Contract & Incentive Strategy
Builder contracts are written by builder attorneys, and the base price is rarely where the money is. We work the rate buydowns, closing cost credits, and design center allowances that never appear on the price sheet.
How To Buy and Build Smart
New construction buyers in Ellis County and DFW start in one of two places. Some need to understand how building actually works before they sign anything. Others have narrowed it to two or three builders and need to know which one stands behind their work.
Buying new is not buying resale, and the timeline the sales office quotes you is an estimate disguised as a promise.
The phases, the inspection milestones most buyers skip entirely, the pre-drywall walkthrough that catches expensive problems while they are still cheap to fix, and the incentives and rate buydowns builders are actually putting on the table right now.
The Build Process →
The builder you pick matters more than almost any other decision here, and the model home is designed to keep you from asking the hard questions.
The difference between production, semi-custom, and custom, what to look for in the contract and warranty, how the major DFW names genuinely differ, and what separates a builder who stands behind their work from one who disappears after closing.
Choose The Right Builder →Already touring communities? Call 214-228-0003 before your next visit.
Run The New Build Numbers
What the builder’s incentive is really worth, how a new build stacks up against a resale once MUD and PID taxes are counted, and the cash you need at closing. Free, no sign-up.
Fixed-rate and tiered buydowns, flex cash, and closing credits on one calculator. Find the split that costs you the least.
Calculate →MUD and PID taxes, the year-two tax jump, builder credits, insurance, and upkeep, side by side.
Calculate →A fixed-rate buydown or a 1-0, 2-1, or 3-2-1? See what each one does to your payment, year by year.
Calculate →What a new build takes at closing after the builder’s credit, side by side with a resale.
Calculate →Four charts pulled live from NTREIS, filtered to new construction across Ellis, Johnson, and Dallas counties. Texas is a non-disclosure state, which means most national sites are estimating what these homes actually sold for. These are not estimates.
The middle point of all new construction transactions, so one luxury outlier cannot skew it. Expect steps rather than smooth curves, because builders release inventory in phases. The spread between counties tells you more than any single price. A widening gap means value is opening up in the corridor.
Your movePut the community you’re touring next to its county line. If it prices above the county median, find out exactly what the extra buys you before you pay for it.
New construction runs on a different clock than resale, because builders carry standing inventory and price to move it. This is the earliest honest signal here. When this climbs while price stays level, buyer leverage already exists and has not hit the price tag yet.
Your moveWhen this line is climbing, every finished spec home is costing the builder money each month it sits. That’s when to ask for the incentive, not after it shows up on the price sheet.
What homes closed for against their original ask, before any reductions. Near 100 percent means builders are holding firm. Below it, the gap is your negotiating room. This is the most useful number to carry into a design center, and almost nobody asks for it.
Your moveIf the county is closing under 100 percent, you aren’t asking the builder for a favor. You’re asking for what the market is already giving. Bring the number with you.
Completed new construction sales where financing cleared and the home delivered. Read it against price. Rising prices with rising volume means real demand. Rising prices with falling volume means builders are holding the number while fewer buyers accept it, and that is when incentives start appearing.
Your moveFalling volume with a steady price usually means the money moves into incentives, not the sticker. Ask for the rate buydown and closing credits first, then the price.
All four charts update automatically from NTREIS as new sales close. Want to know what these trends mean for your specific build? Call 214-228-0003 or send it to me below.
Added. Fill in your name, phone, and email below and tell me the community you’re looking at.
Bobby Franklin, REALTOR® · Legacy Realty Group – Leslie Majors Team · northtexasmarketinsider.com
Seventeen answers on the money and the Texas law behind a new build: warranties, defect claims, the year-two tax jump, MUD and PID charges, buydowns, rate locks, appraisal gaps, and deposits. Where something is state law, the statute is named. Where it is builder convention, it says so.
The steps, contracts, and inspections are on The Building & Buying Process. Picking the company is on How To Choose A Builder.
No. No Texas statute requires a builder warranty or sets its length. The Texas Residential Construction Commission set statewide standards until it was abolished in 2009, and HB 2022 (2023) removed the last references to it from state law.
