D.R. Horton and Drees Homes both operate across the eastern and southern United States with overlap in Texas, Florida, North Carolina, South Carolina, Ohio, Indiana, Maryland, and Virginia. Buyers in these states may compare the nation's largest builder by volume with one of the largest private builders.
Both builders use standardized purchase agreements containing clauses affecting buyer rights. This comparison examines documented contract patterns and key differences based on publicly available information.
The presence of a contract clause does not mean it appears in every agreement. Terms may vary by state, community, and transaction.
At a Glance
D.R. Horton
Drees Homes
Market Position
Largest homebuilder in the United States by volume
One of the largest private homebuilders in the United States
Ticker
NYSE: DHI
Private
Headquarters
Arlington, Texas
Fort Mitchell, Kentucky
Affiliated Lender
DHI Mortgage
None identified
Documented Clauses
11
8
Documented Cases
8
3
Contract Clause Comparison
The following comparison shows documented contract patterns for each builder. A check mark indicates the clause type has been documented; it does not mean it appears in every contract.
Both D.R. Horton and Drees Homes include implied warranty of habitability waiver language in their documented contract patterns. Buyers considering either builder should be aware that this clause type has been identified in purchase agreements from both companies.
Both D.R. Horton and Drees Homes include mandatory binding arbitration language in their documented contract patterns. Buyers considering either builder should be aware that this clause type has been identified in purchase agreements from both companies.
Both D.R. Horton and Drees Homes include class action lawsuit waiver language in their documented contract patterns. Buyers considering either builder should be aware that this clause type has been identified in purchase agreements from both companies.
Both D.R. Horton and Drees Homes include deposit forfeiture / earnest money trap language in their documented contract patterns. Buyers considering either builder should be aware that this clause type has been identified in purchase agreements from both companies.
Both D.R. Horton and Drees Homes include daily closing penalty language in their documented contract patterns. Buyers considering either builder should be aware that this clause type has been identified in purchase agreements from both companies.
Both D.R. Horton and Drees Homes include independent inspection restriction language in their documented contract patterns. Buyers considering either builder should be aware that this clause type has been identified in purchase agreements from both companies.
Both D.R. Horton and Drees Homes include material substitution without consent language in their documented contract patterns. Buyers considering either builder should be aware that this clause type has been identified in purchase agreements from both companies.
Both D.R. Horton and Drees Homes include restrictive limited warranty language in their documented contract patterns. Buyers considering either builder should be aware that this clause type has been identified in purchase agreements from both companies.
Legal History Comparison
D.R. Horton has 8 documented cases and investigations; Drees Homes has 3. D.R. Horton's larger scale and public status provide more visibility into its litigation history.
D.R. Horton
Smith v. D.R. Horton (SC Supreme Court, 2016) — multiple contract provisions found unconscionable
Two active payment suppression lawsuits (Robinson, Santiago — 2025)
$16.1M construction defect settlement in South Carolina
Hunterbrook Media investigation into lending practices
Drees Homes
Construction defect claims in Ohio and Kentucky
Warranty dispute litigation in multiple states
Consumer complaints regarding contract terms
D.R. Horton has a more extensive documented litigation history, consistent with its much larger scale of operations. Drees Homes, as a private company, has less publicly available litigation information. Buyers should review the full builder profiles for detailed case information.
D.R. Horton is the largest homebuilder in the United States by volume, closing 84,863 homes in FY2024. Drees Homes is one of the largest private homebuilders with approximately 3,000 annual closings.
Documented Contract Patterns
D.R. Horton has 11 documented clause types; Drees Homes has 8. D.R. Horton has a broader set of documented contract patterns, though this may partly reflect more extensive public documentation due to its scale.
Geographic Overlap
D.R. Horton operates in 33 states; Drees operates in approximately ten states. They share eight states where buyers may be choosing between the two.
What Buyers Should Consider
Both contracts require careful review.
Whether you are buying from D.R. Horton or Drees Homes, the purchase agreement contains clauses that may limit your rights. Both builders use standardized contracts that favor the builder.
Check your state's specific protections.
The enforceability of many contract clauses depends on state law. The eight shared states each have different consumer protection frameworks. Review the state-specific analysis for your location.
Do not assume one builder's contract is inherently safer.
Both builders use similar clause types. The differences are in specific language and implementation. An independent contract review can identify the specific risks in whichever agreement you are considering.
This article is for informational and educational purposes only. It does not constitute legal advice. Consult a licensed attorney in your state before making legal decisions.