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BETTESWORTHConstruction
builder contracts

Questions to Ask the Builder Before Buying a New-Construction Home

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Before you sign, ask the builder to put every promise into the purchase agreement, specifications, options sheets, warranty and closing documents. Confirm the exact price and inclusions, allowance rules, change-order process, inspection access, completion and delay terms, permits, warranty coverage, financing costs and final walk-through procedure. In the United States, your rights depend on the contract, state and local law, loan type and project details—not on a sales conversation.

Use the written contract as your source of truth

Sales brochures, model homes and verbal assurances can help you understand a project, but the signed agreement and its attachments define what you are buying. Ask for the complete purchase agreement, specifications, lot description, options sheet, addenda, community rules and warranty before you commit. Read them together rather than treating the base contract as the whole deal.

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A consumer guide from the Consumer Building Disputes Initiative identifies inspections, warranties, change orders, delays, closing dates, permits and certificates of occupancy as contract topics. The exact legal effect of each clause depends on your jurisdiction and agreement.

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Ask which documents control if they conflict

  • Which document controls if the brochure, model home, specification sheet and contract describe different materials or features?
  • Are selections made in the design center incorporated into the signed agreement?
  • Are emails, sketches and salesperson representations attached or otherwise incorporated?
  • Will you receive a complete, dated copy of every signed document and later amendment?

Ask for time to review

Request the documents before signing and have a qualified real-estate attorney review them if the transaction or local law warrants it. Do not assume a reservation form, deposit receipt or lender application gives you the same cancellation rights as the purchase contract. Ask when deposits become nonrefundable, who holds them and what happens if the deal terminates.

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Questions about the price, lot and specifications

Get a line-by-line answer to what the advertised price buys. A low base price can exclude site work, utility connections, appliances, window coverings, landscaping, permits or other items you expected from the model home.

Confirm exactly what is included

  • What plan, elevation, lot and square footage are identified in the agreement?
  • Which flooring, cabinets, counters, doors, windows, lighting, plumbing fixtures and paint finishes are included?
  • Which appliances, heating and cooling equipment, water-heating equipment and ventilation systems are included?
  • Does the price include grading, foundations, driveways, walks, patios, retaining walls, fencing, landscaping, irrigation and utility connections?
  • Are mailbox, storm-water work, community fees or required local improvements included or charged separately?
  • What is excluded even though it appears in the model home or marketing images?

Understand allowances and overages

An allowance is a budget amount for an item you select later. Ask for each allowance in writing and ask how the final charge is calculated.

  • What is the allowance amount for each category?
  • Does it cover materials only, or materials plus installation, delivery, tax and builder markup?
  • How are overages billed and when are they due?
  • Do unused allowances create a credit, and is the credit based on the full allowance or only the builder’s actual cost?
  • Can an allowance be changed after you make a selection?

Ask how the price can change

Ask whether the contract is fixed-price, cost-plus or subject to defined adjustments. The Florida Bar describes those approaches in Florida consumer guidance; that discussion is not a rule for every state.

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  • What events permit a price increase after signing?
  • Can material-price changes, site conditions, taxes, permit fees or utility charges be passed through?
  • Is there a cap, notice requirement or right to cancel if the price changes?
  • Are upgrades priced from a published schedule or quoted individually?

Questions about selections and change orders

Selections and change orders alter the scope, price or schedule. Require a written record before work starts. The Florida Bar’s consumer guidance recommends that changes be written and signed before changed work is performed; verify the rule and your remedies under your own contract and state law.

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Set the selection calendar

  • What is the deadline for choosing cabinets, flooring, counters, fixtures, appliances, colors and other options?
  • What happens if a selection is late?
  • Can a selection be changed after approval, and what restocking or redesign charge applies?
  • Who confirms the final selections and keeps the master record?

Make every change order specific

Before approving a change, require a document that identifies the original scope, revised scope, price difference, builder fee, tax, payment timing and schedule effect. Ask whether the change affects permits, engineering, energy features, maintenance obligations or warranty coverage.

  • Must you pay the full amount before the work begins, at milestones or at closing?
  • Can the builder refuse a requested change because of timing, code or construction sequencing?
  • What happens if the builder proposes a substitution because a named product is unavailable?
  • Will a substitution be equal in performance, appearance, capacity and warranty?
  • How are credits documented when you delete an item?

Questions about independent inspections

You can ask to hire an independent home inspector, but do not assume that a new home is exempt from inspection or that an inspection automatically gives you a cancellation right. The Consumer Financial Protection Bureau recommends scheduling an independent inspection promptly, checking the inspector’s history and applicable local credentials, and attending when possible. Whether you may cancel, require repairs or delay closing depends on your purchase contract and contingency language.

