1. Whether the pre-sale contract has legal benefits needs to be decided according to the specific circumstances:

(1) Generally speaking, the pre-sale contract has certain legal effect;

(2) When violating the mandatory provisions of laws and administrative regulations and violating public order and good customs, there is usually no legal interest.

2. Legal basis: Article 490th of the Civil Code of People's Republic of China (PRC).

If the parties enter into a contract in the form of a contract, the contract shall be established when the parties sign, seal or press their fingerprints. Before signing, sealing or fingerprinting, one party has fulfilled its main obligations, and the contract is established when the other party accepts it.

A contract shall be concluded in written form as stipulated by laws, administrative regulations or agreed by the parties. If the parties do not do this in writing, but one party has fulfilled its main obligations and the other party accepts it, the contract is established.

Article 493

Where the parties conclude a contract in the form of a contract, the place where the contract is finally signed, sealed or fingerprinted shall be the place where the contract is established, unless otherwise agreed by the parties.

2. When will the pre-sale contract be changed into a formal contract?

Pre-sale contracts are generally converted into formal contracts after the completion of houses. Details are as follows:

1. If the seller enters into a pre-sale contract with the buyer without obtaining the pre-sale permit for commercial housing, it shall be deemed invalid;

2. However, if the pre-sale permit certificate of commercial housing is obtained before the prosecution, it can be deemed as valid.