Contents and elements of property service contract

When buying a house, I promised to enjoy property services, but I found that I couldn't meet the requirements at all after I checked in. However, in the face of such an encounter, many owners often have to eat dumb losses.

Property service contract

In fact, when the owner buys a house, the developer should be equipped with a property company, and the property company should also sign a property service contract with the owner to make a detailed agreement on what property services to provide after moving in.

According to experts from the housing management department, although many new buildings have been rented by developers through bidding before the pre-sale permit is issued, most of them are auction houses, and the residential property situation is very bad. When the owner buys a house, he can only listen to the introduction of the developer. After check-in, I found that the property service did not match the promise, but I didn't sign the original detailed contract when I was looking for the property company theory, and I lacked the rights protection certificate. According to the relevant regulations of the state, the developer should equip the community with a property management company when selling the house, and the owner should sign a property service contract with the property management company when purchasing the house. What management services the owners can enjoy and what public facilities and equipment are available in the community should be listed.

Generally speaking, the main terms of a property service contract are composed of the following aspects:

1, the basic situation of the parties and the property, mainly to confirm and record the qualifications of both parties and the basic situation of the property management activities.

2. The rights and obligations of both parties are mainly the terms that the owner or user pays the property management fee and the property management company provides corresponding services. This is the most important clause in the property management contract, and the specific content varies with different types of management projects. Generally speaking, there is a difference between property management which focuses on management services and property management which pays equal attention to rental operation and entrusted management.

3. Property management service and service quality. This is generally agreed by the parties themselves, and most local laws and regulations have set the bottom line, setting the standards for safe, healthy, convenient and comfortable living environment for the management of all buildings. To sum up, there are four points: (1) fire prevention, such as strengthening the management of fire fighting equipment and facilities; (2) Cleaning and maintenance, regularly cleaning up garbage, cleaning ditches, cleaning external walls, etc. ; (3) Maintenance of public facilities, maintenance of hydropower machinery, and regular inspection of public elevators and air-conditioning equipment; (4) Arrange flowers and trees, trim flowers and trees, and replace litter at any time. These four benchmarks should also be the standard requirements of property services.

4. Standards and collection methods of property management service fees. Property service contracts are all paid contracts, so the terms of price and remuneration are the main terms of nature.

5, the use of property management services, management and cost sharing methods. This is a special clause in the property management contract, mainly to facilitate the property management unit to fulfill its management obligations.

6, maintenance fee collection and terms of use. Maintenance fees are generally independent of property management service fees, and their collection methods are mainly agreed by both parties to the contract.

7. The term of validity of the contract, the termination of the contract and related matters after the termination of the contract are mainly the transfer of real estate information. There is a difference between the termination of property management services and the termination of general contracts. Under normal circumstances, both parties to a property management contract may not terminate the contract at any time. If one party proposes to terminate the contract within the term of the contract, it must negotiate according to the specific terms of the contract, reach an agreement through negotiation or the court or arbitration institution shall confirm the validity of the termination of the contract.

8. Liability for breach of contract and dispute settlement methods. Although the property management relationship only takes effect between the owner, the user and the property management company, due to the particularity of the property management relationship, the neighborhood Committee, urban construction department and municipal departments where the property is located also enjoy certain administrative management and supervision functions, so the dispute settlement and dissolution of the property management relationship is different from other contracts.

9. Other major clauses agreed by both parties according to specific conditions.

Therefore, compared with other contracts, the property service contract has its particularity in many aspects, but in theory and practice, scholars and judges have not paid corresponding attention to it. At present, there are two popular views on the nature of property management contract, that is, property management contract is a kind of entrustment contract, or property relationship is a special type of agency system in civil law, and property management contract is also a contract to establish agency relationship. These two views will be reviewed separately below.

(The above answers were published on 20 13-04-23. Please refer to the actual situation for the current purchase policy. )

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