D.R. Horton vs Perry Homes

Purchase agreement comparison

Overview

D.R. Horton and Perry Homes both have deep roots in Texas, where they compete across Houston, San Antonio, Austin, and Dallas-Fort Worth. Buyers in these Texas markets may compare the nation's largest builder with one of Texas's 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. HortonPerry Homes
Market PositionLargest homebuilder in the United States by volumeOne of the largest privately-held homebuilders in Texas
TickerNYSE: DHIPrivate
HeadquartersArlington, TexasHouston, Texas
Affiliated LenderDHI MortgagePreferred lender relationships
Documented Clauses118
Documented Cases83

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.

D.R. Horton:✓
Perry Homes:✓

Both D.R. Horton and Perry Homes include implied warranty of habitability waiver language in their documented contract patterns. Texas law governs the enforceability of such waivers for both builders in this market.

D.R. Horton:✓
Perry Homes:✓

Both D.R. Horton and Perry 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.

D.R. Horton:✓
Perry Homes:✓

Both D.R. Horton and Perry 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.

D.R. Horton:✓
Perry Homes:✓

Both D.R. Horton and Perry 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.

D.R. Horton:✓
Perry Homes:✓

Both D.R. Horton and Perry 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.

D.R. Horton:✓
Perry Homes:✓

Both D.R. Horton and Perry 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.

D.R. Horton:✓
Perry Homes:✓

Both D.R. Horton and Perry 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.

D.R. Horton:✓
Perry Homes:✓

Both D.R. Horton and Perry 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; Perry Homes has 3. D.R. Horton's larger national scale provides 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

Perry Homes

  • Construction defect claims in Texas courts
  • Warranty dispute litigation in Houston and other Texas markets
  • Consumer complaints regarding contract terms and the builder's use of non-TREC contracts

Both builders have faced litigation in Texas related to construction practices and contract terms. Both builders use their own purchase agreements rather than the standard TREC residential contract. Buyers should review the full builder profiles for detailed case information.

States Where Both Builders Operate

Texas

Key Differences

Market Position

D.R. Horton is the largest homebuilder in the United States by volume, closing 84,863 homes in FY2024 across 33 states. Perry Homes is one of the largest private homebuilders in Texas with approximately 4,000-5,000 annual closings exclusively in Texas.

Documented Contract Patterns

D.R. Horton has 11 documented clause types; Perry Homes has 8. Both builders use their own purchase agreements rather than the standard TREC residential contract in Texas.

Geographic Overlap

D.R. Horton operates in 33 states; Perry Homes operates exclusively in Texas across Houston, San Antonio, Austin, and Dallas-Fort Worth. Their competition is limited to the Texas market.

What Buyers Should Consider

Both contracts require careful review.

Whether you are buying from D.R. Horton or Perry Homes, the purchase agreement contains clauses that may limit your rights. Both builders use their own standardized contracts rather than the TREC residential contract.

Check your state's specific protections.

Both builders compete in Texas, where the Texas Residential Construction Commission Act and other state laws govern construction defect claims and buyer protections. Texas law provides specific frameworks for dispute resolution.

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.

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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.