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Should I Buy a New Construction Home?
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Key Takeaways
- New build houses can offer customization, modern quality, and some extra peace of mind compared to an existing home.
- The home buying process can take longer for a property still under construction.
- If you’re considering a new construction home, carefully consider your financing options, home warranties, and the terms of your purchase agreement.
New construction homes are an attractive option for anyone buying a new house. Newly constructed homes are typically custom homes. The homebuyer can design their dream home and choose the features and upgrades they want. They have the assurance that everything in their home is brand new. They can avoid the complications of owning an existing home.
But buying a home is a process, even if it’s a newly constructed home. This FindLaw article explores the steps and what to consider before buying a new build. It will also describe when you might need a real estate attorney to help with the transaction and issues along the way.
Some of the steps involved in purchasing a newly constructed home include, but are not limited to, the following:
- Consider the pros and cons
- Find a builder or developer
- Understand the new construction timeline
- Secure financing
- Sign contracts or agreements
- Organize home inspections
- Explore warranties
- Close on the home
Buying an Existing Home vs. New Construction Home
Newer doesn’t automatically mean better. Every buyer has their own preferences. To know whether a new build home is right for you, consider the advantages and risks it might present.
Here are a few features of buying an existing home to keep in mind:
- Move-in ready: While there may be a brief waiting period before your move-in day, you won’t have to deal with a long timeline and potential for delays.
- More maintenance: Older homes may need costly repairs for plumbing, the HVAC system, or other major features.
- Harder to change: What you see is what you get. A remodel can be expensive, and you may encounter unexpected issues if you try to customize an existing property.
- Established neighborhood: Unlike new developments, the area around an existing home may have more mature landscaping and character.
Consider the following when evaluating whether to buy a new construction house:
- Less maintenance: A brand new home will generally be in excellent condition with new fixtures and appliances, so it probably won’t be due for any major repairs for many years.
- Customization options: Some developers may allow you to make design choices that will be added to your home for you. For example, you may choose tile and paint colors, cabinets, and light fixtures.
- Modern amenities: New builds may use materials that improve features like temperature control and energy efficiency. This benefit can help lower utility bills and provide a more comfortable home environment.
Does a New Build Cost More Than an Existing Home?
It is often the case that a house in a new development carries a higher price tag than a prebuilt home in a nearby neighborhood — but not always. According to the U.S. Census Bureau, the median sale price of a new construction home in July 2026 was $393,800. The average price was $508,800.
The cost comparison can vary depending on the location, timing of housing market conditions, and specific property features. Each type of home may also incur different property taxes. Some local governments tax new developments at a slightly higher rate. Savvy buyers also compare estimated maintenance and repair costs.
Most notably, the cost of a new construction home may rise alongside material shortages and price hikes. The National Association of Home Builders (NAHB) reports that higher material costs and labor shortages have made building new homes more expensive, especially since 2020. The buyer may ultimately absorb that extra cost in the house price. But builders sometimes offer incentives and unique financing options to attract buyers.
Finding a Home Builder or Real Estate Developer
There are many ways to purchase a newly constructed home. Home builders or developers are at the heart of any newly constructed home. The builder’s reputation is a key factor to consider.
Some people buy a tract of land individually and hire a builder to construct the home. Other people look for real estate developers who build new home communities.
In new home communities, the developer buys several acres of land to develop a new construction project. Interested buyers often choose from several floor plans for their new home. Other buyers opt for quick move-in homes requiring less construction time.
Although these buyers have options, the developers often limit these options to maintain uniformity in the community. Properties may be part of a homeowners association (HOA), which can affect your rights, responsibilities, and costs as a homeowner. Even if there isn’t a HOA, the property may still come with legal restrictions.
Model Homes
Developers often use model homes to make sales. You can make an appointment to view a model home and get an idea of what your newly built home may look like. The builder’s real estate salesperson will likely give you a tour of the model home and discuss potential upgrades.
Be sure to ask for any incentives the developer is currently offering. They’re offered to entice prospective homeowners to purchase a home.
These upgrades can include the following:
- Energy-efficient light fixtures
- Granite countertops
- Open-concept living spaces
Real Estate Professionals
Although you can look for new construction communities independently, realtors and real estate agents can help. Some of these professionals work as buyers’ agents on behalf of the developer. The developer should pay a commission to these agents.
