New Construction

How To Buy and Build Smart

Market Snapshot

North Texas New Construction Market Data

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.

Median Sales Price

What New Construction Sold For

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.

Chart: Median new construction sales price by county, tracked monthly. Source: NTREIS MLS.
Median Days On Market

How Fast Builders Are Moving

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.

Chart: Median days on market for new construction by county, tracked monthly. Source: NTREIS MLS.
Percent Of Original Price

How Far Builders Actually Move

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.

Chart: Percent of original list price received on new construction by county, tracked monthly. Source: NTREIS MLS.
Closed Sales

How Much Is Actually Trading

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.

Chart: Closed new construction sales by county, tracked monthly. Source: NTREIS MLS.

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.

Bobby Franklin, REALTOR® · Legacy Realty Group – Leslie Majors Team · northtexasmarketinsider.com

North Texas Market Insider™ · New Construction

The Questions Builders Hope You Do Not Ask

Fourteen answers on Texas warranty law, buyer representation, financing, and the property tax math that catches almost every new construction buyer in year two. Where something is state law, the statute is cited. Where something is builder convention, it says so.

Does my new home come with a warranty, and is 1-2-10 required by Texas law?

No, it is not required. Texas has no state agency regulating homebuilders and no law mandating a builder warranty. The Texas Residential Construction Commission, which once set statutory warranties and performance standards, was abolished through the Sunset process and wound down operations by August 2010.

The familiar 1-2-10 structure, one year on workmanship and materials, two years on plumbing, electrical and HVAC, ten years on major structural, is industry convention. Most builders offer it voluntarily. None are compelled to.

Read the actual warranty document, not the sales brochure. Coverage, exclusions, and the claims process vary meaningfully between builders.

How long is a builder actually liable for defects in Texas?

Two separate clocks, and buyers routinely confuse them.

Statutes of limitation govern how long you have after discovering a problem: generally two years for negligence and property damage claims, four years for breach of contract and breach of warranty.

The statute of repose is the outer wall. Historically ten years from substantial completion under Texas Civil Practice and Remedies Code §16.009. House Bill 2024, effective June 9, 2023, shortened that to six years for builders of detached one and two family homes and townhomes up to three stories, if the builder provides a written warranty of at least one year workmanship, two years systems, and six years major structural.

This is the part worth understanding: a builder marketing a 1-2-10 warranty may have structured the written document as 1-2-6 to capture the shorter six-year repose window. Absent a qualifying written warranty, the ten-year repose still applies. Ask which one you actually have.

What are my rights if I find a defect after closing?

The Texas Residential Construction Liability Act, Chapter 27 of the Texas Property Code, governs how a residential construction defect claim has to proceed. It is not a warranty mandate. It is a right-to-repair procedure, and it has hard deadlines.

Before you file suit or demand arbitration, you must send the contractor written notice by certified mail at least 60 days in advance, describing the defect in reasonable detail. The contractor then has 35 days to request an inspection and 45 days from your notice to make a written settlement or repair offer.

Skipping the notice step can derail an otherwise legitimate claim. Document everything in writing from the first conversation, not from the point where it becomes a dispute.

Why did my property taxes jump so much in year two?

This is the single most common financial surprise in North Texas new construction, and it is entirely predictable.

Texas appraises property as of January 1. If your home was not finished on that date, your first tax bill reflects only the unimproved lot value. The following January, the completed home gets assessed at full market value. The bill does not creep up. It jumps.

The knock-on effect is an escrow shortage. If your lender set up the escrow account based on that lot-only figure, the account comes up short when the real bill arrives. Your servicer then collects the shortage and raises your monthly payment going forward to cover the higher ongoing taxes. Two increases at once.

The fix takes one conversation. Ask your lender to set escrow on the estimated completed value, not the lot value. If they will not, set the difference aside yourself. Either way, run the year-two number before you sign, not after.

What are MUD and PID taxes, and how long do they last?

Both add to what you pay, and neither shows up on the price sheet.

