Is the property service contract valid without the signature of both parties?

1. Is the property service contract valid without the owner's signature?

According to Article 490 of the General Principles of the Civil Law, if the parties conclude a contract in the form of a contract, the contract is established when the parties sign, seal or press their fingerprints. Before signing, sealing or fingerprinting, one party has fulfilled its main obligations, and the contract is established when the other party accepts it. The property service is valid if the owner does not sign a property contract but actually accepts the property service. Moreover, the property service contract is a collective contract with a large number of owners. The main body of the realty service contract is the realty service provider, the construction unit or the owners' committee. Owners must decide to terminate the property service contract in accordance with legal procedures, and individual owners can use property rights to terminate the contract. According to Article 944 of the General Principles of the Civil Law, if the property service provider has provided services in accordance with the agreement and relevant regulations, the owner shall not refuse to pay the property fee on the grounds that he has not accepted or does not need to accept the relevant property services.

Second, how to review the property service contract

1. Review the subject qualification of property service providers. Pay attention to the selection of property service personnel who have certain professional strength and can guarantee the quality of service.

2, review the specific content and specific expression is reasonable and legal, focusing on whether the property service contract clearly stipulates the obligations of the property service provider.

(1) Property service providers are obliged to provide property services in person. According to Article 94 1 of General Principles of Civil Law, a property service provider shall not entrust all the property services it should provide to a third party, nor shall it entrust all the property services it has dismantled to a third party. However, property service providers should be allowed to entrust some services to more professional institutions or personnel according to their own staffing situation.

(2) The obligation of property service providers to provide property services appropriately. According to Article 942 of the General Principles of Civil Law, the property service provider shall, in accordance with the agreement and the nature of the use of the property, properly repair, maintain, clean, afforest and manage some owners in the property service area, maintain the basic order of the property service area, and take reasonable measures to protect the personal and property safety of the owners. Property services in violation of public security, environmental protection, fire protection and other laws and regulations, property service providers should take timely and reasonable measures to stop it, report to the relevant administrative departments, and deal with it through assistance.

(3) Property service providers have the obligation to disclose and report. According to Article 943 of the General Principles of the Civil Law, the property service personnel shall regularly disclose the service items, responsible personnel, quality requirements, charging items, charging standards, performance, use of maintenance funds, partial operation and income to the owners in a reasonable way, and report to the owners' meeting and owners' committee.

(4) The property contract shall not stipulate that when the owner fails to pay the property fee, the property service provider may stop power supply, water supply, heat supply and gas supply to urge the payment of the property fee. If the owner fails to pay the property fee within the time limit, the property service personnel can only call for it by urging, and urging is the pre-procedure for filing a lawsuit or applying for arbitration.

3, review the terms of the contract is complete.

According to Article 938 of the Civil Code, the contents of a realty service contract generally include terms such as service items, service quality, service fee standards and collection methods, use of maintenance funds, management and use of service places, service term and service handover. As a typical contract stipulated in the Civil Code, the legal provisions can standardize the property service contract, which is helpful for the parties to improve the contract content and make up for the shortcomings agreed by the parties.

4. Review the formal requirements of the realty service contract.

The property service contract belongs to the collective contract, and the legal subject of concluding the contract is the construction unit or the owners' committee. The construction unit may conclude a preliminary realty service contract with the realty service provider according to law; The owners' committee shall conclude a realty service contract with the realty service provider selected by the owners' congress according to law. The prophase realty service and realty service contract are legally binding on the owners. In addition, the property service contract is a necessary contract and should be in written form. According to Article 490 of the Civil Code, the parties conclude a contract in the form of a contract, and the contract is established when the parties sign, seal or press their fingerprints. Whether the parties to the contract sign or seal.

Three, what is the scope of the property service contract?

Property service providers may entrust special services within the management area to third parties, but may not entrust all property services to third parties, or entrust them to third parties after settlement. The main purpose of this regulation is to protect the legitimate rights and interests of owners and promote the healthy development of the property service industry. Based on the above considerations, some special services are allowed to be subcontracted, and for this reason, all are forbidden to be subcontracted. This is similar to the construction project contract. In order to prohibit the contractor from subcontracting to a third party to obtain illegal benefits, the law stipulates that the contractor shall not subcontract all the construction projects he contracted to a third party, or subcontract all the construction projects he contracted to a third party in the name of subcontracting. Contracts that make illegal profits through subcontracting are usually regarded as invalid contracts in judicial practice. The property service is valid if the owner does not sign a property contract but actually accepts the property service.