New Build Timelines Vary
If you want to buy a home that hasn’t been finished yet, you’ll need to know how long it will take. The timing could affect your decisions about ending a lease or selling your home. Speak to the builder to understand the approximate timeline.
Factors that can influence the build timeline include:
- Material shortages and supply chain issues
- How many other customers are waiting for new homes to be built before yours
- Delays due to zoning or construction complications
As with any real estate purchase, having a contract is important. If the builder suffers delays and you have to wait longer than anticipated, the contract can address what happens next.
Secure Financing
Although some people can afford to pay in cash for a new build, most need a home or construction loan to complete the real estate transaction.
Before looking for a new home, consider home loan prequalification or pre-approval. Loan prequalification or pre-approval can help determine how much house you can afford. It also demonstrates your seriousness to the real estate developer.
A loan prequalification estimates how much you can afford and carries less weight than a pre-approval. Lenders do an intensive review of your credit and finances before issuing a pre-approval letter. That’s why a pre-approval letter carries more weight.
Sign Sales and Purchase Agreements
Buying a new construction home is a real estate transaction and, like most transactions, involves executing contracts.
Here are a few types of contracts you may encounter when buying a new construction home:
- Purchase contract or purchase agreement: Generated after the buyer’s offer lists the terms of the real estate transaction and places the home under contract
- Sales contract: Similar to a purchase agreement but generated by the seller’s offer, not the buyer’s offer
- Construction contract: An agreement outlining the terms of a construction project
You typically sign a sales or purchase agreement after you and the buyer agree to a negotiated purchase price. Your down payment is usually a percentage of the purchase or sales price. Be prepared to give a down payment when you sign a sales or purchase agreement.
As with most legal real estate documents, you should have a real estate lawyer review your contracts before you sign them. You should carefully review the agreement, including the fine print, before you sign a binding agreement.
New Home Inspections
Home inspections are an integral part of any real estate transaction. New home inspections help ensure your new home meets the local building codes and is safe for human life.
You should expect your local government to inspect the home before issuing a certificate of occupancy. A certificate of occupancy confirms that the house is safe for human life. You may need this certificate before you move in.
Unfortunately, the newness of a building doesn’t guarantee its quality. You should also arrange a private home inspection to check for structural defects. A private inspeciton can help ensure the builder didn’t cut corners.
The inspector can go through the new build and inspect the following:
- Electrical system
- Heating
- Plumbing
- Roofing
- Insulation
Doing this before closing can save you time and money on post-closing repairs.
New Home Warranties
Even if your home is newly constructed, you may still face structural issues when you move in. Warranties are an excellent way to help you financially guard against construction defects. Many home warranties cover craftmanship items, like built-in appliances and structural soundness for varying lengths of time.
You can buy a new home warranty from a third-party company if your home developer doesn’t offer a builder’s warranty to new home buyers. Builder’s warranties cover workmanship issues for a limited time after the builder completes construction.
Closing On New Construction Homes
You shouldn’t close on your newly constructed home until the construction is complete. If you don’t wait, you risk the developer slowing down construction on your home.
One option to mitigate this risk is to place the funds needed to complete the construction in escrow until the developer completes the construction.
Alternatively, your purchase agreement should include a clause that lets you cancel the contract if the developer doesn’t deliver the new home on time. While it isn’t ideal to walk away without the house, it’s helpful to have this option if issues prevent you from closing by the deadline.
Get Legal Help
Buying a newly constructed home is an exciting endeavor with potential pitfalls. A qualified real estate attorney can help you avoid these pitfalls. They’re experts in real estate law and can offer sound legal advice on your contracts. They can also represent you during your closing. Speak to an experienced local real estate attorney to learn more.
Can I Solve This on My Own or Do I Need an Attorney?
- Many real estate processes can be handled on your own or with the help of a realtor
- Some tenant or neighbor disputes may need the help of local police
- Complex real estate issues (such as construction defects or illegal landlord actions) may need the support of an attorney
Buying or selling a home, facing foreclosure, or mortgage loan issues can benefit from legal expertise. An attorney can offer tailored advice and help prevent common mistakes.
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