What should I do if I violate the property law?

1. What should I do if the property violates the property contract?

If the property violates the property contract, it shall be liable for breach of contract in the following ways:

(1) Continue to perform the contract

Continuing to perform the contract, that is, compulsory performance of the contract, means that after the owner, the owners' meeting or the property management company breaches the contract, the other party can ask the defaulting party to continue to perform the contractual obligations of the unfulfilled property management service contract in order to achieve the expected goal of the property management service contract. From the essence of contract, the existence of contract mainly lies in promoting transaction, protecting transaction and saving transaction. When the transaction goes wrong, the contract works like a doctor, trying to get the transaction out of danger and get a new life instead of killing it easily. Continuing to perform a contract is a kind of relief when the parties to the contract fail to perform or do not perform completely. After one party breaches the contract, it is the right given to the other party by law to request compulsory performance of the contract.

(2) Take remedial measures

Taking remedial measures means that one party breaches the contract, and the other party has the right to ask the breaching party to take remedial measures to correct it. For example, if the property management company fails to maintain the public facilities as agreed in the property management service contract, the owners and the owners' general assembly may request to take remedial measures to re-maintain or repair or replace the public facilities. If the parties to the contract take remedial measures and make corrections within the performance period, they will not bear other liabilities for breach of contract; If it is completed after the expiration of the performance period, the breaching party shall also bear the liability for breach of contract for delayed performance.

(3) liquidated damages

Liquidated damages refer to the amount that both parties agree in the contract or legally stipulate that one party should pay to the other party after breach of contract. For example, the owners and owners' assembly violate the provisions of the bidding law, do not sign a property management service contract with the winning property management company, or change the core content of bidding after winning the bid, and the property management company has the right to require the defaulting owners and owners' assembly to pay liquidated damages in accordance with the bidding agreement. For another example, in the property management service contract, both parties agree that the property management service will reach a certain level after the agreed time limit, and if it fails to reach it within the time limit, the breaching party shall pay the liquidated damages according to the contract.

(4) Compensation for losses

Compensation for losses refers to the liability for breach of contract that one party should bear to compensate the other party for losses when it causes losses to the other party. Compensation for losses is the most commonly used and important relief measure. It can be used together with other forms of responsibility, or it can be applied separately.

Second, what is a property service contract?

(a) the realty service contract refers to the realty service enterprise and the owners' committee, which stipulates that the realty service enterprise shall carry out professional maintenance, conservation, management and maintenance of the environmental sanitation and public order in the relevant areas, and the owners shall pay remuneration.

(B) the characteristics of the property service contract

1. The property service contract is a civil contract based on equality and voluntariness. Traditionally, the property service contract is also called the property management contract, but it is essentially different from the administrative contract signed by the administrative organ with the relevant units to realize the administrative authority.

2. Property service contract is a special entrustment contract. The property service contract is based on the entrustment of the owners' congress and the owners' committee, but it is different from the general entrustment contract. According to Article 919 of the General Principles of Civil Law of People's Republic of China (PRC): "An entrustment contract is a contract in which the client and the trustee agree that the trustee will handle the client's affairs." The entrustment contract is based on mutual trust. Either party to the entrustment contract loses trust in the other party and can terminate the entrustment relationship at any time. During the performance of the realty service contract, the realty company, the owners, the owners' assembly and the owners' committee are not allowed to terminate the realty service contract without authorization on the grounds of distrust, and the realty service contract can be terminated according to law only if the termination conditions stipulated by law or agreed in the contract are met. In addition, the entrustment contract can be paid, unpaid, oral and written, but the property service contract can only be written and paid.

3. Property service contract is a contract with labor as the subject matter. The obligation of the realty service enterprise is to provide labor services such as house maintenance, equipment maintenance, public security, sanitation, landscaping, etc. as agreed in the contract. Property service enterprises have the right to receive remuneration after completing the agreed obligations. There are also essential differences between property service contracts and contracts involving the provision of labor services. A contract is a contract in which the contractor completes the work according to the requirements of the customizer, delivers the work results, and the customizer pays the remuneration. Although the contract also involves the provision of labor services, the labor services provided by the contractor are only means, not the purpose of the contract. The contractor should use his services to produce some materialized results and bear the risks in his work. If the contractor fails to complete the work, he shall not ask for remuneration. Property service contracts take specific services as their content. As long as the realty service enterprise completes the agreed service behavior, the remaining risks shall be borne by the owner.

4. Property service contracts are agreed contracts, paid contracts, bilateral contracts and compulsory contracts. The owners' committee and the realty service enterprise reach an agreement on the terms of the contract to establish the realty service contract, without taking the actual delivery of the property as an important element. The realty service enterprise is a profit-making enterprise legal person who obtains a business license, participates in market competition, operates independently and is responsible for its own profits and losses. There is no free property service, so the property service contract is a paid contract. According to the content of the realty service contract, the owners, owners' congress, owners' committee and realty service enterprise all enjoy the rights and perform their obligations, so the realty service contract is a two-way contract. The comprehensive service scope of the property service contract is wide, the interests are significant, and the performance period of the contract is relatively long. In order to avoid the weakness that oral contracts are difficult to obtain evidence, the property management regulations clearly require that property service contracts should be concluded in written form and reported to the property management administrative department for the record, so they are necessary contracts.

3. What is the time limit for signing the property contract?

1. The term of the property 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, and the longest term shall be calculated from the date when the owners' congress signs the realty service contract with the realty service enterprise it selects.

2. If the term of the realty service contract expires, the owners' meeting has not yet been established or the realty service enterprise has not been selected according to law, the original contract can continue to be performed until the new realty service contract begins to provide realty service.

3, the construction unit in the sale of property, should express the prophase realty service contract, and inform the owner of the name, office space, contact information and qualification level of the realty service enterprise.

According to the relevant provisions of the Civil Code, breach of contract shall bear the liability for breach of contract. Therefore, if the property violates the property contract, it shall bear the liability for breach of contract, that is, continue to perform, compensate for losses, pay liquidated damages or take remedial measures.