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New constructionAugust 6, 2026 · Marcus Bell

Buying new construction: what the builder's contract leaves out

The short answer

A builder's purchase contract is written by the builder's own team, and it often gives the buyer fewer protections than a resale contract. Before you sign, read the completion and delay terms, the deposit refund rules, your right to independent inspections and the warranty claims process.

New homes are a good choice for many buyers. The point is to know what you are agreeing to, and to have someone on your side who has seen how builds run.

Four clauses to read twice

ClauseWhat to look forWhy it matters
Completion dateAn estimate, not a promise, in many contractsYour lease or sale timing depends on it
DepositWhen it becomes non-refundableYour money at risk if plans change
InspectionsWhether outside inspectors are allowedThe pre-drywall check is the most useful
WarrantyLength and how claims are madeYear-one items need a clear process

Inspections the county does not do for you

Municipal inspections confirm code minimums. An independent inspector looks at the work on your house in detail, and the pre-drywall stage is the last chance to see wiring, plumbing and framing before they disappear behind walls.

01.Foundation

Forms, plumbing rough-ins and grading.

02.Pre-drywall

Framing, wiring, ducts, windows and flashing.

03.Final

A full inspection and written punch list.

04.Eleven months

A last check before the first-year warranty ends.

Keep a punch list with photographs and dates, and keep asking until each item is closed. We do this for every new construction client.

Register your agent on the first visit. After that, most builders will not let you add one.

Marcus BellBuyer Agent

Questions readers ask

Can I negotiate with a builder?
Often on closing costs, lot premiums or upgrades rather than the base price, especially on finished inventory homes.
Do I need an agent for a new build?
You do not have to have one, but the builder's staff represent the builder. An agent of your own reads the contract and attends the walkthroughs for you.
What if the builder misses the date?
It depends on the contract terms. Plan your lease or sale with some room, and ask about rate lock extensions.