What should property and developers do if they shirk each other?

Disputes between property and developers can be resolved through negotiation, mediation, arbitration, complaint or prosecution. Property disputes are civil disputes, which can be handled according to the above different procedures, and the specific circumstances can be determined according to the actual situation.

First, how to deal with disputes between property and developers?

Disputes between property and developers are handled in the following ways:

1, settled through negotiation

The Regulations on Property Management clearly stipulates the rights and obligations among owners, owners' committees and property management companies. Owners and property management companies can resolve management disputes through consultation on a voluntary and equal basis in accordance with relevant laws and regulations, management statutes and property management contracts.

2. Third-party mediation

This means that the owner and the property management company can submit the dispute to a third person, and the third person will preside over the negotiation between the two parties, so as to urge the two parties to reach a mediation agreement on the basis of voluntariness and equality. General mediation can be divided into three types: civil mediation, administrative mediation and judicial mediation. For example, it can be mediated by the people's mediation Committee where the property company is located.

3. Submit to the arbitration organ for arbitration.

This means that after a dispute between the owner and the property management company, according to the provisions of Article 4 of China's Arbitration Law, in accordance with the arbitration clause in the property management company or the arbitration agreement reached voluntarily after the dispute occurs, the dispute will be submitted to the arbitration institution with management power, that is, the arbitration commission where the property management company is located.

Step 4 complain

When there is a dispute between the owner and the property management company, the owner may complain to the real estate administrative department of the local people's government at or above the county level according to Article 49 of the Property Management Regulations.

Step 5 file a lawsuit

If the owner can't solve the dispute through the above four channels, he can submit the dispute to the court or directly file a lawsuit with the local people's court, requesting the court to exercise judicial power to solve the dispute according to law.

6. Change the property management company

If the above methods can't satisfy the owner, the owner can change the property management company.

Second, the provisions of the civil law on the property service contract.

Article 947 If the owner decides to renew the employment according to law before the expiration of the realty service term, it shall renew the realty service contract with the original realty service provider before the expiration of the contract term.

If the realty service provider does not agree to renew the employment before the expiration of the realty service period, it shall notify the owner or the owners' committee in writing 90 days before the expiration of the contract period, unless the notice period is otherwise stipulated in the contract.

Article nine hundred and forty-eight

After the expiration of the property service period, if the owner fails to make a decision to renew or hire the property service provider according to law, and the property service provider continues to provide property services, the original property service contract will remain valid, but the service period is uncertain.

Both parties may terminate the indefinite property service contract at any time, but shall notify the other party in writing 60 days in advance.

Article nine hundred and forty-nine

Where the realty service contract is terminated, the original realty service provider shall withdraw from the realty service area within the agreed time limit or reasonable time limit, return the realty service premises, related facilities and relevant information necessary for realty service to the owners' committee, the owner who decides to manage by himself or the person designated by him, cooperate with the new realty service provider to do a good job in handover, and truthfully inform the use and management of the property.

If the original property service provider violates the provisions of the preceding paragraph, the owner shall not be required to pay the property fee after the termination of the property service contract; If losses are caused to the owner, it shall compensate for the losses.

Article nine hundred and fifty

After the termination of the realty service contract, the original realty service provider shall continue to handle the realty service matters before the new realty service provider selected by the owner or the owners' congress or the owner who decides to manage it by himself takes over, and may require the owner to pay the realty fee during this period.

Disputes between property and developers can also be identified as civil disputes. When establishing a cooperative relationship, both parties generally sign a contract, which can be handled according to the liability for breach of contract in the contract. If the relevant situation is unclear, you can hire a lawyer to identify the relevant disputes and defend your rights through legal channels.