D.R. Horton and Smith Douglas Homes are both national homebuilders that compete in multiple U.S. markets. Buyers in states where both builders operate — including Texas, North Carolina, Georgia, Tennessee, Alabama — may find themselves comparing the two when choosing a new construction home.
Both builders use standardized purchase agreements that contain clauses affecting buyer rights and remedies. This comparison examines documented contract patterns, legal history, and key differences based on publicly available information.
The presence of a contract clause does not mean it appears in every agreement from that builder. Contract terms may vary by state, community, and transaction. This comparison is intended to help buyers ask informed questions, not to recommend one builder over the other.
At a Glance
D.R. Horton
Smith Douglas Homes
Market Position
Largest homebuilder in the United States by volume
Regional homebuilder focused on the Southeastern United States
Ticker
NYSE: DHI
NYSE: SDHC
Headquarters
Arlington, Texas
Woodstock, Georgia
Affiliated Lender
DHI Mortgage
Neighborhood Loans (partnership)
Documented Clauses
11
11
Documented Cases
8
4
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 Smith Douglas 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 Smith Douglas Homes include punch list / post-closing repair limitation 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 Smith Douglas 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 Smith Douglas 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 Smith Douglas 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.
Smith Douglas Homes has been documented using preferred lender steering / incentive lock provisions, while D.R. Horton does not have this pattern documented in available contract analyses. This represents a difference in contract risk profiles between the two builders.
Smith Douglas Homes has been documented using warranty voiding conditions provisions, while D.R. Horton does not have this pattern documented in available contract analyses. This represents a difference in contract risk profiles between the two builders.
D.R. Horton has been documented using implied warranty of habitability waiver provisions, while Smith Douglas Homes does not have this pattern documented in available contract analyses. This represents a difference in contract risk profiles between the two builders.
Both D.R. Horton and Smith Douglas 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 Smith Douglas 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 Smith Douglas 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 Smith Douglas Homes include limitation of liability / no monetary damages 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 has been documented using monthly payment suppression / hidden costs provisions, while Smith Douglas Homes does not have this pattern documented in available contract analyses. This represents a difference in contract risk profiles between the two builders.
Legal History Comparison
Both builders have documented litigation histories. D.R. Horton has 8 documented cases and investigations; Smith Douglas Homes has 4. The nature and focus of litigation differs between the two builders.
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
Smith Douglas Homes
NC OSHA citations for workplace safety violations
PanoVision LLC v. Smith Douglas — intellectual property dispute
WSOC-TV investigation into siding defects
SEC risk disclosures regarding construction defect claims
Both D.R. Horton and Smith Douglas Homes have faced litigation related to construction practices and contract terms. Buyers should review the full builder profiles for detailed case information and consider how each builder's legal history may reflect patterns relevant to current purchase agreements.
D.R. Horton is positioned as largest homebuilder in the united states by volume. Smith Douglas Homes is positioned as regional homebuilder focused on the southeastern united states.
Affiliated Lender
D.R. Horton uses DHI Mortgage as its affiliated lender. Smith Douglas Homes uses Neighborhood Loans (partnership). Both builders offer incentives to use their affiliated lenders, which may affect financing terms and closing costs.
Geographic Overlap
D.R. Horton operates in 15 states; Smith Douglas Homes operates in 5 states. They share 5 states where buyers may be choosing between the two.
Litigation History
D.R. Horton has 8 documented cases and investigations; Smith Douglas Homes has 4. The nature and severity of litigation differs between the two builders — review the legal history section for details.
What Buyers Should Consider
Both contracts require careful review.
Whether you are buying from D.R. Horton or Smith Douglas 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. A clause that was struck down in one state may be enforceable in another. Review the state-specific analysis for your location.
Compare affiliated lender terms independently.
Both builders offer incentives to use their affiliated lenders. Get independent quotes from at least two outside lenders before committing, and verify that all quoted payments include taxes, insurance, and HOA fees.
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.