-
For the first question, property management and house sales are two separate legal relationships. One of the parties to the sale and purchase of a house is the developer and the other party is the buyer, and the relationship between the two is a contract of sale and purchase. The property management parties are the property management company on one side and the residents on the other, and the service contract relationship between the two is the one.
Although there is some overlap between these two contractual relationships in terms of subjects, for example, the buyer is often the resident, and the developer who sells the house may also assume the role of the property manager, in any case, the independence and distinction between the two contractual relationships cannot be erased. The property management fees, standards, service content, etc., are actually the rights, obligations, and responsibilities in the legal relationship of property management, which can only be established by the property management company.
Before the pre-sale of the house, the developer can negotiate a pre-property management agreement with the property management company to determine the content, method, and charges of property management services. Then, when selling the property, the developer can make necessary explanations and explanations on the relevant property management issues, so as to increase the selling point of the property, and at the same time facilitate the majority of buyers to make comprehensive comparisons, choices and decisions.
However, the developer cannot directly stipulate the specific content of property management in the sales contract, which is to overstep the authority and improperly dispose of the rights of others. The developer does not have the subject qualification to sign such a clause, and the property management company shall directly sign an agreement with the buyer.
Article 71 of the Supreme People's Court's "Opinions on Several Issues Concerning the Implementation of the General Principles of the Civil Law of the People's Republic of China" stipulates that if the actor misunderstands the nature of the act, the other party, the variety, quality, specification, and quantity of the subject matter, and the consequences of the act are contrary to his own intentions, and causes relatively large losses, it may be found to be a major misunderstanding.
According to the provisions of the General Principles of the Civil Law, in the event of a major misunderstanding, one party has the right to request the people's court or arbitration authority to modify or revoke it, and the revoked civil act shall be invalid from the beginning of the act. At the same time, Article 58 of China's Contract Law stipulates that after a contract is invalid or revoked, the property acquired as a result of the contract shall be returned; The party at fault shall compensate the other party for the losses suffered thereby.
That is to say, if the developer has promised the terms and contents of the property management in the purchase contract, and the buyer believes that he has been misled and signed the contract and suffered a large economic loss, the buyer can request to cancel the purchase contract and both parties will check out and refund the money. If the buyer suffers losses as a result, such as renovation costs, etc., they can file a claim for compensation.
-
Yes. Liability for breach of contract, requiring the developer to check out, make up the money or sue the court directly.
The property issue promised by the developer is valid as long as it is written into the contract. When there is an inconsistency at the time of occupancy, the developer defaults.
Check out: You don't want a house anymore and you can ask for contract cheating.
Make up the money, the developer doesn't live up to the promise and give you a part of the money back, and the house is still yours.
-
1.The property does not play much role in the maintenance, maintenance and management of the community. If there is a problem in the community, the property can not always solve it in time, and even shirk it.
Many netizens reported that the cancellation of the property fee is really not for money, if the property fee is reasonable and effective, they are still willing to pay, but in terms of the current property, the property has not fulfilled their responsibilities, so it is too pitting to pay the property fee.
Many of the problems we encounter in life, most people will choose to deal with them by themselves, such as water and electricity problems, people will be more inclined to call the hydropower company. In this case, the charge of the property is also very "forced to buy and sell". 2.
Reminders are too diligent. Property fees are paid on a monthly basis, sometimes the frequency of reminders is too high, on the other hand, when the owner has a problem to find the property, the property is delayed again and again, obviously a day or two can be solved, it has to be delayed for three or four days, or even a week, which gives the residents a great sense of psychological gap.
3.The property rents out public places without authorization and collects additional benefits. Sometimes we will see that some companies have put up product introductions or promotional activities in a public place in the community, and the fees for these companies to enter the community are charged by the property.
If it is said that advertising spaces are strictly prohibited in the public areas of some communities, there will always be advertisements in the elevator. The property not only collects the owner's fee, but also has some other income**, but there is no better service that the property has done to the owner.
-
Hello dear. Generally speaking, common problems in property management are legacy housing quality issues. Such as ground cracks, flue blockage, roof or toilet water seepage, etc., and this is not managed by the developer, the owner will have disputes with the property, the quality of property service is not up to standard, such as the property company does not perform business according to the contract.
The quality of service is not in place, resulting in the owner defaulting on the property fee. There is a barrier to communication between the property and the owner. For example, there is a misunderstanding between the property and the owner, which can lead to disputes.
