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Do not sign until every important promise is written into the contract and its attachments. Ask for the complete agreement, plans, specifications, allowances, payment schedule, warranty and dispute terms; verify the builder’s license and insurance; clarify deposit-refund conditions, permits, inspections, delays and financing; and keep a complete signed copy. Federal consumer guidance is useful, but construction contracts, deposit limits, licensing rules, cancellation rights and warranty requirements vary by state and locality.
First, identify which agreement you are signing
“Building a home” can mean two different transactions. In a construction contract, you hire a builder to construct a home on land you own or are buying separately. In a purchase agreement for a not-yet-built home, the builder (often also the seller) agrees to sell you a home that will be constructed. Deposit, financing, inspection and cancellation provisions can operate differently, so ask the builder to explain which document controls each issue.
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| Issue | Construction contract | Not-yet-built home purchase |
|---|---|---|
| What you are buying | Construction services and specified work on your site | A completed or planned home and, usually, the lot |
| Upfront money | Often a deposit or progress payment; local law may limit advances | Usually called earnest money or a builder deposit |
| Inspection and closing | Payments may be tied to construction milestones and final completion | Closing generally occurs after construction, subject to the purchase agreement |
| Financing choice | You arrange construction or mortgage financing under your loan terms | The builder may offer an affiliated lender or incentive, but you can shop for other financing |
Do not assume a right to cancel, recover a deposit or require a particular inspection simply because another contract provides it. Read the actual language and confirm state and local requirements with a consumer-protection or licensing agency. For a significant agreement, consider having a local real-estate or construction attorney review it before you sign.
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Can I take the complete contract away to review?
Ask for a review copy before paying a deposit or signing anything. It should include every exhibit and attachment, including plans, specifications, finish schedules, allowance sheets, site-work descriptions, change-order forms, financing addenda and the written builder warranty. A page referenced in the contract but not provided is an unresolved risk.
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Use this document-control checklist
- Every party’s full legal name, address and contact information.
- The project address, lot or legal description, and the party responsible for site conditions.
- A complete scope of work, with included and excluded items.
- Plans, elevations, specifications, brands or performance standards for materials and equipment.
- A list of allowances and the method for charging selections above or below each allowance.
- Start and estimated completion dates, milestones and events that may extend the schedule.
- The total price, payment schedule, retainage or final-payment conditions, taxes and fees.
- Permit, license, utility-connection and municipal-inspection responsibilities.
- Change-order procedure, pricing, approval requirements and schedule effects.
- Completion, punch-list, warranty, notice, mediation, arbitration and court provisions.
Ask, “Are there any blanks, entries or documents that will be completed later?” Have them completed or attached before signing. The Consumer Financial Protection Bureau advises recording who pays for materials, the quantity and quality of those materials, who obtains permits or licenses, project dates, total price, payment schedule and all verbal promises. Treat that as a minimum documentation standard.
Never rely on a salesperson’s statement that is absent from the signed paperwork. The CFPB’s contractor guidance puts it plainly: “Never sign a contract without carefully reading it, and always ask questions.”
What exactly is included in the price?
Scope, materials and specifications
Ask the builder to walk through the plans and specifications line by line. Clarify foundation and excavation, framing, roofing, windows, insulation, heating and cooling, plumbing, electrical work, appliances, cabinets, flooring, paint, landscaping, driveways, drainage, utility connections, cleanup and permits. If an item is excluded, write that down so you can budget for it.
For each significant material or system, ask for a quantity, quality or performance description rather than a vague label such as “standard.” Confirm model numbers or acceptable equivalents for appliances and equipment, and identify who selects colors, fixtures and finishes and by what deadline.
Allowances and substitutions
An allowance is a placeholder amount for an item you will select later. Ask:
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- What is the allowance amount, and does it include delivery, labor, installation, taxes and markup?
- How is an overage billed and how is a credit calculated if your choice costs less?
- When must you make the selection, and what happens if you miss that date?
- Can the builder substitute a product that is unavailable? Must the substitute be equal or better in quality, and do you approve it in writing?
Do not accept a broad right to substitute materials without a written quality standard and a price adjustment method. A change in a visible finish, appliance or system can affect both cost and future maintenance.
How can the contract price and payments change?
Fixed price, adjustments and change orders
Ask whether the stated total is fixed. Identify every event that can increase it: site conditions, material-price changes, design changes, allowances, code upgrades, utility work, taxes or owner-requested extras. Require a written change order that states the revised scope, price, credit, schedule impact and signatures before work begins. Do not approve a change orally or by text message alone unless the contract expressly makes that method binding and you retain the record.
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Obtain the exact amount and due date for the deposit, each progress payment and the final payment. Ask what evidence of completion supports each draw: an inspection approval, a defined stage of work, invoices or lien releases. Keep receipts and copies of every payment request.
Ask whether a portion of the price is retained until the agreed work is complete and documented deficiencies are corrected. The CFPB recommends a total price, payment schedule, receipts and written records. FTC consumer guidance cautions against paying the entire project amount upfront. State law may limit down payments or advance payments, so verify the rule with your state or local consumer agency.
When can I get my builder deposit back?
Get the answer in a signed clause before paying. Ask what the deposit is for, who holds it, whether it is placed in a separate account, and the precise conditions for a full or partial refund. For a not-yet-built home, ask specifically:
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- What happens if your mortgage or other financing is denied or the approved terms change?
- What if the builder changes the plans, specifications, price or lot?
- What if construction is materially delayed or never starts?
- What if an inspection, appraisal, title review or other stated contingency is unsatisfactory?
- What notice and deadline apply if you exercise a termination right?
