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What are the ways to conclude a property service contract?
Clarify the rights and obligations of owners and property management companies, and the verbal commitments of developers and property management companies should be implemented in the agreement, and there must be evidence to follow; Clarify the specific content of the property management company's provision of property services, whether its responsibilities are clear, and whether the quality standards of property management services are detailed, quantified and based on assessment; Clarify the standard and payment method of property management service fee and whether the extraction of related fees is reasonable; In the agreement, specify the matters that the owner should abide by in the process of using the property; Whether the agreement on termination and dissolution of the agreement is clear and reasonable; Whether the definition of both parties' liability for breach of contract is clear and reasonable; Determine whether the property management enterprise has the corresponding qualification grade. Generally speaking, the higher the qualification level, the more professionals, the stronger the capital strength, the higher the service level and the larger the management scale. Property management companies that have not obtained qualification certificates have no right to engage in property management services.
Legal basis:
"People's Republic of China (PRC) Property Management Regulations" Article 21 Before the owners' meeting selects a realty service enterprise, the construction unit shall sign a written preliminary realty service contract.
Derivative problem:
What is property service? According to the hierarchical effect of law, administrative regulations must obey the law, including the principles and provisions of legislation; Property management itself is a kind of entrusted contract relationship with equal subjects, not an administrative relationship between superiors and subordinates. In order to avoid ambiguity, property management was renamed as property service. According to OrderNo. 164 of the Ministry of Construction in 2007, "Decision of the Ministry of Construction on Amending the Measures for the Administration of Qualification of Property Management Enterprises", "Property service enterprises refer to enterprises established according to law, with independent legal personality and engaged in property management services.
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