What We Analyze

This clause means the builder is not guaranteeing that your home will be safe to live in.

This clause takes away your right to sue the builder in court or have a jury hear your case.

This clause prevents you from pursuing claims jointly with your neighbors, even if every home in the subdivision has the same underlying defects.

This clause means if you back out of the deal for any reason — even if your inspector found foundation cracks, mold in the walls, or the home fails to meet building codes — the builder can keep your entire deposit as liquidated damages.

This clause limits or eliminates the builder's monetary liability for damages arising from construction defects or other contract breaches.

This involves the builder and/or its affiliated mortgage company presenting monthly payment estimates that exclude or minimize major recurring costs — property taxes, insurance, HOA dues, and other carrying expenses.

This clause means the builder can charge you a fine — often $100 to $250 per day or more — if you delay closing for any reason.

A 'punch list' is the checklist of problems you write down during your final walkthrough of the home before closing.

This clause limits or eliminates your right to hire your own home inspector.

This clause gives the builder permission to swap out the materials, fixtures, appliances, and finishes you were promised for different ones, without requiring your consent and often without prior notice.

The builder replaces the implied warranties provided under state law with their own 'limited warranty' — which typically covers a narrower set of defects than state-law warranties would.

A Certificate of Occupancy (CO) is the government document certifying your home is safe to live in — it confirms the home meets minimum building codes.

This clause states that the builder's limited warranty is your only option if something goes wrong.

This clause gives the builder the right to void your warranty if you don't follow their exact procedures.

Without this clause, the default rule would be that the builder must fully complete the home per plans and specifications before closing.

This clause gives the builder the right to change the home's floor plan, lot grading, landscaping, elevation, or other specifications without your consent.

This clause shortens the amount of time you have to take legal action against the builder — often to just one or two years from closing.

This clause offers financial incentives — closing cost credits, rate buydowns, upgrades — only if you use the builder's affiliated mortgage company.

This means the builder controls your Homeowners Association — often for years after you move in, sometimes until 75-90% of lots are sold.