The Obligation Of The Property Management Company In The Property Services Contract Research

The real estate service contract is signed by the owners or developerswith real estate management corporations at the basis of equality and freewill. It is a written contract that the owners or developers pay for themanagement services provided by the real estate managementcorporations and its legal character is mixed. The real estate managemententerprises are one side of the equal parties. Their conditions of fulfillingobligations determine how the owners are satisfied. Thus it will affect thequantity of the dissensions in the real estate service contracts and thestabilization of the real estate management industry. The legislations andtheoretic research on the obligations of the real estate managemententerprises are severely lagging. Therefore, we lack restrictions to the realestate management companies and protections to the owners once refer tothe practice. "The real estate management statute" and the localprovisions about the obligations of the real estate management companiesonly have the shallow prescription of the main obligations. In the practiceof the real estate service contracts, the owners always locate in the weekstatus for the dissymmetry of information. It is hard for them to negotiatewith the real estate management enterprises veritably. The stipulationsabout the real estate management corporations' obligation are notadequate, not providing sufficient protections to the owners. We shouldcollocate to the obligations of the real estate management enterprisesmore reasonably. In the collocation, we should insist on the principlessuch as equality of the parties, the equation of right and obligation, thevindication of the owners' right, and promotion of the industry. And weshould consider the factors such as the character of the real estate servicecontract, the category of obligation, and the practical need of the realestate management. The content of the obligations should include theobligations such as take-over, check and accepting, supervising ofupholster and fitment construction, maintaining, administration of theenvironment, security safeguard, assistance founding the ownercommittee and forbidding obligations. In addition, the responsibility is aguarantee to the fulfilling of obligations. Remedies to the owners should not limit to the administration responsibility only, but with moreemphasize on the civil duty.