A MUD, Municipal Utility District, is a political subdivision that issues bonds to fund water, sewer, and drainage infrastructure in developments outside city utility service. It repays those bonds through an added property tax rate. MUD rates commonly decline as the district builds out and the tax base grows, often across ten to twenty years, but generally have no fixed expiration date. Texas has more than 1,200 active special districts, all regulated by the Texas Commission on Environmental Quality.

A PID, Public Improvement District, is a city or county district levying special assessments for neighborhood improvements: parks, landscaping, trails, sometimes streets. A PID can usually be paid off in full up front or amortized, commonly over twenty to forty years, and it ends when the assessment is paid.

Ask for four things before you write an offer: the total effective tax rate rather than just city and county, whether the community sits in a MUD or PID or both, the current special district rate, and the PID payoff and installment schedule.

When do I get the homestead exemption and the 10 percent cap?

Two different things, and the timing gap on the second one costs people money.

The homestead exemption can now be filed in the year you purchase, a change made in 2022. You no longer wait until the following January. File free with your county appraisal district using Comptroller Form 50-114. There is no reason to pay a service for this.

The 10 percent appraisal cap under Tax Code §23.23 limits annual increases in your appraised value to ten percent plus the value of new improvements. But it does not apply in year one. The cap begins January 1 of the year after you first qualify for the exemption.

A new construction buyer typically has no cap protection during the first full year, which is exactly the year the assessment jumps from lot value to completed value. The cap arrives after the increase it would have limited.

How is a builder's contract different from a normal Texas contract?

Builders are exempt from TREC's promulgated form requirement and use their own purchase agreements, drafted by their attorneys to protect their production schedule. The differences from the standard TREC 1-4 Family Residential resale contract are significant.

There is typically no option period. That unrestricted right to terminate that Texas resale buyers take for granted does not exist by default in a builder contract. This is the most important difference on the page.

Earnest money and deposits can be much larger, and may be non-refundable. Upgrade selections often require additional deposits, sometimes due before your financing is fully approved.

There is often no appraisal contingency, meaning if the home appraises below contract price, covering the gap in cash may be your problem. Financing-failure protections vary widely by builder.

Because there is no option period to fall back on, contract review has to happen before you sign. Not after.

Do I need my own agent, and why does the first visit matter so much?

Most builders require your agent to be registered or physically present on your first visit for that representation, and the builder-paid compensation, to be recognized in that community. Walk into the model home alone, hand over your information at the desk, and you can forfeit the ability to bring your own agent on that specific community entirely.

This is builder corporate policy, not Texas law, and it varies between builders. Some post signage stating they are not obligated to honor an agent added later. The policy exists because it saves the builder a commission, which tells you who it is designed to benefit.

The person at the desk is a licensed agent working for the builder. Under Texas rules they must provide you the TREC Information About Brokerage Services notice, which discloses who they represent. Read it.

Who pays my agent after the 2024 and 2026 rule changes?

Two changes landed close together and they work in tandem.

The NAR settlement, effective August 2024, removed offers of buyer-broker compensation from the MLS and requires a written representation agreement before touring. Seller and builder-paid compensation remains entirely legal. It is simply negotiated outside the MLS now.

Texas Senate Bill 1968, effective January 1, 2026, added Occupations Code §§1101.562 and 1101.563. A license holder performing any act of brokerage for a residential buyer must have a written agreement before showing residential property. That agreement must state the services provided, a termination date, whether it is exclusive, whether the license holder represents you, the amount or rate of compensation and how it is determined, and conspicuous language that broker compensation is not set by law and is fully negotiable.

In practice on new construction, builder-paid compensation is still common. It is now negotiated and documented rather than assumed.

Do I have to use the builder's preferred lender?

No. Under RESPA, a builder cannot require you to use its affiliated or preferred lender, and cannot charge you a higher price for the home because you used someone else.

