What are the types of property contracts?

1. What is the difference between the previous realty service contract and the realty service contract?

The service content clauses in the realty service contract are basically the same as those in the previous realty 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 owner and the property management enterprise.

(2) The contract term is different. Although the term of the preliminary realty service contract can be agreed, before the expiration of the term, the preliminary realty service contract will be terminated and the realty service contract signed by the owners' committee and the realty management enterprise will take effect again. The term of the realty service contract is agreed by both parties, which is clear and stable compared with the previous realty service contract.

The law provides that:

Article 285 of the Civil Code of People's Republic of China (PRC)

Relationship between the owner and the realty service enterprise or other managers: The realty service enterprise or other managers shall, upon the entrustment of the owner and in accordance with the provisions of the realty service contract in Part III of this Law, manage the buildings and their ancillary facilities within the building division, accept the supervision of the owner, and promptly answer the owner's inquiries about realty service.

Property service enterprises or other managers shall implement emergency measures and other management measures implemented by the government according to law, and actively cooperate with relevant work.

Article 286 of the Civil Code of People's Republic of China (PRC)

Owners' related obligations and responsibilities The owners shall abide by laws, regulations and management regulations, and the related behaviors shall meet the requirements of saving resources and protecting the ecological environment. For property service enterprises or other managers to implement emergency measures and other management measures implemented by the government according to law, the owners shall cooperate with them according to law.

If the owners or other actors refuse to perform relevant obligations, the parties concerned may report or complain to the relevant administrative departments, which shall deal with them according to law.

Article 287 of the Civil Code of People's Republic of China (PRC)

Protect the legitimate rights and interests of the owners. The owners have the right to require the construction unit, the property service enterprise or other managers and other owners to bear civil liability for acts that infringe upon their legitimate rights and interests.

Second, the conditions for the termination of the previous property service contract

The prophase realty service contract refers to the realty service contract signed by the construction unit and its entrusted realty service provider according to law. According to Article 940th of the General Principles of the Civil Law, if the realty service contract concluded by the construction unit and the realty service provider according to law comes into effect before the expiration of the service period stipulated in the previous realty service contract, the previous realty service contract will be terminated.

Handover obligations of property service providers

According to Article 949 of the General Principles of Civil Law, if the realty service contract is terminated, the original realty service provider shall withdraw from the realty service area within the agreed period or within a reasonable period, return the realty service premises, related facilities and relevant materials necessary for realty service to the owners' committee, the owners who decide to manage themselves or other designated persons, cooperate with the new realty service provider to do a good job of handover, and truthfully inform the use and management of the property. If the original property service provider violates the handover obligation, after the termination of the property service contract, it shall not require the owner to pay the property fee, and shall compensate the owner for the losses caused.

Third, how to solve the expiration of the previous property service contract?

When the prophase realty service contract expires or the realty service contract signed by the owners' committee and the new realty service enterprise comes into effect, the prophase realty service contract is terminated. After the termination of the realty service contract, whether to re-cooperate with the original realty service enterprise or hire a new realty service enterprise shall be decided by the owners' meeting. According to Article 939 of the Civil Code, the preliminary realty service contract concluded by the construction unit and the realty service provider according to law, and the realty service contract concluded by the owners' committee and the realty service provider selected by the owners' congress according to law are legally binding on the owners. According to Article 940th of the General Principles of the Civil Law, if the realty service contract concluded by the construction unit and the realty service provider according to law comes into effect before the expiration of the service period stipulated in the previous realty service contract, the previous realty service contract will be terminated. To sum up, the subject of the preliminary property contract is different from that of the property contract. The main body of the preliminary property contract is the development and construction unit and the property company, and the main body of the property contract is the owners' committee and the property company. The term of the contract is different, and the term of the early property management is uncertain. The end time naturally ends when the industry Committee selects a new property company.