Job Recruitment Website - Property management company - What are the main terms of the property management contract?
What are the main terms of the property management contract?
(1) Basic information of both parties and entrusted property management;
(2) Property management services and service quality requirements;
(three) the standard and collection method of property management service fees;
(4) The term of the contract, the agreement on the termination and rescission of the contract, the property management service fee, the balance maintenance fee, the property management premises, and the transfer method of the property information. Received in advance when the contract is terminated;
(five) the liability for breach of contract and the way to resolve disputes;
(6) Other matters agreed by both parties.
Property management contract, also known as "property management service contract", is a contract signed by the entrusting party and the property service enterprise on the basis of equality, voluntariness and unanimity according to the Contract Law of People's Republic of China (PRC), the Measures for the Administration of Newly-built Urban Residential Quarters No.33 issued by the Ministry of Construction and its detailed implementation rules.
Based on the principle of freedom of contract, the parties can conclude any creditor's rights contract within the scope of not violating the mandatory provisions of the law or public order and good customs, which is the principle of freedom of creditor's rights contract.
Although the civil law does not adopt the principle of type compulsion for contracts, for some common contracts in daily life, the contract laws of various countries generally stipulate famous contracts in the specific provisions. According to the explanation of scholars, this is based on two functions. First of all, it supplements the unprepared agreement with arbitrary terms. Second, protect the interests of the parties with mandatory provisions.
Looking up the relevant provisions of the current contract law, we can find that there are no special provisions on property management contracts. In the current legislation, the property management contract should belong to a kind of nameless contract.
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