What Should I Ask the Builder Before Signing a Contract?

The moment you sign a builder's contract, you are committing to the largest purchase most families ever make, on the builder's terms, for a home that does not exist yet. That makes the pre-signing conversation the most important one in the whole process. Work through these questions with the sales office, get every answer in writing, and keep a copy of everything. Here is the full checklist Barbara uses with her buyers.

What Is Included vs. What Is an Upgrade?

Start with the base price and the written standard-features list. Which appliances, flooring, countertops, landscaping, blinds, fencing, driveway, and gutters come with the price? Which features you saw in the model are upgrades? The gap between the model home and the base price is where budgets get surprises. Ask for the standard-features list in writing and compare it line by line against the model. The full breakdown of this is in our guide to model home features and the purchase price.

Is the Price Locked, and for How Long?

Ask plainly whether the base price is locked when you sign, and for how long. Some builders guarantee the price at contract; others leave room for prices to change before construction starts or even during the build. Ask the same question about your upgrades: can design center prices increase between selection and installation? The answer to all of these belongs in writing.

What Is the Deposit, and Is It Refundable?

New construction contracts usually require a deposit, and the rules around it matter. Is any portion refundable, and under what conditions, such as financing falling through or the builder failing to meet the schedule? What happens to the deposit if you cancel? Read the deposit clause and the cancellation clause together, because they are two halves of the same question.

What Is the Construction Timeline, and What Happens With Delays?

Ask for the expected timeline in writing: when construction starts, when key milestones land, and when the home is expected to be ready. Then ask what the contract says about delays. Most builder contracts allow the builder some grace for weather, permits, and materials, and remedies for a late completion vary widely. Understanding the delay provisions before you sign is the only way to know your rights later. For the stage-by-stage reality of construction, see how long it takes to build a new home in Virginia.

What Does the Warranty Actually Cover?

Ask for the builder's written warranty before you sign, not after. What is covered in each period, when does coverage start, what is excluded, and what is the claim procedure? The widely used structure is about one year for workmanship, two years for major systems, and ten years for structural, but your coverage is defined by the document, not the general pattern. Our guide to new construction home warranties walks through what to look for.

What Are the HOA Details?

If the community has a homeowners association, ask for the monthly or annual fee, what it covers, and the HOA's rules on things like fencing, parking, exterior changes, and rentals. Ask whether the HOA is already established or will be turned over to homeowners later, and what the builder's role is during the transition. HOA costs are a permanent line in your budget, so budget them from day one.

What Will the Property Taxes Estimated At?

A brand new home is often assessed closer to its purchase price than an older home, which means taxes can be higher than buyers expect. Ask the builder what the estimated assessed value and annual taxes will be, and remember that an estimate is not a bill. Factor the number into your monthly budget the same way you would for a resale home.

What Are the Schools and the Commute Really Like?

Verify the school assignment for the community's address with the school district directly, because boundaries can change and builder marketing is not the same as an official district confirmation. Walk the commute at the times you will actually drive it, including the school run and rush hour. New communities outside established areas can surprise buyers on both fronts, so verify rather than assume.

How Does the Change-Order Process Work?

Changes are inevitable in a build: a finish you want to swap, an outlet you want moved, a plan tweak you realize you need. Ask how change orders work, whether they require a separate written agreement, how they affect the price and the timeline, and whether there is a deadline after which selections are locked. A clear change-order process protects both sides, and a vague one invites surprises.

What Is the Closing-Cost Estimate?

Ask the builder or the settlement company for a closing-cost estimate in writing, and compare it against what your lender estimates. New construction closing costs can include items beyond the usual loan costs, so see the breakdown before you sign. If the builder is offering a closing-cost credit, confirm how it is applied and what it can and cannot cover.

Have You Registered Your Agent on the First Visit?

This is the one that protects everything else. Builders typically require your agent to be registered on your very first visit, and if you tour or sign in without an agent, the builder may decline to work with the agent you bring in later. Bring Barbara to the first tour, confirm in writing that she is registered as your buyer's agent, and keep that confirmation with your paperwork. Why this rule exists and what it means for you is covered in do you need a realtor to buy new construction and who pays the buyer's agent on a new build.

Why Should Barbara Review the Contract Before You Sign?

Because builder contracts are written by the builder's legal team to protect the builder, and they reward a trained eye. Barbara reads every clause and addendum, flags the ones that shift risk to you, and negotiates where builders are willing to move. She has seen hundreds of these documents and knows which terms are standard and which deserve a fight. The contract review is not a formality, it is the entire point of representation, and it costs you nothing out of pocket in the typical new build transaction.

If you take nothing else from this checklist, take this: get every answer in writing, register your agent on the first visit, and have a professional review the contract before you sign. The rest of the questions in this series, from negotiating price to choosing upgrades, all assume you made it to the table with your eyes open. That starts here.

About the Author

Barbara Jennings

REALTOR® · eXp Realty · Virginia License 0225179074

Barbara helps buyers navigate new construction in the Fredericksburg, VA area, including Stafford and Spotsylvania counties, plus Orange, Fairfax, King George, Caroline, Culpeper, Arlington, Alexandria, and Prince William County.

Call or Text (540) 840-1133

Last updated: October 23, 2026.