[Direct answer]In the Beijing area, whether the housing price stated in the subscription agreement includes decoration depends on the written agreement itself. According to Article 495 of the Civil Code of the People's Republic of China on pre-contracts, the subscription agreement usually stipulates the unit price of the house, the total price, and the basic information of the house to be purchased, but it does not necessarily include decoration. The decoration standards, material brands, and delivery conditions often need to be written into the main text of the subscription agreement or supplementary agreements and annexes to be effective. If the subscription agreement does not explicitly state that "the housing price includes decoration", and the developer separately signs a decoration contract or entrustment agreement, the decoration costs may be priced separately. It is recommended to check the terms of the subscription agreement, the delivery standards of the model room, and the supplementary agreements item by item before signing the contract, and to require written fixation for expressions such as "free decoration" and "delivery with decoration". For more details, please refer to the following link:Real estate sales and construction project services.

I. Problem Background and Typical Scenarios

Buyers are often attracted by phrases like "enjoy discounts when booking, and lock in the property with a signed contract" during the initial launch of a property. They hastily sign the booking agreement, only to later discover that the house price and the decoration are two separate payments. Typical scenarios include: the booking agreement states that "the total price includes full decoration", but the supplementary agreement stipulates that the decoration will be signed separately by a third party; the salesperson verbally promises "free full-house decoration", but the booking agreement and contract make no mention of it; the model room showcases high-end decoration, but the actual delivery standards are significantly reduced in the appendix; and the split pricing of "bare-shell price + decoration package" leads to disputes over the basis of loans and taxes. The core of such disputes is that "written agreements take precedence", and verbal promises are difficult to prove. For cases involving the contract subject and price composition, the parties can refer to relevant provisions in the contract to resolve the disputes.Business and contract dispute services for enterprisesEvaluate them together.

II. Key points of contention

The focus of the dispute lies in three aspects. Firstly, the scope of validity of the subscription letter: whether it is a preliminary agreement or a main agreement, which determines whether it can directly bind the delivery of the decoration. Usually, it only locks in the transaction intention, and the decoration content shall be subject to the formal commercial housing sales contract and its annexes. Secondly, the carrier of the decoration agreement: where the decoration standards are written and whether they are included as an annex to the contract directly affect the evidence collection. Thirdly, the nature of the price split: whether the splitting of the house price and the decoration fee constitutes a disguised price increase and whether it affects the loan and tax base need to be judged in accordance with local regulatory rules. When handling similar cases in Beijing, the review of "yin-yang contracts" and "off-the-books prices" has become stricter, and verbal gifts of decoration are often not supported. For subsequent mortgage and enforcement matters, reference can be made to the relevant provisions.Creditor-debtor relations and enforcement case services.

III. Professional analysis by Hengluo Law Firm

Based on the practical experience of handling commercial housing sales cases in our firm, decoration disputes in the subscription letter stage are most likely to result in "losing out before signing the contract". A common scenario is that developers use "delivering with full furnishings" as a marketing slogan, but the subscription letter only stipulates the price of the bare unit. In the formal contract, the decoration standards are placed in an inconspicuous appendix, with the note "subject to the appendix, promotional materials do not constitute an offer". After the buyer signs the contract, they are bound by it. Judges tend to hold that promotional materials and model rooms generally do not constitute part of the contract, unless they are written into the contract or explicitly promise that "advertisements are considered offers". Disputes over decoration standards shall be adjudicated based on the written contract and the appendix. Common pitfalls include trusting verbal gifts, failing to retain evidence of sales promises, and ignoring the downgrading clauses in the appendix. Henglu Lawyers usually advise requiring that the decoration brands, models, and crafts as well as the breach of contract liability be written into a written document at the subscription stage. For cases involving the coordination of family assets, relevant advice can be provided accordingly.Inheritance succession and family property division services.