What a builder can do is offer incentives for using the preferred lender: closing cost credits, design center allowances, rate buydowns. Those are legitimate. A builder can also require you to be pre-qualified by their lender even if you finance elsewhere. Where the builder and lender are affiliated, you should receive an Affiliated Business Arrangement disclosure.

Run the math both ways. Sometimes the incentive genuinely beats a better rate elsewhere. Sometimes it does not, and the only way to know is to get a competing loan estimate.

What is the difference between a temporary and a permanent rate buydown?

A temporary buydown, structured as 2-1 or 3-2-1, subsidizes your payment for the first two or three years using funds held in escrow, usually paid by the builder. A 2-1 means two percent below the note rate in year one, one percent below in year two, then the full rate. The note rate itself never changes, and you must qualify at the full rate regardless.

A permanent buydown uses discount points paid at closing, where one point equals one percent of the loan amount, to permanently reduce the note rate for the life of the loan.

The break-even between the two typically falls around years five to seven. Temporary wins if you expect to sell or refinance sooner. Permanent wins if you plan to stay. Ask which one the builder is actually offering, because the marketing often blurs them.

How do rate locks work when my build takes six to twelve months?

Standard rate locks run thirty to sixty days, which is useless on a build. What you need is an extended rate lock, available in 120, 180, 270, and 360 day terms depending on the lender.

Extended locks generally require money up front and carry a higher rate than a short lock. That premium is what you pay for certainty across a long build.

A float-down provision lets you capture a lower market rate if rates fall during the lock. Availability is usually restricted to a window near the end, commonly once you are within sixty days of closing, the builder has committed to a firm date, and underwriting has fully approved your file.

If you are building rather than buying a completed home, also ask about a construction-to-permanent loan, which combines both into one closing with funds released in draws tied to build milestones.

Spec home or build-to-order, and when are incentives best?

Standing inventory and quick move-in homes carry the richest incentives, for a simple reason: an unsold finished home costs the builder money every month it sits.

Incentives concentrate at predictable moments. End of fiscal quarter, meaning March 31, June 30, September 30, and December 31, and fiscal year end for the large public builders. Also at phase close-outs, when a builder wants the last few lots of a section cleared before opening the next. Late fall through winter generally sees the least buyer competition, which adds room on top.

The tradeoff is real: you accept the finishes someone else selected. A to-be-built home in a popular early phase gives you full control and the thinnest incentives.

Actual incentive amounts vary substantially by builder, community, and how long a specific home has been standing. The timing pattern is reliable. The dollar figures are not something anyone should quote you in advance.

What should I know about North Texas clay and foundations?

DFW sits on Blackland Prairie expansive clay, soil that swells when wet and shrinks when dry. That movement is the leading cause of residential foundation distress across North Texas, and it is why foundation is the one inspection item here that deserves genuine attention.

Post-tension slabs are the common engineered response, but a post-tension slab is only as good as the design behind it. It requires a lot-specific geotechnical report, not a generic subdivision spec applied across every pad.

Ask your builder directly whether a soil report was performed for your specific lot, and ask to see it. Then pay attention to drainage and consistent soil moisture after you move in, because those two things do more for long-term foundation performance than anything else within your control.

Building in Ellis County or along the I-35E corridor? I track every one of these dates and deadlines with my clients, and builder representation costs you nothing at closing.

Call Bobby · (214) 228-0003

This information is general education, not legal or tax advice. I am a REALTOR®, not an attorney or a CPA. Warranty terms, contract provisions, special district rates, and exemption eligibility vary by builder, community, and county. Confirm the specifics for your situation in writing, and consult an attorney for any actual dispute.

Bobby Franklin, REALTOR® New Construction Specialist 214-228-0003
BUILT WITH INTENTION

An Elevated New Construction Experience

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.

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.

Builder Vetting & Community Selection

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.

Third-Party Milestone Inspections

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.

Warranty & Punch List Follow-Through

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.

Bobby Franklin Realtor®

Bobby Franklin

Realtor®

Serving DFW | Ellis County
16 Northgate Dr. Ste 100

Waxahachie, TX 75165

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