Before you pay a reservation fee or sign anything, get the reservation agreement, proposed sale contract and every document they refer to. Confirm in writing what the fee reserves, when it can be refunded, how your deposit will be held, what happens if the home changes or completion is delayed, and exactly what is included in the price. Have an independent property lawyer or conveyancer qualified in the home’s location review the paperwork, and verify the neighborhood and project details yourself.
Use the questions below as a checklist, not as a statement of universal legal rights. The meaning and protections attached to a reservation, deposit, exchange, completion, inspection or warranty differ between countries and sometimes between states or provinces.
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What should I ask before paying a reservation fee?
A reservation may take a home off the market for a limited period, but the fee, refund conditions and next deadlines depend on the written agreement and local law. GOV.UK advises buyers of new-build homes in the UK to check the small print because a reservation fee may be refundable only in certain circumstances; it also notes that developers may set a short deadline to exchange contracts and pay a deposit. Do not assume that withdrawing, losing financing or facing a delay automatically entitles you to a refund.
- What, exactly, does the fee reserve: a particular plot and home, or something else?
- How long does the reservation last, and what must I do before it expires?
- Is the fee credited toward the purchase price? In which written circumstances is it refundable, and what notice method and deadline apply?
- What happens to the fee if financing fails, I withdraw, the developer changes the home, or completion is delayed?
- Who holds the fee and later deposit? Who can release the money, and what happens to it if the developer becomes insolvent?
- What is due at reservation, contract signing or exchange, any construction milestones, and completion? Will I receive a receipt and written payment confirmation each time?
- Can a deposit bond or bank guarantee be used instead of cash, and who must approve it?
These are contract- and location-specific questions. For example, NSW guidance says a bank guarantee or deposit bond may be used instead of a cash deposit only if the developer agrees before the contract is signed. Arizona’s buyer checklist asks purchasers to establish whether earnest money is held in escrow, by the builder or in the developer’s general funds. Neither arrangement should be assumed to apply to a home elsewhere.
Which documents should I get, and who should review them?
Ask for the complete proposed contract and every document incorporated into it before paying or signing. That may include plans, specifications, disclosures, title information, shared-property rules and the reservation terms. A brochure, show-home visit or sales conversation is not a substitute for checking what the signed documents promise.
- What is the deadline to sign or exchange, and what happens if my lender or independent adviser needs more time?
- Does the contract make the purchase conditional on financing, valuation, title review or other checks? Which conditions must be written into it to apply?
- What do the documents say about termination, default, disputes, deposit forfeiture and the developer’s remedies?
- Which sales statements are binding promises, and which are estimates or marketing material?
- Can my lawyer or conveyancer send written questions and receive written answers before the reservation expires?
Choose an independent lawyer or conveyancer who is qualified for the property’s jurisdiction, rather than relying only on an adviser recommended by the developer. GOV.UK says a buyer’s legal representative should explain the contract and notes that, in the UK guidance context, buyers are not obliged to use a developer’s preferred mortgage adviser or lawyer. NSW and Consumer Affairs Victoria also advise obtaining legal or other relevant advice before signing or paying. The right adviser and any applicable review period depend on the location.
What happens if construction or completion is delayed?
Ask whether the advertised completion date is an estimate or a date with contractual consequences. A build can slip, and a changed timeline may affect temporary accommodation, storage, mortgage-offer validity or the timing of another valuation. GOV.UK advises buyers to consider whether a mortgage offer will need refreshing if construction is delayed.
- What date or range is currently expected, and how will the developer notify me of changes?
- Is there a contractual long-stop or sunset date? What choices do I have if it passes without completion?
- Can the developer extend the completion or sunset date unilaterally? If so, in what circumstances and for how long?
- What contractual remedies or cancellation rights apply if the home is substantially late?
- What construction milestones have been reached, and what remains before the home, utilities, access roads and shared amenities are ready?
- Who bears costs caused by delay, such as temporary accommodation, storage, a mortgage-offer extension or a new valuation?
GOV.UK describes long-stop dates as a possible contractual route to withdraw after a long delay; whether that applies, and on what terms, is a matter for the contract and local law. NSW’s off-the-plan guidance specifically recommends asking about powers to extend sunset dates or completion. For homes reserved from 2 March 2026, the New Homes Quality Board says its identified code version covers reservation and sale stages, pre-completion information and circumstances including excessive delay and major changes. Check whether that code applies to the home and transaction in question.
What exactly am I buying?
Pin down the identity and specification of the home in the documents that will form part of the deal. Ask which plan controls if a brochure, sales-office drawing and contract schedule differ.
- What are the plot number, boundary, tenure, internal area and measured outdoor space?
- Which fixtures, appliances, finishes, parking spaces, storage areas and landscaping are included in the stated price?
- Are show-home items, images, room layouts or dimensions illustrative? What substitutions or design changes can the developer make?
- Can the developer change the plan, materials, layout, size, finishes, appliances, landscaping or shared facilities? Which changes give me a right to cancel, seek a remedy or receive a refund?
- Are roads, drainage, utility connections, lighting, landscaping and communal facilities finished, or still planned? Who is responsible for completing them and paying for that work?
- Is the home subject to homeowners’ association, strata or body corporate rules, estate management arrangements or other shared-property obligations?