Ask when and how an inspector may enter

  • May an independent inspector inspect the foundation or framing, perform a pre-drywall inspection and conduct a final inspection?
  • How much notice is required, and must the inspector be approved by the builder?
  • Are there safety rules, escorted-access requirements or areas that cannot be entered?
  • May you attend, receive the complete report and share it with your attorney or lender?
  • Does the contract limit inspections or say that findings cannot change your closing obligation?

Compare inspectors on more than price

Factor What to verify
Independence The inspector is not financially controlled by the builder, lender or sales agent.
New-construction experience Experience identifying framing, flashing, envelope, drainage, mechanical and finish issues before concealment.
Credentials Licensing or other credentials required where the home is located, plus complaint or disciplinary history.
Scope and report Written scope, photographs, severity descriptions and a process for documenting incomplete work.
Stage availability Ability to attend the inspection stages your contract permits.
References Recent client references and a clear explanation of what the inspection does not cover.

Turn findings into a written response

Ask the builder how written findings will be answered, who will correct them and by what date. Keep the report, response, repair invoices and reinspection notes. A punch list is not a substitute for understanding whether the contract lets you postpone closing, obtain a credit or pursue another remedy.

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Questions about schedule, delays and completion

“Estimated completion” is not the same as a guaranteed closing date. Ask the builder to distinguish a target substantial-completion date, an outside completion date and the date on which closing is scheduled.

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Clarify the schedule

  • What is the target date for substantial completion?
  • What is the outside completion date?
  • Which construction, weather, labor, material, permit, utility or force-majeure events extend the schedule?
  • How will delay notices be delivered, and how soon after a delay must the builder notify you?
  • When will you receive a firm closing date, and how much notice is promised?

Ask what delay remedies actually exist

  • Can either party terminate after a stated period of delay?
  • When are deposits returned, and are any deductions allowed?
  • Are temporary housing, storage, rate-lock extensions or other costs covered?
  • Can the builder close with incomplete items, and what security or escrow protects completion?
  • How are punch-list items recorded and completed after closing?

The consumer contract guide identifies delays and closing dates as matters to address but does not establish a nationwide deadline or remedy. Use the actual contract and local law rather than assuming a standard rule.

Questions about permits, inspections and occupancy

Permit and occupancy requirements are local. Ask who is responsible and request documentary proof rather than relying on a statement that approvals are “in process.”

  • Who obtains each building, electrical, plumbing, mechanical and other required permit?
  • Who schedules inspections, and may you receive the inspection results?
  • Will you receive copies of approved plans, final inspection records and sign-offs?
  • What certificate of occupancy or comparable approval is required before move-in?
  • Are any permits, utility connections, subdivision approvals or community facilities outstanding?
  • Can the home legally be occupied if exterior work, landscaping or common-area work remains?

Verify requirements with the relevant building department. A certificate of occupancy is not a guarantee that every cosmetic item or contractual promise is complete; compare the approval with your specifications and punch list.

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Questions about the builder warranty

Read the actual builder warranty before signing. The Federal Trade Commission explains that builder warranties generally cover permanent parts of a home, but coverage periods and exclusions vary by component and builder. A paid home service contract is a separate product, not the same thing as the builder’s warranty.

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Map coverage by component

Coverage example described by the FTC How to use it
One year for workmanship and materials Confirm the exact start date, covered defects and exclusions in your warranty.
Two years for HVAC, plumbing and electrical systems Check which parts are covered, who services them and whether manufacturers provide separate coverage.
Up to ten years for structural defects from some builders Verify the definition of a structural defect, claim deadline, exclusions and dispute process; this is not a promise for your home.

Ask who stands behind the promise

  • Who is the warrantor, and when does coverage begin?
  • Does coverage transfer if you sell the home?
  • Which components are excluded because they are covered by a manufacturer warranty?
  • Are cosmetic cracking, normal movement, landscaping, drainage, appliances or owner maintenance excluded?
  • Are consequential costs—such as temporary housing, storage or lost use—excluded?
  • How do you submit a claim, what response times apply and who decides whether it is covered?
  • Are mediation, arbitration, notice periods or other dispute procedures mandatory?

Separate builder and manufacturer warranties

Ask for every product warranty and the steps for transferring or registering it. Confirm whether the builder or manufacturer handles the claim and whether registration deadlines apply. Keep serial numbers, manuals, certificates and service records with your closing file.

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Questions about financing and closing costs

Compare the complete written financing offer, not only a headline rate, credit or upgrade package. Builder incentives may be conditional on using a preferred lender, title company or insurer. Ask which providers you may choose and what changes if you choose someone else.

