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A new-construction contract can commit you to a home, a price, a schedule and a set of remedies that are difficult to change later. Before signing, get written answers about the deposit, contingencies, financing, plans and allowances, inspection access, delays, warranty claims and dispute terms. This guidance is U.S.-focused: contract rights and rules vary by state and by agreement, so have a local real estate attorney review the actual contract and its attachments.
Use the questions below as a checklist. A builder’s explanation is useful, but the signed contract and incorporated documents determine what you can enforce. If an answer matters to your decision, ask for it in writing and confirm that it appears in the contract or an attached, signed addendum.
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Questions to ask a homebuilder before signing: quick checklist
- Price and scope: Which plans, specifications, lot details, finishes, appliances, landscaping and other features are included in the signed price?
- Allowances and fees: Which allowances can change the final price, how are overages or credits calculated, and what costs are outside the stated price?
- Changes: How must a buyer-requested change be documented and approved, how is its price determined, and can it move the completion date?
- Deposit: How much is due, when is it due, who holds it, and exactly when can it be returned?
- Contingencies: Does the contract include financing and satisfactory-inspection contingencies? What are their deadlines, notice requirements and consequences if a condition is not met?
- Financing: Is the builder-affiliated lender optional, and which incentives depend on using it? What happens if financing is denied or the appraisal is below the contract price?
- Inspections: Can an independent inspector visit during construction and before closing? Can you attend, receive the written report and have findings documented and resolved?
- Completion: What date is promised, what does “completion” mean, what events allow an extension, and what remedies apply to a substantial delay?
- Warranty: What is covered, for how long, what is excluded, and how must a claim be submitted?
- Default and disputes: What counts as default, what notice and cure periods apply, and does the contract require mediation or arbitration?
These questions reflect the key protections highlighted in federal consumer guidance, but they are not a substitute for reading the full agreement. The Consumer Financial Protection Bureau (CFPB) specifically advises buyers to ask a builder about deposit-return conditions before committing.
What exactly is included in the price?
Ask the builder to identify the home and property you are agreeing to buy, not just provide a headline price. Plans, specifications, lot details and selection documents should be attached to the contract or clearly incorporated into it. If a feature is important—a particular finish, appliance, landscaping item or site detail—confirm that the written documents name it and explain what happens if it is unavailable.
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- Which plan version, elevations, specifications and lot are part of the agreement?
- Which finishes, appliances, fixtures, landscaping and other features are included?
- Are there allowances for selections? How is the final cost calculated if a selection exceeds the allowance, and what credit applies if it costs less?
- Are community fees, utility connection charges or other costs outside the stated purchase price? Can the builder give you a written list?
An allowance can make the base price look more definite than the final price really is. Before signing, ask what decisions remain open, when each selection is due and how the contract handles a selection that is late, discontinued or more expensive than its allowance. The reviewed federal guidance does not establish a universal list of extra fees; the point is to ask what applies to this home and have the answer documented.
How are changes to the plans, price or schedule approved?
Ask for a written change process before you request or approve any change. A conversation or informal message may not show the final price, schedule effect or revised scope clearly enough to resolve a later disagreement.
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A HUD proposed-construction contract form illustrates written change terms in its own context; it is an example of documentation, not a universal rule for ordinary home purchases. Your contract and local law control.
When is the deposit due, and when can I get it back?
Get the deposit amount, payment deadline, holder and refund conditions in writing. Do not assume a deposit is refundable—or automatically forfeited—without checking the actual agreement and applicable law.
The CFPB says: “Before committing, ask the homebuilder under what conditions the builder deposit can be returned.” Ask the builder to address specific scenarios rather than relying on a general assurance:
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- Your loan is denied or you cannot obtain financing by the stated deadline.
- An inspection identifies serious defects or you are dissatisfied with the results.
- The appraisal is below the contract price, or a title issue prevents closing.
- The builder misses a completion deadline or makes another material change covered by the contract.