“1-2-10” is industry convention: one year on workmanship and materials, two years on plumbing, electrical, and HVAC delivery systems, and ten years on major structural, offered by the builder or a third-party warranty company. Under HB 2024 (effective June 9, 2023), a builder whose written warranty gives at least 1 year workmanship, 2 years systems, and 6 years structure gets a shorter legal deadline for defect claims (see the next answer), so some builders now offer “1-2-6.”
Read the actual warranty booklet, not the brochure. Texas law also implies warranties of good workmanship and habitability, but builder contracts often try to limit them. If the purchase matters to you, have an attorney read the warranty before you sign.
Two deadlines apply. The statute of limitations for your type of claim often runs from when you discovered, or should have discovered, the problem. The statute of repose cuts off claims entirely: Texas Civil Practice & Remedies Code §16.009 sets 10 years from substantial completion for contractors.
Under HB 2024, that drops to 6 years for a detached one- or two-family home, or a townhouse up to three stories, when the builder gave a qualifying written warranty, on contracts signed on or after June 9, 2023. Some attorneys read the law as giving the 6-year period even to a builder offering 10-year structural coverage. No appellate court has settled that yet.
A written claim made inside the repose period can extend the deadline, but sources disagree on how long, so confirm with a construction attorney. Either way, report problems in writing, early, and keep copies.
The Residential Construction Liability Act (Texas Property Code Chapter 27) sets a required pre-suit process:
If you turn down an offer a court later finds reasonable, your damages can be limited. If the builder never makes a reasonable offer, those limits don’t apply. HB 2022 also requires a habitability claim to show a latent defect that made the home unsuitable to live in.
This is separate from the builder’s everyday warranty request process. Talk to a Texas construction attorney before you send an RCLA notice, because the details of that letter matter.
It depends on which document covers the damage. A structural warranty usually covers only a “major structural defect”: actual damage to load-bearing parts of the home that affects how they work or makes the home unsafe. Cosmetic slab and drywall cracks usually don’t qualify, many warranties exclude damage caused by the homeowner’s drainage or watering, and repairs often count against a fixed limit, frequently the home’s original price.
Standard homeowners policies typically exclude earth movement and settling, so insurance is rarely the answer. If the warranty denies the claim, your remaining remedies against the builder run through the RCLA process, inside the repose period.
Keep the engineered foundation plan and soil report from closing, photograph and date any changes, and get an independent structural engineer’s report before you accept a denial.
Texas appraisal districts value property as of January 1. Dallas Central Appraisal District, for example, says a home 50 percent complete on January 1 is appraised at 50 percent of its finished value. Ellis and Tarrant appraisal districts follow the same January 1 rule.
If your lot was bare or half-framed on January 1, your first bill reflects that. The next January 1, the finished house is valued in full, so the bill can rise sharply with no change in the tax rate. The 10 percent homestead cap doesn’t stop this, and MUD and PID charges rise with the value too.
Lenders often set escrow from the small first-year bill, which is why so many new-build owners get a year-two shortage notice. Ask your lender to escrow on the estimated finished value, check your spring appraisal notice against your price and nearby sales, and protest by the deadline if it’s high.
Confirm the deadlines and your eligibility with your appraisal district. Filing early in the purchase year is one of the easiest dollars a new-build buyer can save.
A Municipal Utility District sells bonds to build water, sewer, and drainage, then repays them with a property tax that shows as its own line on your bill, generally over 20 to 30 years. The rate can fall as the district fills in, but the tax ends only when the debt is paid off or a city annexes the district.
A Public Improvement District is created by a city or county under Local Government Code Chapter 372 and charges an assessment set by a Service and Assessment Plan, typically for 20 to 40 years. Unlike a MUD tax, a PID assessment can usually be paid off early; ask the PID administrator for a payoff quote.
DFW rates vary widely. For tax year 2025, several Collin and Denton County MUDs were at $1.20 per $100 of value, while Trophy Club MUD 1 was about $0.07. At $1.00, that’s $4,500 a year on a $450,000 home.
