Legal analysis: it is illegal. In practice, it is really necessary to pay the maintenance fund when handing over the house. Generally, the maintenance fund fee is paid when the house is handed over. When signing a contract with the buyer, the real estate agent will definitely stipulate in the supplementary agreement when the buyer will pay the deed tax and public maintenance fund to the real estate agent in one lump sum.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 209 The establishment, alteration, transfer and extinction of the real right of immovable property shall take effect after being registered according to law; Without registration, it will not take effect, except as otherwise provided by law.

Natural resources owned by the state according to law may not be registered.

Article 214 The establishment, alteration, transfer and extinction of the real right of immovable property, which should be registered according to law, shall take effect when it is recorded in the register of immovable property.