预售商品房转让是否有效?这一模棱两可的法律问题是由于对预售商品房的模糊认识造成的,进而造成了司法实践的混乱。本文认为:预售商品房是一个模糊概念,在法律上应该进一步划分为具有相对独立法律地位的预售房、交付房、产权房;目前的法律框架下预售商品房中的预售房转让合同有效、交付房转让合同无效。本文澄清了预售商品房转让及其效力在理论上的模糊认识,并提出完善预售商品房法律制度的建议。 Pre-sale of real estate transfer is valid? This ambiguous legal issue is due to the fuzzy understanding of the presale of commercial housing caused, and thus led to the confusion of judicial practice. This article argues that the pre-sale of commercial housing is a vague concept and should be further divided in law into pre-sale housing, delivery housing and property housing which have relatively independent legal status. In the current legal framework, the pre-sale housing transfer contract is valid , Delivery of the transfer contract is invalid. This article clarifies the fuzzy understanding of the pre-sale real estate transfer and its effectiveness in theory, and puts forward the suggestion of perfecting the legal system of pre-selling commercial housing.