Request the title, zoning, use restrictions, easements, utility details and project disclosures available for the property. Depending on the jurisdiction and development, relevant records may also address roads, water, soil or geological conditions, hazards, and financial arrangements for completing subdivision improvements. The California Department of Real Estate describes these as potential subdivision disclosure topics; the documents available and their legal significance vary by location. Verify important project claims against contract documents and official records, not just verbal assurances.
What will the home really cost?
Ask for an itemized written estimate of the amount payable beyond the advertised purchase price, both before moving in and over time. Possible items include legal fees, taxes, utility connections, estate or facility charges, ground rent where applicable, insurance, shared amenity costs, parking, optional upgrades and future maintenance obligations. GOV.UK specifically flags estate facility charges as an additional cost on some UK new-build purchases; other charges and their legal treatment vary.
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For every recurring charge, ask who sets it, how it is calculated, how often it can rise, what services it covers, whether unpaid amounts can attach to the property, and which signed document creates the obligation. Request current budgets or charge schedules where available, and ask how future changes are approved.
How can I check an unfamiliar neighborhood?
Do not treat a developer’s location map as proof that a service is operating or will be available when you move in. Arizona’s official buyer checklist identifies schools, shopping, public transport, medical care, fire and police services, and waste collection as matters to investigate. Check service availability with relevant local authorities and providers.
- Which public transport, schools, health care, shops, emergency services and daily amenities are nearby? How long do they take to reach at the times I expect to use them?
- Which utility and internet providers serve the exact plot now, and which connections are still planned?
- Are there planned roads, later construction phases, commercial sites, noise sources or environmental risks that could affect this plot?
- Can I visit the exact plot and surrounding streets at different times, including a normal weekday?
- Which claims about future services or development are guaranteed by contract or supported by public plans, and which are estimates?
For infrastructure, hazards and planning, compare the developer’s statements with official records and information from local providers. A nearby service shown on a map may not be open, connected or accessible from the home when you need it.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What should I ask about inspections, defects and the warranty?
Get the full warranty policy and the inspection arrangements before committing. A warranty label or stated term does not tell you which parts of the home are covered, what exclusions apply or how to make a claim.
Do these 3 things before closing this tab:
1Repair Windows errors before they cause bigger problems2Scan for outdated or missing drivers - takes under a minute3Clear out junk files and repair common Windows errors- Who provides the warranty, when does cover begin, who is covered, and what structural and non-structural defects are included?
- What is excluded, what are the claim deadlines, and does cover extend to the attached land, fixtures and shared areas or only specified parts?
- Can I arrange a suitably qualified independent inspection before legal completion? What access, timing and site-safety rules apply?
- How will defects or unfinished work be recorded, who must fix them, by when, and what happens if they remain unresolved at completion?
- Who handles complaints and disputes after move-in?
GOV.UK describes snagging as identifying defects or unfinished work, recommends considering a snagging survey after the home is built and before completion, and cautions that common warranty periods may not cover the whole property or attached land. The New Homes Quality Board says customers can arrange a suitably qualified pre-completion inspector under its code, subject to the code and applicable arrangements. Confirm what access and remedies are available for your particular purchase.
How should I compare two developments?
Compare written terms and verifiable project information rather than sales-office assurances. Fill in the same questions for each development; write “not stated” where the documents do not establish an answer, then ask for clarification before deciding.
| Compare | Record for each development |
|---|---|
| Total cost | Purchase price, upfront charges, recurring charges, how each charge is calculated, and how it can change. |
| Reservation and deposit | Fee amount, reservation period, written refund conditions, deposit holder, release rules and any stated insolvency protection. |
| Financing and cancellation | Written contingencies, deadlines, termination conditions, default remedies and deposit consequences. |
| Timing and delay | Estimated completion, long-stop or sunset date, extension powers, notice process and contractual exit rights. |
| Home and included items | Plot, measured area, boundary, tenure, finishes, appliances, parking, storage, outdoor space and permitted substitutions. |
| Project and title | Available title, planning, utility, road, hazard and other official disclosures; outstanding infrastructure and who pays to complete it. |
| Warranty and defects | Provider, covered parts, exclusions, claim process, inspection access, defect recording and remedies. |
| Location and services | Verified access to transport, schools, health care, utilities and daily services, plus known nearby plans or risks. |
What to do before the reservation deadline
- Collect the paperwork: request the reservation agreement, proposed sale contract and all referenced plans, specifications, disclosures, title documents and rules.
- Ask for written answers: resolve fee refunds, payment handling, deadlines, contingencies, changes, delay remedies, included items, charges, inspection access and warranty terms.
- Get independent local advice: have a qualified lawyer or conveyancer review the documents and explain the consequences of signing or missing a deadline.
- Verify the project and neighborhood: check official records and local service providers, and visit the actual plot and surrounding area.
- Confirm the payment and timing: understand who receives each payment, get written confirmation for it, and make sure your lender and adviser know the contract timetable.
Reservation fees, escrow or other deposit arrangements, cooling-off periods, title systems, warranties, inspection rights and remedies are not uniform. The official material cited here spans the UK, New South Wales, California, Arizona and Victoria; it identifies useful questions but does not establish the law for an unspecified city. US closing disclosures and walkthrough guidance from the Consumer Financial Protection Bureau apply to US closing processes, not as a general rule for new-build reservations. Check the rules with the relevant local regulator and an adviser qualified where the home is located.
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