Ellis County has fewer MUDs than Collin or Denton, but newer subdivisions here do use PIDs and other districts. Check every community, every time.
Texas Water Code §49.452 requires the seller (the builder, on a new home) to give you a written MUD notice before you sign a binding contract. Since 2023, the law sets its content and title, “Notice to Purchaser of Special Taxing or Assessment District,” in large bold type. If you sign without it, you may be able to terminate; if it arrives late and you close anyway, you’re generally treated as having waived that right. Property Code §5.014 requires a separate PID notice before contract.
Don’t wait for the notice. Before you pay a deposit, look the address up on the appraisal district site for its taxing units, read the district’s current rate on its website, read any PID Service and Assessment Plan, and have the title company confirm assessment liens.
Most DFW builders still pay buyer-agent compensation, but it’s negotiated and documented differently now. Since August 17, 2024, the NAR settlement has kept compensation offers off the MLS and required written buyer agreements before touring.
SB 1968, effective January 1, 2026 (Occupations Code §1101.563), made a written agreement state law for every Texas license holder. It must be signed before an agent shows you residential property, state the compensation, and say plainly that broker fees are not set by law and are fully negotiable. It also created a non-representation option for showings.
Your agreement sets what your agent is owed. The builder may agree to pay some or all of it, and on TREC’s new-home contracts any builder contribution is credited toward what you owe. Get the builder’s commitment in writing before you sign.
A builder can’t legally require you to use its affiliated lender as a condition of the sale, but it can reward you for choosing it. Under RESPA (12 U.S.C. §2607) and Regulation X, an affiliated business arrangement is lawful when it’s disclosed and its use isn’t required, and the CFPB has said RESPA doesn’t prohibit giving a consumer a discount for doing business with a provider. That’s why builders can tie a buydown or closing credit to their lender, and sometimes their title company.
Get Loan Estimates from the builder’s lender and at least one outside lender within the same few days, and compare APR, points, fees, and cash to close, not just the advertised rate. Sometimes the incentive wins. Sometimes it’s priced back in.
A 2-1 temporary buydown sets your payment as if the rate were 2 points lower in year one and 1 point lower in year two, then the full note rate from year three on. The note rate never changes; builder money held in an account covers the difference in those early payments. You still qualify at the full rate, under both Fannie Mae and FHA rules.
A permanent buydown uses discount points to lower the note rate for the life of the loan. Its value is lost if you refinance early.
A temporary buydown fits buyers who expect higher income or plan to refinance. A permanent one fits buyers who plan to stay. Also price the same builder dollars as a straight price cut, and ask the lender to compare all three over five years.
Standard locks last 30 to 60 days, which is too short for a home that isn’t built yet, so new-construction lenders offer extended locks of 180, 270, or 360 days, usually at a cost. Industry guides put typical pricing around 0.375 to 0.75 of a point for 180 days and 1 to 1.5 points for 360 days, and extensions often run 0.125 to 0.25 of a point per 7 to 15 days. Some lenders charge an upfront fee that’s credited at closing, and some include a one-time float-down.
Ask who pays for an extension if the builder is late, whether there’s a float-down, whether the upfront fee is refundable if the deal falls apart, and whether your loan type qualifies. Pick a lock that covers the estimated completion date plus 30 to 60 days.
In fall 2026, DFW builders are leaning on rate buydowns through their own lenders, closing-cost credits, discounts on finished inventory, design-center credits, and smaller lot premiums. In NAHB’s September 2026 builder survey, 66 percent of builders were using sales incentives and 38 percent had cut prices, with an average cut of 6 percent.
A price cut lowers your loan, your down payment, and the value future taxes start from, and it survives a refinance. A buydown lowers the payment but disappears if you refinance.
Ask for the total incentive amount, then decide how to use it yourself instead of taking the builder’s package as offered. Finished homes the builder needs to close by quarter-end usually carry the biggest offers. Incentives change weekly, so treat any number you see online as a dated example.
