infringing on the owner's rights and interests, and disputes are well documented.

4. The prophase realty service contract is mainly signed through bidding.

Although the construction unit has the right to select and employ the prophase realty service enterprise, due to the absence of the owner's representative in the prophase realty management stage, the content of the prophase realty service contract is closely related to the owner's vital interests, and an open, fair and just competition mechanism should be introduced into the selection process of the prophase realty service enterprise. Moreover, the bidding method embodies the market principle of equal opportunity, which is not only conducive to preventing the construction unit from using its dominant position to damage the rights and interests of the owners, but also conducive to the equal participation of property service enterprises in market competition. Therefore, Article 24 of the Regulations on Property Management stipulates: "The state encourages the construction unit to choose a property management enterprise with corresponding qualifications through bidding according to the principle of separating real estate development from property management. The construction unit of residential property shall select a property management enterprise with corresponding qualifications through bidding; If there are less than three bidders or the residential scale is small, with the approval of the real estate administrative department of the district or county people's government where the property is located, the property management enterprise with corresponding qualifications can be selected by agreement. "

Third, the difference and convergence between the previous property service contract and the general property service contract.

The service content clauses in the Property Service Contract are basically the same as those in the previous Property Service Contract, and the main differences are as follows:

1. The parties to a contract are different. The parties to the prophase realty service contract are the realty development and construction unit and the realty management enterprise; The parties to a property service contract are the owners (or owners' assembly) and the property management enterprise.

2. The contract terms are different. Generally speaking, the term of the property service contract is agreed by both parties. Compared with the previous property service contract, it has the characteristics of clear term and strong stability. Article 26 of the Property Management Regulations stipulates: "The prophase property service contract may stipulate the time limit; However, before the expiration of the term, the property service contract signed by the owners' committee and the property management enterprise takes effect, and the previous property service contract is terminated. "This clause not only explains the term of the previous property service contract, but also stipulates the connection between the two contracts.

The signing of the preliminary realty service contract between the construction unit and the realty service enterprise is only an expedient measure when the owner has no right to choose and hire the realty service enterprise by himself. Therefore, after the conditions for the owners to choose and employ property service enterprises are met, they must be given the autonomy to choose and employ property service enterprises.

(The above answers were published on 2015-11-10. At present, please refer to the actual situation for the relevant purchase policy. )

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