Request the full loan picture

  • What are the interest rate, points, lender fees, underwriting charges and lock terms?
  • Are there construction-loan inspection, draw, administration or handling fees?
  • Which costs are paid at application, during construction and at closing?
  • What happens if the rate lock expires because construction is delayed?
  • Which taxes, insurance, prepaid items and association charges are included?
  • What conditions attach to any builder credit or rate incentive?

Federal regulations recognize construction-loan inspection and handling fees as loan costs in the Closing Disclosure framework. Ask the lender to identify them rather than assuming they are included in a general construction fee.

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Compare offers using the same assumptions

Compare Questions to put side by side
Rate and lock What rate, term, lock period, extension cost and reset rules apply?
Up-front costs What points, application, appraisal, inspection, draw and underwriting fees are charged?
Cash to close How much is required for down payment, deposits, prepaid items and closing charges?
Incentive conditions What must you use or do to receive the credit, and can it be withdrawn?
Change risk Which figures may change before closing and when will revised disclosures arrive?

When the Closing Disclosure arrives, compare it with earlier estimates and written builder promises. Question every discrepancy before signing.

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Questions about the final walk-through and closing

Schedule a final walk-through before signing. The Consumer Financial Protection Bureau advises buyers to inspect the home and raise differences between the completed property, the agreement and prior representations. Closing documents are legally binding, so take time to read them.

Use a documented walk-through checklist

  • Are the plan, layout, finishes, fixtures and appliances the ones specified?
  • Are agreed repairs complete, safe and documented?
  • Do doors, windows, locks, outlets, switches, plumbing fixtures, heating and cooling controls operate?
  • Are surfaces, cabinets, floors, trim, glass and paint free of obvious damage?
  • Are keys, remotes, access devices, manuals, warranties and maintenance instructions present?
  • Are permits, occupancy approvals and required utility connections complete?
  • Are unfinished items listed with responsible parties and completion dates?

Ask what happens if the home is not ready

  • Can you bring your inspector to the final walk-through?
  • Will incomplete or defective work be repaired before closing, escrowed, credited or handled under a post-closing agreement?
  • Who signs the punch list, and how do you confirm completion?
  • Does accepting keys waive any claims or warranty rights?
  • May you review the final deed, note, mortgage, settlement statement, warranty and addenda before the appointment?

If the home or documents differ from what was agreed, raise the issue promptly and preserve photographs, reports and written communications. The contract and applicable law determine your remedy; do not assume a last-minute verbal promise changes the deal.

A practical question sequence for your builder meeting

  1. Start with documents: obtain the purchase agreement, specifications, options, allowances, warranty and all addenda.
  2. Mark financial commitments: identify the base price, inclusions, exclusions, allowances, change-order fees, deposits and permitted price adjustments.
  3. Set the construction process: record selection deadlines, inspection stages, access rules, schedule milestones and delay notices.
  4. Confirm legal completion: identify permits, final inspections, occupancy approval and utility responsibilities.
  5. Plan for defects: document the warranty claim process, inspection response, punch-list procedure and dispute terms.
  6. Compare financing: obtain written loan costs, incentive conditions and updated disclosure timing from the lender.
  7. Protect the closing: schedule the final walk-through, review closing documents and decide how unresolved work will be handled before signing.

Warning signs that require clarification

  • The salesperson says a feature is included but refuses to add it to the specifications.
  • An allowance is listed without explaining installation, tax, markup or credit calculations.
  • The builder will not provide the warranty or full contract before taking a nonrefundable deposit.
  • Inspection access is promised verbally but the contract is silent or restrictive.
  • The completion date is repeatedly described as guaranteed while the delay clause allows broad extensions.
  • A financing incentive is advertised without a written comparison of rate, points, fees and conditions.
  • You are urged to sign closing documents without time to review discrepancies or unfinished work.

Each warning sign calls for a written answer, not necessarily a failed transaction. If the answer changes your cost, timing, inspection rights or remedies, revise the contract before signing or obtain professional advice.

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What to keep after signing

Maintain one organized file—digital and paper—with the signed contract and amendments, selections, change orders, payment records, inspection reports, photographs, permit and occupancy records, warranty documents, manufacturer manuals, lender disclosures, walk-through lists and repair correspondence. Record dates, names and promised actions after every meeting. This documentation makes it possible to show what was agreed, when a defect was reported and whether a deadline was met.

Bottom line

Ask questions that force a measurable answer: what is included, what can change, who pays, when it will be complete, how you may inspect it and what remedy exists if the result differs from the promise. Then make the answer part of the signed documents. A new home still requires independent scrutiny, contract review, disclosure comparison and a careful final walk-through.

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