New builds can appraise low because appraisers can’t always support lot premiums, structural options, and upgrades with comparable sales, especially early in a community. Lenders lend on the lower of price or value, so the gap is yours to cover. Many builder contracts have no appraisal contingency, or only a narrow financing one, and builders resist lowering recorded prices because those sales become the next comparables.
Typical outcomes: you pay the gap in cash, the builder moves incentive money into the price, you restructure the loan, or you terminate if the contract allows it, possibly losing deposits.
Before you sign, ask whether the contract has a financing or appraisal contingency, budget for upgrades you may not get back in value, and ask the lender how appraisals in that community have been coming in.
Builder contracts usually require earnest money at signing, and many production builders also take design or option deposits for structural changes and upgrades, which can be large on a build-to-order home. For every dollar, ask who holds it (a title company escrow or the builder), when it becomes non-refundable, and whether it’s credited at closing.
Money the builder holds is exposed if the builder fails. In a bankruptcy, buyers with deposits generally become unsecured creditors, and the Bankruptcy Code gives consumer deposits priority only up to about $3,800 per person for cases filed after April 1, 2025.
Keep upgrade deposits as small as you can until the home is under roof, and get receipts that show who was paid. When you can get your money back is covered on the process page.
Plan for lender charges (origination, any points, appraisal, credit report), title charges, prepaid interest, and escrow deposits for taxes and insurance. In MUD and PID communities, that tax escrow can be large. The Texas Department of Insurance sets title insurance premiums, so the premium isn’t negotiable, but who pays it is, and builders often cover title costs.
Many DFW builders offer closing-cost credits tied to their own lender and title company, and loan programs cap how much a seller can contribute. Your lender must give you a Loan Estimate within three business days of application and a Closing Disclosure at least three business days before closing.
Compare those two documents line by line, and set money aside for the year-two escrow increase before it shows up.
On a typical production or spec home, the builder owns the property until closing and carries builder’s risk insurance during construction. Your lender requires a homeowners policy effective at closing; bind it early, because carriers re-underwrite carefully in hail-prone North Texas.
On a custom build on land you own, or a construction loan where you hold title, you may need your own builder’s risk policy. Confirm in writing who insures the structure at each stage, and check deductibles, especially percentage-based wind and hail deductibles.
Homeowners policies generally exclude earth movement and wear, so they don’t replace your structural warranty. Confirm the details with a licensed insurance agent.
Building in Ellis County or along the I-35E corridor? I track every one of these dates, deadlines, and dollars with my clients, and builder representation typically costs you nothing at closing.
Call Bobby · (214) 228-0003This is general education, not legal, tax, lending, or insurance advice. I am a REALTOR®, not an attorney, CPA, lender, or insurance agent. Warranty terms, contract provisions, special district rates, incentives, and exemption rules vary by builder, community, and county, and several figures here are dated examples that change often. Confirm the specifics for your situation in writing, and talk to a Texas real estate attorney, CPA, lender, or your appraisal district before you act.
Most buyers negotiate with the sales office. My clients negotiate with the builder.
Through builder relationships, incentive tracking, and milestone inspections, I protect buyers at every phase of the build. The result? Better terms, fewer surprises, and a home that was watched while it was going up.
Builder contracts are written by builder attorneys, and the base price is rarely where the money is. We work the rate buydowns, closing cost credits, and design center allowances that never appear on the price sheet.
Production, semi-custom, and custom builders operate differently, and so do their warranties. I know which DFW builders stand behind their work, which communities have MUD or PID taxes attached, and what that does to your monthly payment.
The city inspector works for the city, not for you. Pre-pour, pre-drywall, and final walkthrough with your own inspector catches expensive problems while they are still cheap to fix and still someone else's responsibility.
The build does not end at closing. I make sure the punch list actually gets completed, the one-year warranty walk happens on time, and the items you documented in month two do not get forgotten in month eleven.
Where are you right now?
Tell me where you are and I’ll tell you the next move, before the sales office does.
Or call 214-228-0003
Added. Fill in your name, phone, and email below and tell me the community or builder you’re looking at.
Realtor®
Serving DFW | Ellis County
16 Northgate Dr. Ste 100
Waxahachie, TX 75165
Market Insights | Strategic Planning
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