Is the second-hand housing transaction without property right certificate legal?

Second-hand housing transactions without property certificates are illegal.

According to "People's Republic of China (PRC) City Real Estate Management Law":

Thirty-ninth to obtain land use rights and transfer real estate, the following conditions shall be met:

(a) according to the transfer contract, all the land use right transfer fees have been paid, and the land use right certificate has been obtained;

(two) investment and development in accordance with the transfer contract, which belongs to housing construction projects, exceeds 25% of the total investment in development, and belongs to plots of land, forming industrial land or other construction land conditions.

If the house has been completed when the real estate is transferred, it shall also hold the house ownership certificate.

Extended data:

According to "People's Republic of China (PRC) City Real Estate Management Law":

Thirty-eighth the following real estate may not be transferred:

(a) the acquisition of land use rights by means of transfer does not meet the conditions stipulated in Article 39 of this Law;

(two) the judicial organs and administrative organs have ruled or decided to seal up or restrict the real estate rights in other forms according to law;

(three) to recover the land use right according to law;

(four) without the written consent of other people, * * * owns real estate;

(five) the ownership is controversial;

(6) Failing to register according to law and obtaining the ownership certificate;

(seven) other circumstances in which the transfer is prohibited by laws and administrative regulations.

Article 42 When the real estate is transferred, the rights and obligations stipulated in the land use right transfer contract shall be transferred accordingly.

Article 43 If the land use right is obtained by means of transfer, after the transfer of real estate, the service life of the land use right shall be the remaining service life after deducting the service life of the original land user from the service life agreed in the original land use right transfer contract.

Article 44 If the land use right is obtained by allocation, and the transferee changes the land use agreed in the original land use right transfer contract after the transfer of real estate, it must obtain the consent of the original transferor and the competent department of urban planning administration of the municipal or county people's government, sign an agreement on the change of the land use right transfer contract or re-sign the land use right transfer contract, and adjust the land use right transfer fee accordingly.

Baidu Encyclopedia-People's Republic of China (PRC) City Real Estate Management Law