Is there no contract for the property?

Nowadays, people's pursuit of quality of life is getting higher and higher, and of course, the requirements for property services are getting higher and higher, because if the service quality is not in place, they will not renew the contract with the property, so the service quality of the property really ranks first. So, is there no contract for the property? Let's take a look together. 1. Is there no contract for the property?

The owner may not sign a property contract with the property, and the property company must sign a property contract with the owner as follows:

(1) For the project under development and construction, the developer and the property management company shall sign the preliminary property management contract.

(two) formal projects, only one or several big owners, the owners directly signed the "property service contract" with the property management company.

(three) formal projects, there are multiple owners, by the owners' meeting resolution, and by the owners' committee and the property company signed a "property service contract".

The property company does not need to sign a property contract with the owner:

If it is residential, usually the property company will not sign a property contract with a specific owner. Because the services provided by property management companies are mainly public areas and public facilities, no owner can be fully responsible for the clients. Therefore, only developers and industry committees can sign property contracts with property companies. Developers and industry committees represent all owners in the contract. Therefore, although there is no contract with specific owners, the property company must also perform the contract and assume management responsibilities; Similarly, owners must also abide by the obligation to pay property fees.

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 realty 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.

(three) the 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 commitment contracts, paid contracts, bilateral contracts and important 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 are the main terms of the realty service contract?

Generally speaking, the main terms of a property management contract are composed of the following aspects:

(a) the basic situation of the parties and the property, mainly to confirm and record the qualifications of both parties and the basic situation of the property management activities.

(2) The rights and obligations of both parties are mainly the terms that the owner or user pays the property management fee and the property management company provides corresponding services. This is the most important clause in the property management contract, and the specific content varies with different types of management projects. Generally speaking, there is a difference between property management which focuses on management services and property management which pays equal attention to rental operation and entrusted management.

(3) Property management services and service quality. This is generally agreed by the parties themselves, and most local laws and regulations stipulate the bottom line, but the situation stipulated in various places is uneven. It can be referenced that the International Health Organization (WHO) has formulated standards for safe, healthy, convenient and comfortable living environment for the management of all buildings, which can be summarized as: (1) fire prevention, such as strengthening the management of fire-fighting equipment and facilities; (2) Cleaning and maintenance, regularly cleaning up garbage, cleaning ditches, cleaning external walls, etc. ; (3) Maintenance of public facilities, maintenance of hydropower machinery, and regular inspection of public elevators and air-conditioning equipment; (4) Arrange flowers and trees, trim flowers and trees, and replace litter at any time. These four benchmarks should also be the standard requirements of property management.

(four) the standard and collection method of property management service fees. Property management contracts are all paid contracts, so the terms of price and remuneration are their natural main terms.

(5) Measures for the use, management and cost sharing of property management service rooms. This is a special clause in the property management contract, mainly to facilitate the property management unit to fulfill its management obligations.

(6) Provisions on the collection and use of road maintenance fees. Maintenance fees are generally independent of property management service fees, and their collection methods are mainly agreed by both parties to the contract.

(VII) The term of validity of the contract, the termination of the contract and related matters after the termination of the contract are mainly the transfer of property rights information. There is a difference between the termination of property management services and the termination of general contracts. Under normal circumstances, both parties to a property management contract may not terminate the contract at any time. If one party proposes to terminate the contract within the term of the contract, it must negotiate according to the specific terms of the contract, reach an agreement through negotiation or the court or arbitration institution shall confirm the validity of the termination of the contract.

(8) Liability for breach of contract and dispute settlement methods. Although the property management relationship only takes effect between the owner, the user and the property management company, due to the particularity of the property management relationship, the neighborhood Committee, urban construction department and municipal departments where the property is located also enjoy certain administrative management and supervision functions, so the dispute settlement and dissolution of the property management relationship is different from other contracts.

(nine) other major terms agreed by both parties according to the specific circumstances. Therefore, compared with other contracts, the property management contract has its particularity in many aspects, but in theory and practice, scholars and judges have not paid corresponding attention to it. At present, there are two popular views on the nature of property management contract, that is, property management contract is a kind of entrustment contract, or property relationship is a special type of agency system in civil law, and property management contract is also a contract to establish agency relationship. These two views will be reviewed separately below.

The above is a detailed introduction about whether there is no property contract for you. To sum up, I remind you that the owner does not have to sign a property contract with the property, but if there is no property contract, but the owner actually enjoys the property service, the owner cannot refuse to pay the property fee on the grounds that the property contract has not been signed.