Legal provisions of invalid property contract

Legal provisions on the invalidity of property service contracts;

According to the relevant provisions of the Civil Code of People's Republic of China (PRC), if the realty service contract violates the mandatory provisions of laws and administrative regulations, or the agreement is invalid, the realty service contract may be deemed invalid.

The legal provisions of invalid property contracts are mainly reflected in the following aspects:

1. Contract concluded by means of fraud or coercion: If one party concludes a contract by means of fraud or coercion, which harms the national interests, the contract is invalid.

2. Malicious collusion harms interests: If the parties collude maliciously and harm the interests of the state, the collective or a third party, the contract is invalid.

3. Violation of mandatory provisions of laws and administrative regulations: If a contract violates mandatory provisions of laws and administrative regulations, the contract is invalid unless the mandatory provisions do not invalidate civil juristic acts.

4. Violation of public order and good customs: A civil legal act that violates public order and good customs is invalid.

5. Civil juristic acts carried out by persons without capacity for civil conduct: Civil juristic acts carried out by persons without capacity for civil conduct are invalid.

6. Civil juristic acts carried out with false will: Civil juristic acts carried out by the actor and the counterpart with false will are invalid, but the validity of hidden civil juristic acts shall be handled in accordance with relevant laws and regulations.

To sum up, according to the provisions of China's Civil Code, invalid property service contracts are not protected by law. After the contract is invalid or cancelled, the property acquired as a result of the contract shall be returned; If it is impossible or unnecessary to return it, it shall be compensated at a discount.

Legal basis:

People's Republic of China (PRC) Civil Code

Article 157

Legal Consequences of Invalidation, Cancellation or Confirmed Invalidation of a Civil Legal Act After the civil legal act is invalid, revoked or confirmed invalid, the property acquired by the actor due to the act shall be returned; If it is impossible or unnecessary to return it, it shall be compensated at a discount. The party at fault shall compensate the other party for the losses thus suffered; If all parties are at fault, they shall bear their respective responsibilities. Where there are other provisions in the law, those provisions shall prevail.