对合同效力的认定应持谨慎的态度,遵从合同自治原则。维护市场交易的安全和稳定。在实际交易中,签订合同时出售方没有取得预售许可证,但交付使用或者起诉前所出售的房屋已经达到房屋现售条件的情形大量存在。因此引发的纠纷也日益增多。本文以实际案情为例对房屋现售条件的商品房预售合同的效力进行了详细的探讨。 The validity of the contract should be held cautious attitude to comply with the principle of contract autonomy. Maintain the safety and stability of market transactions. In the actual transaction, the seller does not obtain the pre-sale permit at the time of signing the contract, but there are a lot of cases that the houses sold before delivery or prosecution have reached the ready-to-sale condition of the houses. Therefore, the disputes caused are also increasing. This article takes the actual case as an example to discuss in detail the validity of the pre-sale contract for commercial housing under the conditions of sale.