For every contingency, ask what notice you must give, how you must deliver it and by what date. A deadline may matter as much as the underlying protection: missing a notice requirement can affect whether you can use a contingency. The CFPB recommends considering financing and satisfactory-inspection contingencies because they may help prevent a buyer from being contractually required to purchase when a loan is unavailable or an inspection reveals serious flaws. Whether you have that protection depends on the signed language.
Read the deposit clause alongside the cancellation, default and dispute provisions. If the contract says the deposit may be withheld, ask what events trigger that result, whether there is a cure period and how a disagreement about the funds is handled.
Do I have to use the builder’s lender?
Ask whether the builder-affiliated lender is optional, what incentives depend on using it and what happens to those incentives if you choose another lender. The CFPB says buyers may shop around rather than use a builder-associated lender.
Compare written loan offers, including the terms and costs shown in each lender’s documents, rather than comparing only a quoted rate or incentive. Ask the builder and lender to explain the deadlines for loan approval, appraisal, rate lock and closing, and how those dates interact with the contract’s contingency periods.
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Also ask what the contract says if your loan is not approved or the appraisal comes in below the purchase price. Do not assume the builder will extend a deadline, reduce the price or return the deposit unless the agreement or a signed amendment provides for it. A lender’s incentive can be relevant, but it does not replace comparing the loan terms or understanding your contractual exit rights.
Can I hire an independent inspector during construction?
Ask whether independent inspections are allowed during construction and before closing, which stages are accessible, how visits are scheduled and whether you may attend. Get the process—and any restrictions—in writing before relying on an inspection contingency.
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Ask the builder to explain how inspection findings are recorded, who responds, what repair deadlines apply and how completion of repairs is confirmed. Request the complete written report and keep it with the contract and any repair correspondence. If the builder disagrees with a finding, ask how that disagreement is handled and whether it affects closing or your rights under the contract.
The CFPB explains that attending an inspection can help a buyer understand the report and ask questions. It also describes how an inspection contingency may allow cancellation without penalty if the buyer is dissatisfied, when that protection is included in the contract. HUD’s forms index lists a buyer home-inspection form, “For Your Protection: Get a Home Inspection.” These resources support inspection diligence; they do not guarantee that every builder allows site access or that every contract includes an inspection contingency.
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Ask whether closing or occupancy is tied to a certificate of occupancy or an equivalent document from the local building authority. HUD materials identify a certificate of occupancy or equivalent among documentation for certain FHA new-construction financing. That is a program-specific financing matter, not a universal contract term. Confirm applicability with your lender and local building authority.
What completion date is promised, and what happens if the home is delayed?
Ask for the promised date and a definition of “completion.” A target date, substantial-completion date, closing date and date the home is ready for occupancy may not mean the same thing in the contract.
- What events allow the builder to extend the schedule?
- How and when must the builder notify you of an expected delay?
- Does a change you request extend the date, and how is the extension calculated?
- If the delay becomes substantial, can you cancel, recover the deposit or seek another remedy?
There is no single nationwide remedy for a delayed new home. The contract language and local law matter, so ask an attorney to explain the extension clause, any outside completion date and the consequences if it passes. A written change agreement can specify schedule changes in the context of a HUD form, but that example does not determine remedies under a different retail contract.
What does the builder’s warranty cover?
Read the full warranty before signing, not only a summary or sales explanation. Ask what workmanship, materials, systems and structural components are covered, for how long, what is excluded and how to submit a claim.
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The Federal Trade Commission says builder warranties generally cover limited workmanship and materials for specified permanent components, but the exact coverage varies. Ask the builder:
- When does each coverage period begin, and which components have different periods?
- How soon must a defect be reported, and what form or documentation is required?
- Who decides whether a problem is covered, and what happens if the builder disputes the claim?
- Are manufacturer warranties separate from the builder warranty, and how are they transferred?