IV. Practical suggestions and legal basis

The core basis is Article 495 (Preliminary Contract), Article 509 (Full Performance), and Articles 595 and 596 (Subject and Terms of the Sale Contract) of the Civil Code of the People's Republic of China (effective January 1, 2021), as well as the provisions on the nature of sales advertisements and promotional materials in the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trials of Disputes over Commercial Housing Sale Contracts. Practical suggestions: Require the presentation of the official contract template and all attachments before signing the contract; clearly write "the house price includes decoration" and the decoration standards, brands, and breach of contract liabilities into the subscription agreement or supplementary agreement; take photos and videos of the model rooms and promotional materials and keep the written promises made by the seller; refuse to sign the blank confirmation that "the promotion does not constitute an offer". For specific and difficult issues, you can seek assistance from relevant professionals or institutions.Special services and other case servicesVerification provisions.

5. Hengluo Law Firm's Advice

The subscription agreement is the "first gateway" to the transaction. Whether the house price and the decoration are packaged together should always be based on the written terms, and don't take the marketing rhetoric as the contract. It is recommended to do three things before signing the contract: check the consistency of the decoration terms in the subscription agreement and the formal contract annex; keep all the evidence of publicity and communication; and require written confirmation for expressions such as "gifted", "with full decoration". Once any inconsistencies are found, objections should be raised before signing the formal contract to avoid being put in a passive position. For more contract review points, please refer to the following link:Real estate sales and construction project services.

VI. Frequently Asked Questions

Q1: The purchase agreement didn't mention the decoration, can the developer later require me to pay extra for the decoration?

If neither the subscription agreement nor the formal contract stipulates that "the house price includes decoration", and the developer separately signs a decoration contract and clearly marks the price, the developer usually has the right to require separate payment for the decoration, and the buyer will have difficulty claiming it as a "gift". However, if the sales stage explicitly states "including full decoration" through advertisements, model rooms, or written commitments, the buyer can claim that this content constitutes part of the contract and require the developer to fulfill its obligations according to the commitment or refuse to pay extra. The key point is whether the evidence is sufficient and whether it is written into the contract, rather than what was said verbally.

Q2: To prove that the house price in the subscription agreement includes the cost of decoration, what kind of evidence do I need to keep?

The core evidence includes: the original subscription agreement and all supplementary agreements and annexes; brochures, floor plans, and price lists stating "inclusive of decoration" and "free decoration"; real photos and videos of the model rooms; WeChat messages, audio recordings, or written confirmations of the sales promises; and records of the other party's acknowledgment of the bundled decoration in subsequent communications. The more complete the evidence is, the better it can prove that the two parties reached an agreement on "housing prices inclusive of decoration", and it will be easier to gain support in disputes.

Q3: If I hire a lawyer because of unclear terms in the renovation contract, how much will it cost approximately?

The attorney's fees are negotiated between the law firm and the client. They are usually charged on a per-case basis or as a percentage of the case value, with the specific fees subject to the contractual agreement. There is no nationwide standard pricing for such fees. For disputes involving the review of subscription agreement terms, the subject matter of the dispute is usually limited. It is recommended to first understand the fee details and whether they include subsequent commission deductions before deciding whether to proceed with the engagement, in order to avoid secondary disputes arising from unclear fee expectations.

Q4: How long does it usually take to resolve a disagreement over the renovation agreement after it's been identified?

If differences are discovered before the official signing, it usually takes a few days to clarify them through consultation; if disputes arise after signing, the duration of mediation or litigation depends on the amount of the dispute and the complexity of the evidence. Civil litigation in the first instance is typically concluded within six months using the ordinary procedure, and within three months using the summary procedure. The earlier you intervene, the more likely it is to resolve the issue at the upstream stage and avoid having to remedy it through litigation. It is recommended to complete the review of the terms before signing the contract.

Q5: When signing the subscription agreement, what should I do first to avoid being taken advantage of?

It is recommended to proceed in three steps: First, require the developer to present the official contract and all attachments, and compare the house price and decoration terms in the subscription agreement item by item; Second, include "whether the decoration is included, the decoration standards, and the breach of contract liability" in the written document, and refuse to accept the delivery of the house only with verbal promises; Third, keep the promotional materials and sales communication records, and raise objections in writing on the spot if any contradictions are found. Whether you ultimately purchase the house or not, this written record can protect your legitimate rights and interests.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Hengluo Lawyers about specific situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Legal services for real estate transactions·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on current effective laws and regulations and publicly available adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If a dispute arises, please consult a practicing lawyer in a timely manner.