The New Construction Residential Purchase Agreement is essential when buying a home that has not yet been built or is under construction. This agreement, commonly used throughout the United States, provides comprehensive protection for both builders and buyers by clearly defining construction specifications, timelines, payment terms, and warranty obligations. It differs from standard residential purchase agreements by including construction-specific elements such as build specifications, completion schedules, and builder warranties. The document must comply with both federal regulations and state-specific requirements for new home construction and sales.
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1. Parties: Identifies the builder/seller and buyer with full legal names and addresses
2. Background: Outlines the context of the agreement and property details
3. Definitions: Defines key terms used throughout the agreement
4. Property Description: Detailed description of the property and specifications of the home to be built
5. Purchase Price: States the total purchase price and payment schedule
6. Construction Specifications: Details of construction, materials, and finishing standards
7. Timeline and Completion: Construction schedule and completion requirements
8. Inspections and Acceptance: Rights and procedures for inspections and final acceptance
9. Warranties: Builder's warranties and guarantees
10. Closing Provisions: Requirements and procedures for closing
1. Financing Contingency: Include when buyer requires mortgage financing - Used when buyer's purchase is contingent on obtaining financing
2. HOA Provisions: Homeowners Association rules and requirements - Used when property is part of an HOA
3. Custom Features: Provisions for buyer-selected customizations - Used when buyer has option to customize features
4. Environmental Provisions: Special environmental requirements or considerations - Used when property has specific environmental concerns
1. Schedule A - Property Plans: Detailed architectural plans and drawings
2. Schedule B - Specifications: Detailed construction specifications and materials list
3. Schedule C - Payment Schedule: Detailed breakdown of payment milestones
4. Schedule D - Construction Timeline: Detailed construction schedule with milestones
5. Appendix 1 - Builder's Warranty: Full warranty terms and conditions
6. Appendix 2 - Selection Sheet: Buyer's selections for finishes and materials
7. Appendix 3 - Change Order Form: Standard form for requesting changes during construction
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