Research On The Application Of Price Reduction In Property Service Contract Disputes

When the service provided by the property management companies do not meet the agreed standards,a single owner shall be allowed to raise defenses against the defects of the services provided by the property management companies.On the basis of supporting the individual defenses,the collective defenses exercised by the owners’ committee shall be gradually developed.The effect of the defense by the owners’ committee applies to all owners.The effect of a single defense usually applies only to a single owner,but the effect of a price reduction may apply when other owners claim to raise a defense in the same kind of litigation and dispute.A single owner or part of the owners may raise a price reduction defense against defects,but the determination of the owner’s price reduction right should be prudent and a balance needs to be struck between relief and fairness.The paper is divided into four parts.The first part analysis the first successful case of reduction of property fee,and Then it takes the judgment results of property fee dispute cases hear by basic-level people’s courts of Shanghai in three years from 2017 to 2019 as the object,and randomly selects 100 cases as analysis samples.On the basis of the 100 samples,this paper analyzes the present judicial situation of property service contract disputes.The second part pays attention to the basis for the application of reduction in a property service contract.The reduction of price is the owner’s defense against the property management companies’ right to claim the property fee.The owner’s defense has the legal basis.The price reduction agrees with the characteristics of the property service contract.With the application of the price reduction in various contracts,the price reduction can also be applied in the property service contract.In the third part,on the basis of clarifying that the price reduction can be applied in property service contract,this paper further analyzes several typical problems that the price reduction may encounter in the application of the property service contract,including the substantive problems and the procedural problems.Substantial issues include the exercise of the main body,exercise mode and the reasons to exercise.Procedural issues include the allocation of the burden of proof in the trial and whether the court can voluntarily apply the reduction.The fourth part answers the questions which are mentioned in the third part,and gives some advises about the application of reduction in a property service contract,clear the main body of who has the right to exercise their rights in the property service contract,and the causes that can cause the effect of price reduction in the property service contract.In addition,this paper also discusses that no preconditions when applying the price reduction.