If the property management company is changed, is the contract between the shop owner and the former

If the property management company is changed, the contract signed between the shop owner and the former property management company is still legally valid. The contract between the original property management company and the current property management company is invalid if there is no relevant agreement. In this case, it must be clear that if there is no agreement, the three parties must sign an agreement to transfer rights and obligations.

Legal analysisAccording to the relevant legal provisions, if the property management company is changed, the contract signed between the shop owner and the former property management company is valid. Because the contract signed by the two parties for the property, although the contract object has changed, the subject matter of the contract has not changed, and the responsibilities and obligations of the original contractor will continue to be valid in the event of alternation. Unless:

1. It is indicated in the contract that the contract will be invalid when the contractor is changed; The second is that the shop owner voluntarily waives the performance of the contract when the new property company enters. Otherwise, you can sue the original property management company. Because the contract signed by the two parties for the property, although the contract object has changed, the subject matter of the contract has not changed, and the responsibilities and obligations of the original contractor will continue to be valid in the event of alternation.

Unless the following circumstances apply: (1) the contract shall be invalid when the contractor is changed; The second is that the shop owner voluntarily waives the performance of the contract when the new property company enters. Otherwise, you can sue the original property management company.

First of all, from the analysis of the main body of the contract, the property company, as an enterprise, has a stronger position than the individual owner, and should assume more social responsibility. However, if the property management company takes advantage of its strong position to sign a standard contract with the owner and transfer the obligation to transfer the property fee to the individual, this kind of "autonomy of will" is actually a clause of "violation of the law", and maliciously evades the obligations stipulated by the law, and its "autonomy of will" should be regulated by law.

Legal basisProperty Management Regulations》 Article 38 When the property management service contract is terminated, the property management service enterprise shall return the property management room and the information provided for in the first paragraph of Article 29 of these Regulations to the owners' committee. When the property management service contract is terminated, and the owners' general meeting selects a new property management service enterprise, the property management service enterprises shall do a good job of handing over the work.

For the original property management company and the current property management company, the contract is invalid if there is no relevant agreement. Of course, in this case, you must be clear that if there is no agreement, you must sign an agreement between the three parties to do a good job in the transfer of rights and obligations.

If it is a valid contract, the property management company shall perform the original contractual obligations and enjoy the contractual rights within the contract period.

Legal analysis: It is necessary to look at whether the previous property management company and the new property company have signed the relevant rights transfer agreement and the contract between you and the former property management company.

Legal basis: Article 469 of the Civil Code of the People's Republic of China The parties may conclude a contract in written, oral or other forms. The written form is a form in which the contents of the contract, letter, telegram, telex, fax, etc. can be tangibly expressed.

The data messages that can be tangibly represented by electronic data interchange, e-mail, etc., and can be accessed at any time, shall be regarded as in writing.

Summary. Hello dear, happy to answer your <>

According to your problem, the results of the analysis for you from a legal perspective are as follows: dear, the community property management company has been replaced, and the original contract is valid if the contract has not been signed with the owner.

The property management company of the community has been replaced, and the contract has not been signed with the owner, is the original contract valid?

Hello dear, glad to answer <> for the crack or you

According to your problem, the results of your analysis from a legal perspective are as follows: pro, the community property management company has been replaced, and the contract has not been signed with the owner, and the original lease contract is valid.

Legal analysis: Dear, after the property is replaced, the rights and obligations of the original property are transferred to the new property, so the previous property contract is valid, and the new property needs to fulfill the obligations agreed in the property contract. The replacement of the property management company shall be approved by the general meeting of owners, and the owners' committee shall sign a service contract with the property management company on behalf of the owners.

The agreement on the transfer of relevant rights between the property management company and the new property management company and the contract with the former property management company in the early stage should not be signed, but only with the owners' committee. The owner shall pay the service fee according to the provisions of the property service contract. If the property contract is not signed or the property company does not provide qualification certificates, the owner cannot refuse to pay the property fee.

Legal basis: "Property Management Regulations" Article 41 The owner shall pay the property service fee in accordance with the property service contract. If the owner and the property user agree that the property user shall pay the property management service fee, the owner shall be jointly and severally liable for the payment.

For properties that have been completed but have not yet been handed over to the property buyer, the property service fee shall be paid by the construction unit.

It is really impossible to clarify whether the developer has the right or not, and these things cannot be seen so absolutely.

I can give you a general analysis, first of all, the property company A developer has the right to decide, because before the delivery of the house, the developer is the big owner of the community, and the developer pays the property management fee to the property company.

The property management company cooperates with the developer to carry out the work of the pre-property.

Then, for various reasons, property company A was eliminated, and the developer found the service of property company B, which is theoretically in the past, but the problem is precisely that property company A and you buy a house contract.

Now the developer will definitely ask B property company to sign a property service contract with you to ensure that property B has a property relationship with you, so as to carry out future work and collect property fees.

In fact, I think the owner does not have to worry about whether A or B manages the property, and if the property fee remains the same, everyone is the same, maybe property A is not as good as property B, and secondly, the new property law stipulates that the community can apply for the establishment of an owners' committee just after receiving the house.

For example, if you receive the house on January 1st, maybe you will have the right to change the property on May 1st, so why bother with A and B, mainly depending on the future property service.

Finally, you must let the developer publicize the information, and after the publicity, it is property B to serve, and it is the developer's decision to choose A or B, and the owner is cooperating with the developer to avoid other disputes between you and property A.

Summary. It is advisable to change your strata contract as well, and you may be contacted if there are some issues in the strata contract.

The shop contract has been changed, but the property contract has not been changed, does it still have anything to do with me?

Hello. Hello, I am a partner lawyer of the platform and have received your question.

Hello. Do you want to ask if the store has anything to do with you?

I signed a lease contract with a real estate company, and now I have transferred it to someone else, but I have a property contract with the property that has not been changed, does this still have anything to do with me?

It is advisable to change your strata contract as well, and you may be contacted if there are some issues in the strata contract.

Now everyone is gone, but my lease contract is not signed with the property, and now the lease contract is someone else's name.

Yes, if the property is with you, you can explain it and find the current renter.

There will be no legal liability for this.

No, it won't. Ok thanks.

Your question has been answered, and I wish you a happy life

Legal analysis: It is necessary to see whether the previous property management company and the new property management company have signed an agreement on the transfer of relevant rights and the contract between you and the former property management company.

Legal basis: Article 469 of the Civil Code of the People's Republic of China Article 469 The parties may conclude a contract in written, oral or other forms. The written form is the form in which the contents of the contract can be tangibly expressed, such as letters, telegrams, telexes, faxes, etc.

Data messages that can be tangibly represented in electronic data interchange, e-mail, etc., and that can be accessed at any time shall be deemed to be in writing.