What if there is no deadline for the property pre-contract?

China's laws have no specific requirements on the duration of the preliminary realty service contract, but according to the regulations, the construction unit shall sign a written preliminary realty service contract before the owners and the owners' general meeting hire realty service enterprises. Article 26 stipulates that the early realty service contract may stipulate the time limit; However, if the realty service contract signed by the owners' committee and the realty service enterprise takes effect before the expiration of the term, the prophase realty service contract shall be terminated. Our country's laws have no specific requirements for the term of the prophase property management service contract, that is, the term can be agreed or not. But it doesn't just mean that as long as the term is agreed, the preliminary property contract should not be terminated until the contract expires. The term of the realty service contract is two to five years. The specific term of the prophase realty service contract shall be agreed by the construction unit and the realty service enterprise. According to the Regulations on Property Management, the prophase realty service contract has no contract term, that is to say, the prophase realty service contract can be signed with or without a term. However, it is stipulated that after the establishment of the owners' congress, the prophase realty service contract is invalid when the owners' congress decides to sign a realty service contract with a realty company or other realty companies, or when the industry committee, the executive body of the owners' congress, notifies the realty company to evacuate for autonomous management. China's property law stipulates that the owners' congress can independently manage the property management area, can hire property management professionals to provide daily management services in the property management area, and can also hire property companies to provide management services in the management area. The term of the prophase realty service contract is not an important indicator of the contract. If the owners' meeting is not established after the expiration of the contract, the previous property service contract will continue to be valid.

How many years is the term of the previous property service contract?

Generally speaking, the term does not exceed 3 years. Moreover, the property project owners' meeting was held, and after the establishment of the industry Committee, the contract was automatically terminated regardless of whether it expired or not. The owners' committee and the property management company shall separately sign a formal property management contract.

To sum up, under normal circumstances, the term of the preliminary property service contract does not exceed 3 years, and after the owners' meeting is held and the property management committee is established, the contract will automatically terminate regardless of whether it expires, and the formal property management contract will be signed separately by the owners' committee and the property management company.

Legal basis: According to the provisions of Article 21 of the Property Management Regulations, before the owners and owners' general meeting select the property service enterprise, the construction unit shall sign a written preliminary property service contract.

Article 26 stipulates that the early realty service contract may stipulate the time limit; However, if the realty service contract signed by the owners' committee and the realty service enterprise takes effect before the expiration of the term, the prophase realty service contract shall be terminated.