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刘先生来信：政府将一商铺委托拍卖行进行拍卖，我通过竞价购得商铺，并与拍卖人签订了成交确认书。但后来得知，政府并没有取得商铺的预售许可证，请问这个商铺买卖行为及成交确认书是否有效?我该如何处理?律师回函：对于商品房预售，我国实行严格的许可证制度，没有取得预售许可证的商品房不得销售。另外，我国《拍卖法》第八条也规定，依法经审批才能转让的物品，在拍卖前应办理审批手续。
Letter from Mr. Liu: The government commissioned a commercial auction house to conduct an auction. I purchased the commercial through the auction and signed the transaction confirmation with the auctioneer. But later learned that the government did not obtain the pre-sale permit shops, may I ask whether the sale of shops and transaction confirmation is valid? How do I deal with? Lawyer reply: For pre-sale of commercial housing, China’s strict permit system, Commercial housing without pre-sale permit shall not be sold. In addition, Article 8 of China’s “Auction Law” also stipulates that items that can be transferred upon approval according to law should be subject to examination and approval procedures before the auction.