-
The main contents of the problems encountered by the general property management office are as follows:
1. Water outage, power outage, and trip at home;
2. The gas pressure is too small;
3. The tap water is turbid or has debris;
4. Noise pollution in residential areas;
5. Damaged electrical appliances at home need to be repaired in time;
6. The child needs to be assisted in finding the property if it is lost;
7. The elderly need to be supported;
8. Quarrels or other disputes between owners;
9. The owner occupies the parking lot and affects the parking of others;
10. Public equipment and facilities are damaged and need to be repaired;
11. Noise pollution from other surrounding units;
12. The owner encroaches on the green belt or public space;
13. Complaints from owners or tenants about illegal decoration;
14. The poor service attitude of the employees of the property company needs to be rectified;
15. Complaints that all kinds of expenses are too high;
16. The surrounding traffic is not matched;
17. The property right certificate of the development company is not in order;
18. Report on the repair of damage in public places;
19. Parcel storage needs;
20. Assist the owner to move;
21. The property needs to be escorted;
22. The owner faints and needs assistance;
23. Dogs and pets in the community need to be dealt with;
24. Landscaping needs to be built;
-
1. There is no formal BAI
The property management company has a low level of property management and poor service quality;
2. Public facilities.
Dedicated ** is not implemented, genus.
Cause the maintenance and prosperity of public facilities in the community.
It is difficult to solve problems such as construction and maintenance;
3. The system is not perfect, and the management order is chaotic;
4. The rights, responsibilities and interests between the manager and the owner are not clear, which affects the normal progress of property management in the community;
5. The phenomenon of arbitrary charges is serious.
2.In property management disputes, should the property company compensate for the damage to the property?
-
First, the management is not in place. There are often cases of loss, theft, damage and damage due to the performance of duties by property service enterprises.
Second, the duty is not on duty, and no one can be found if there is a problem.
Third, the service is not timely. The owner was in a hurry, and the people of the property were delayed.
Fourth, the service efficiency is low. A water pipe repair can not be repaired several times, a small problem, can not be solved three times or five times, causing people to worry, and even "kicking the ball", prevarication.
Fifth, shrinking services, short of catty and shortage. There are doormen, as if they were false; There is cleaning, garbage everywhere; There is heating, the heating is not hot; There are patrols, cars being scratched, and so on. Reduced service, the fee will be charged.
6. Short-term behavior. In order to save expenses, it is not repaired according to the plan and regulations, and it is not damaged or repaired, which affects the service life of the owner's house, public facilities and equipment.
Seventh, the promise is not fulfilled, what is said does not count, the integrity is poor, and people can't believe it.
8. Poor service attitude, poor etiquette image, do not treat the owner as a relative, but regard the owner as a passerby, indifferent attitude, refuse to be thousands of miles away, impatient at every turn, lack of humanity.
-
Owners and developers, owners and things.
Common problems and solutions in the relationship between companies.
-
1. Housing management 2, customer disputes 3, lost property in the community 4, complaints and repairs 5, consultation on common life problems, etc.
Upstairs only knows to search and search, you can't think about garbage for yourself.
The Property Management Regulations are as follows:
1. In order to standardize property management activities, safeguard the legitimate rights and interests of owners and property service enterprises, and improve the living and working environment of the people; >>>More
The responsibilities of perfect property management generally include the following: >>>More
Dear, thank you for your patience, the "Property Management Regulations" is an administrative regulation formulated by the People's Republic of China. On June 8, 2003, the People's Republic of China promulgated Order No. 379, according to the August 26, 2007 "Decision on Amending the Property Management Regulations" for the first time, according to February 6, 2016 "Decision on Amending Part of the Administrative Regulations" for the second time, according to March 19, 2018 "Decision on Amending and Repealing Part of the Administrative Regulations" for the third time, Chapter 1 General Provisions Article 1 In order to standardize property management activities, These Regulations are formulated to safeguard the lawful rights and interests of property owners and property service enterprises, and to improve the living and working environment of the people. Article 2 The term "property management" in these Regulations refers to the activities of the owners through the selection of property service enterprises, and the owners and property service enterprises in accordance with the property service contract to repair, maintain and manage the housing and supporting facilities and equipment and related sites, and maintain the environmental sanitation and related order in the property management area. >>>More
1. Theoretical courses: Fundamentals of Management, Introduction to Property Management, Modern Management Technology, Real Estate Management, Property Management Regulations. >>>More