What are the invalid situations of the property contract?

First, confirm that the property contract is invalid

Property service enterprises or other managers shall manage the buildings and their ancillary facilities within the building division according to the entrustment of the owners and accept the supervision of the owners.

The preliminary realty service contract signed by the construction unit and the realty service enterprise according to law, and the realty service contract signed by the owners' committee and the realty service enterprise selected by the owners' congress according to law are binding on the owners. The owner shall not defend himself on the grounds that he is not a party to the contract.

In any of the following circumstances, the owners' committee or the owners have the right to request the people's court to confirm that the contract (including the previous realty service contract) or its relevant clauses are invalid:

(1) The entrustment contract in which the realty service enterprise entrusts all realty services within the realty service area to others; (2) clauses in the realty service contract that exempt the realty service enterprise from its responsibilities, summarize the responsibilities of the owners' committee or owners, and exclude the main rights of the owners' committee or owners. If the realty service enterprise fails to perform or fails to fully perform the maintenance, conservation, management and repair obligations agreed in the realty service contract or determined by laws, regulations and relevant industry norms, the owners have the right to require the realty service enterprise to bear the liabilities for breach of contract such as continuing to perform, taking immediate measures or compensating for losses.

Second, what should I do if there are problems during the contract period?

(1) What should I do if there are problems with public facilities during the warranty period?

During the warranty period, the installer is mainly responsible for the maintenance or replacement of public facilities. The process is as follows: the owner reflects the problem to the property, the property accepts the complaint, and the public equipment and facilities within the warranty period are submitted to the developer, who will contact the installer to replace them at home.

If the property is not handled in a coordinated way, we can first make it clear that there is a problem in that link, whether there is no contact with the property or the developer, or whether the installer is not on the scene, and the developer will generally deduct the balance of the installer. If it is a stubborn problem, it has not been solved within the warranty period. Once the warranty period is out, it will become a legacy problem and it is difficult to judge. It is best to communicate with the property management company and follow up the progress.

(2) What should I do if the property rises for no reason?

Owners can check the charging license of the property management company, and whether the price increase has been approved by the National Development and Reform Commission. If they are not approved, they can complain to 12358. If the owner thinks that the price increase of the property is inconsistent with the service and has any complaints about the property service, he can complain to the property office in his residential area, and the property office will investigate and deal with it.

(3) What if the property service is not in place?

Owners should distinguish which problems should be the responsibility of developers and which problems should be the responsibility of property management companies according to the stipulations of property service contracts and housing contracts. If the owners are not satisfied with the property service, they can report to the owners' committee of this community, and the owners' committee will communicate with the property service enterprises to urge them to improve their service quality. If there is no owners' committee in the community, the owners can also complain to the property management office or real estate administrative department in the community. The staff will investigate and ask the property management company to rectify. Refuse to rectify, will report to the property management office, and in the property management company qualification review for processing.

(4) Can I refuse to pay the property fee if the property service is not good?

If the owner refuses to pay the property fee because he thinks that the property service is not in place, the property company may file a lawsuit against the owner for refusing to pay the property fee according to the property contract. Because if the property company has performed the property service as agreed in the contract, the owner's refusal to pay the property fee is a violation of the property service contract, and the owner should pay the service fee as agreed. If the property management company fails to perform the property services as agreed in the contract, the owner can collect evidence and file a lawsuit, requiring the property management company to bear the liability for breach of contract and compensate for the losses.

The above is the specific content of confirming that the property contract is invalid, and what to do if there are problems during the contract period. I hope I can help you. Of course, in practice, there are more questions in this regard. If you want to know more about this legal issue, please contact our lawyer specifically, and we will conduct professional legal analysis for you according to your specific situation.