Ask for the claim process, contact details and deadlines in a form you can keep. A warranty may limit what the builder must repair and how a dispute proceeds; do not infer broader coverage from a general promise to “stand behind” the home. The FTC also discusses arbitration in connection with warranty disputes, but that does not establish that your purchase contract contains an arbitration clause. Read the actual warranty and contract provisions.
FHA-insured new-construction loans have program-specific documentation rules, including a Warranty of Completion of Construction form in qualifying circumstances. HUD’s Mortgagee Letter 2019-05 addresses that requirement. It should not be treated as proof that every new home comes with a universal ten-year warranty or as a substitute for reviewing the builder’s actual warranty.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What counts as default, and how are disputes handled?
Ask the builder to point out the default and dispute clauses, then have your attorney explain their consequences under the governing law. A clause may apply differently to a buyer’s missed deadline, a builder’s delay or a disagreement over a repair.
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These terms depend on the contract and local law. Do not assume that a warranty’s dispute process also governs the purchase contract, or vice versa. Have counsel review the full set of documents together.
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How should I compare two builders’ contracts?
Compare the written terms side by side, not just the quoted price or model home. Use the same questions for each contract so that a favorable answer from one builder does not hide a different cost, deadline or remedy in the paperwork.
- Deposit amount, holder, refund triggers and notice deadlines.
- Financing and inspection contingencies, including what happens when a condition fails.
- Plans, finishes, allowances, included features and costs outside the purchase price.
- Change-order approval, pricing and schedule-extension rules.
- Independent inspection access, defect documentation and repair process.
- Completion definition, extension rights and remedies for delay.
- Warranty coverage, duration, exclusions and claim procedure.
- Default, assignment, mediation or arbitration and governing-law terms.
A lower starting price is not necessarily the lower-risk or lower-cost agreement if more selections are allowances, fewer features are included or the contract gives you fewer options when financing, inspection or timing goes wrong. Use the written documents to identify the difference, and ask a local real estate attorney to explain any term you cannot evaluate confidently.
What should I do before I sign?
- Collect the full document set. Ask for the contract, all referenced plans and specifications, lot or site details, selection and allowance sheets, deposit terms, warranty and any proposed change or incentive documents.
- Mark every deadline. Write down deposit, financing, appraisal, inspection, selection, notice and closing dates. Ask who must act by each date and how notice must be delivered.
- Get unclear answers in writing. If a feature, refund condition, lender incentive, inspection right or schedule promise matters, ask for a contract clause or signed addendum that states it plainly.
- Compare the loan separately. Obtain written loan offers and confirm how lender choice affects incentives and contractual dates.
- Arrange a local legal review before signing. Ask counsel to explain contingencies, deposit recovery, delay remedies, default, dispute terms and how attachments become part of the agreement.
- Keep the signed record. Retain the executed contract, incorporated documents, signed changes, inspection reports and written notices in one place.
The purpose of this checklist is not to make every builder’s contract identical. It is to surface the terms that can determine what you pay, what you receive and what options remain if the project, financing or inspection does not go as planned.
Frequently Asked Questions
Should I have a lawyer review a new-construction contract?
Yes, a local real estate attorney can explain how the actual contract and state law affect deposits, contingencies, delays and dispute terms. Ask for review before signing, while there is still time to request written changes.
What documents should I take to a contract review?
Bring the full proposed agreement and every document it references, including plans, specifications, selection or allowance sheets, the warranty and any incentive or change documents. A reviewer needs the attachments as well as the main contract to see what is actually included.
Should I get homeowners insurance before closing on a new build?
Ask your lender and insurance provider when coverage must begin and what proof is needed for closing; requirements and timing can vary. Do not assume the builder’s construction coverage protects your interests after ownership transfers.
Can a builder change the home after I sign?
The answer depends on the contract’s substitution, change and notice provisions. Ask counsel to identify what changes the builder may make without your approval and whether a material change gives you any remedy.
