How is the property management reflected when the developer signs the purchase contract with the own

According to the relevant laws and regulations, the developer must sign the pre-property service contract with a qualified property management company when applying for a pre-sale license, and it must be filed with the Construction Bureau.

So you can only look at the original signed contract and program.

If you want to see whether this property company is good or not, you can only visit other real estate projects that they originally connected.

However, the property management company signed in the early stage is generally temporary, and it will be changed when the house is handed over.

Property management is generally divided into two stages, the first stage is the pre-property management, that is, the developer directly selects the property company, and signs the pre-property management service contract, the owner expresses his willingness to perform when buying the house, which will be reflected in the purchase contract, and will sign the written content of the owner's covenant. The second stage is that the owners' committee chooses the property management company on its own. In practice, there are also successful cases where most owners are dissatisfied with the pre-property management company selected by the developer and request early termination of the contract.

When the developer signs the purchase contract with the owner, the property service contract is included, and the developer should inform the owner. The pre-property management bidding has been completed before the developer applies for the pre-sale permit, and the pre-property service contract has been signed on behalf of the future owner.

According to the regulations, the sales contract signed between the construction unit and the buyer shall contain the content agreed in the pre-property service contract. When buying a house, the buyer should also clearly see the temporary agreement of the owner sold, the name and credibility of the property management enterprise in the early stage, the property management project manager of the community in the future, etc., the use, maintenance and management of the property stipulated in the interim agreement of the owner, the common interests of the owner, the obligations that the owner should perform, and the responsibilities that should be borne in violation of the convention, etc., and the buyer should be aware of and have a commitment to abide by when signing the sales contract.

Legal analysis: Properties generally do not need to sign a contract with the owner. Because in real life, before the establishment of the property committee, the developer and the property management company signed a pre-property entrusted management contract.

After the establishment of the Owners' Committee, the Owners' Committee will sign the property management contract with the property management company on behalf of the owners. However, before the owners and the owners' general meeting select and hire a property service enterprise, the construction unit shall sign a written pre-property service contract if the construction unit selects and hires a property management service enterprise.

Legal basis: Article 15 of the "Property Management Regulations" The owners' committee implements the decisions of the owners' general meeting and performs the following duties:

1) Convene a meeting of the general meeting of owners to report on the implementation of property management;

2) On behalf of the owner, sign a property service contract with the property service company selected by the owners' meeting;

3) Timely understand the opinions and suggestions of owners and property users, and supervise and assist property service enterprises in performing property service contracts;

4) To supervise the implementation of the Statute of Supervision and Management;

5) Other duties assigned by the general meeting of owners.

Properties generally do not need to sign a contract with the owner. In practice, before the establishment of the Owners' Committee, the developer and the property management company shall sign a pre-property entrusted management contract; After the establishment of the Owners' Committee, the Owners' Committee will sign the property management contract with the property management company on behalf of the owners.

[Legal basis].

Article 15 of the Property Management Regulations of the owners' committee implements the decisions of the owners' general meeting and performs the following duties: (1) convening a meeting of the owners' general meeting and reporting on the implementation of property management; 2) On behalf of the owner, sign a property service contract with the property service company selected by the owners' meeting; 3) Timely understand the opinions and suggestions of owners and property users, and supervise and assist property service enterprises in performing property service contracts; 4) To supervise the implementation of the Statute of Supervision and Management; 5) Other duties assigned by the general meeting of owners. Article 21 Before the owners and the owners' general meeting select and hire property service enterprises, the construction unit selects and hires property service enterprises, and shall sign a written pre-property service contract.

Clarify the content, scope and duration of entrusted property servicesIn the service contract, it must be clear whether the property management company manages all the property work of the community, or is only responsible for a certain service content. If the agreement is not clear, it will bring a lot of unnecessary trouble. For example, the owners' committee of a community hired a property management company through bidding and entrusted it with the management of all the property contents of the community.

After the company took over, except for the property fee, which was collected by itself, the rest of the property services were all entrusted to other property companies without business at a low price to earn the difference. After the entrusted property management enterprise undertakes the business at a low price, due to cost reasons, it can only reduce the content and standard of services. If the owners' committee does not stipulate detailed service standards in the service contract, nor does it stipulate that the property management company shall not delegate the service content to a third party, the owner will only suffer losses in vain.

Therefore, if the owners' committee is interested in the brand and service quality of a property company, it must stipulate the detailed service content and specific service standards in the service contract, and stipulate that the company shall not delegate the service content to a third party, otherwise it will bear the corresponding liability for breach of contract. In addition to the right of the owners' committee to disperse as stipulated in the Property Management Regulations, other rights should also be more specifically stipulated in the service contract: for example, the owners' committee collects the property fee and transfers it to the property management company, the property management company shall provide the corresponding office space for the owners' committee, the main leaders of the owners' committee can withdraw subsidies from the property management fee, and the owners' committee has the right to put forward opinions on the service quality of the property management company and may require it to rectify within a time limit.

At the same time, the owners' committee should undertake the corresponding obligations, urge the owners to pay the property fees on time, actively cooperate with the work of the property management company, and respect the professional management methods and measures of the property management company. Clarify the rights and obligations of the property management companyBased on the principle of equal rights and obligations, while giving the property management company the right to manage the daily affairs of the entire community, it is also necessary to clarify the obligations of the property management company, and clarify the responsibilities as much as possible, for example, if the owner's belongings are stolen due to security negligence, the property management company shall bear the liability for compensation; When the property company uses the property fee, it must have clear records and disclose the accounts to the owners' committee, etc. The agreement on the liability for breach of contract should clarify in the service contract that the property company should bear the liability for breach of contract for breach of contract, and the agreed liability should be practical and operable, and should not be agreed into some laws and regulations that are empty of notices.

In particular, for the early dismissal of the property management company does not withdraw in time, although the new "Property Management Regulations" stipulates the content of the punishment imposed by the state administrative organs, but it cannot make up for the actual losses brought to the owners, so it must be agreed that if this situation occurs, the property management company will bear one day of liquidated damages for every day of delay, so as to effectively protect the interests of all owners.