- Are deductions allowed for design work, permits, administrative costs or alleged damages?
There is no universal refund entitlement. The agreement and applicable state and local law control. Do not infer that a “nonrefundable” label resolves every legal question, and do not assume a financing failure automatically returns the money. Ask for the procedure, recipient, timing and method of any refund in writing.
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No. CFPB guidance says a buyer of a not-yet-built home does not have to use the builder-associated lender and may shop for financing. Compare the complete terms, not just an advertised rate or closing-cost credit.
| Compare | Questions to ask |
|---|---|
| Interest rate and loan type | Is the rate fixed or adjustable? What is the annual percentage rate and lock period? |
| Cash to close | What deposit, down payment, lender fees, points, reserves and other charges are required? |
| Incentive conditions | Does a builder credit require using the affiliated lender, closing by a certain date or accepting other restrictions? |
| Construction timing | What happens if the rate lock expires because completion is delayed? |
Ask the builder to provide incentive terms in writing and compare the same loan amount, term and assumptions with at least one independent offer.
What dates, permits and delay remedies apply?
Ask for an estimated start date and completion date, then identify what each date means. Is “completion” substantial completion, a certificate of occupancy, a punch-list target or closing readiness? List events that may extend the schedule, such as weather, shortages, permit delays, owner selections, force-majeure events or changes.
Permit and approval responsibility
Write down who obtains each building permit, trade license, zoning approval, utility approval and certificate of occupancy, who pays the fees and who schedules municipal inspections. Ask for copies of approvals when issued. A promise that the builder “handles permits” should specify which permits and the evidence you will receive.
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Communication and remedies
Specify how delays are reported, how often you receive progress updates and who has authority to approve changes. Ask what happens if the builder misses the completion date: Is there an extension process, a daily credit, a right to terminate or another remedy? Do not assume a date is guaranteed unless the contract says so.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Can I get an independent inspection?
Ask for the right to hire an independent inspector who works for you, not the builder, at appropriate construction stages and before closing or final payment. Confirm required notice, site-access rules, safety restrictions, inspection windows and who pays the fee.
Useful inspection points may include the foundation before concealment, framing and rough-ins before insulation and drywall, and a final inspection before closing. The contract should explain how deficiencies are recorded, who corrects them, the deadline for correction and whether you can withhold an agreed final amount until the work is addressed.
CFPB guidance recommends an independent inspector accountable to the buyer. If a purchase agreement makes the transaction contingent on a satisfactory inspection, a buyer may be able to cancel without penalty when dissatisfied. That protection is contract-specific; do not assume every builder agreement contains it or that an inspection creates a general cancellation right.
How do I check the builder before signing?
Ask for the builder’s legal business name, license number and the government office where the license can be verified. Request current proof of liability and workers’ compensation insurance, as applicable. FTC guidance recommends checking state or county licensing, requesting proof of insurance, reviewing references and complaints, and comparing multiple written estimates.
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Use comparable written proposals
When comparing builders, place the proposals side by side using the same dimensions:
- Scope, plans, specifications and exclusions.
- Included materials, allowances and substitution rights.
- Total price and every adjustment mechanism.
- Deposit refund rules and payment milestones.
- Start and completion estimates and delay provisions.
- Permit responsibility and inspection access.
- Warranty coverage, exclusions and claims process.
- Mediation, arbitration, court and fee provisions.
- Verified license, insurance, references and complaint history.
- Financing terms and conditions for any incentive.
Ask recent customers about workmanship, communication, change-order pricing, schedule performance and how warranty problems were handled. A reference list supplied by the builder is useful but should not replace independent license and complaint checks.
What does a new-home builder warranty cover?
Read the actual warranty, not a brochure summary. FTC guidance says new-home warranties vary by component and duration, commonly contain exclusions and may require mediation or arbitration. A builder warranty is different from an optional paid home-warranty service contract.
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Ask:
- Which components are covered: workmanship, materials, systems or structural elements?
- What exclusions apply to soil movement, owner maintenance, normal wear, appliances, cosmetic issues or consequential damage?
- How long does each category last, and when does the period begin?
- How do you submit a claim, what form and deadline apply, and what records or photographs are required?
- Who decides whether a defect is covered, and who performs the repair?
- Can the builder choose repair, replacement or payment, and how are disagreements handled?
- Does the warranty require mediation or arbitration, who pays the fees and is the decision binding?
FTC describes general patterns—not guarantees—in which workmanship and materials may commonly be covered for one year, certain systems for two years and major structural defects in some programs for up to ten years. Your written warranty controls; never treat those examples as a promised term.
What should I do immediately before signing?
- Read the entire contract and every attachment, including fine print, definitions and dispute clauses.
- Mark every blank, missing exhibit, allowance, unresolved selection and verbal promise.
- Obtain written answers and revised pages; do not rely on assurances that a detail will be “handled later.”
- Check the builder’s license, insurance, references and complaint records.
- Compare at least two complete written proposals on identical dimensions.
- Confirm deposit-refund conditions, financing choices and any incentive restrictions.
- Confirm permit responsibility, inspection access, completion standards and delay remedies.
- Have a local attorney review a significant or unusual agreement, especially one with broad indemnity, arbitration, waiver or liquidated-damages language.
- Initial or sign agreed changes as required, date the final version and ensure every party receives the same complete copy.
- Store the contract, plans, receipts, permits, change orders, inspection reports, warranty and correspondence in one secure location.
Contract requirements vary by state, as the Federal Trade Commission emphasizes. Before signing, confirm location-specific rules with the appropriate state or local licensing, building or consumer-protection agency. If an important term remains unclear, the safest answer is to pause signing until the documents state the deal unambiguously.
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