Buying New Construction in Florida: What Builders Won't Tell You
Builder contracts in Florida are written by the builder's lawyers to protect the builder. Buyers who skip independent inspections and accept default terms leave real money — and real risk — on the table.
Builder Contracts in Florida: What to Negotiate
Unlike a standard resale transaction using the FL Realtors/Bar approved contract, new construction contracts are written entirely by the builder's legal team. Common terms that favor the builder:
- Closing date flexibility: Most builder contracts allow the builder to extend closing indefinitely due to "construction delays" without penalty. Negotiate a drop-dead date with earnest money refund rights.
- Price lock terms: Some contracts allow price increases if material costs rise. Read the escalation clause carefully and get a fixed-price confirmation in writing.
- Change order lock-in: Upgrade selections are typically locked 30–60 days before closing. After that, the builder may not accommodate changes — and may charge you for modifications regardless.
- Arbitration clauses: Many builder contracts require binding arbitration for disputes, waiving your right to a jury trial. Some are negotiable — ask before you sign.
- Incentive contingencies: Closing cost incentives tied to the builder's preferred lender may evaporate if you switch lenders or if rates change. Understand the conditions attached to every incentive before you rely on it.
Register your agent before your first visit. Most FL builders require a buyer's agent to be registered at first contact to pay a commission. If you walk into a model home without your agent and then call them later, the builder may refuse to pay commission — leaving your agent to ask you for it. Don't let this happen by accident.
Florida New Construction Warranty — Chapter 553
Florida Statute §553.835 sets minimum implied warranties for new residential construction. These are the statutory floors — your builder's written warranty may offer more (or attempt to narrow them):
| Coverage | Duration | What It Covers |
|---|---|---|
| Workmanship | 1 year | Materials and installation defects — improperly installed trim, leaking fixtures, misaligned doors, surface defects |
| Systems | 2 years | Plumbing, electrical, HVAC, and roofing systems — mechanical defects in covered systems |
| Major structural | 10 years | Load-bearing components, foundation, structural framing — defects that materially impair use or safety |
Document everything in writing. Verbal warranty claims are hard to enforce. Your first-year workmanship claim window moves fast — do your 11-month walkthrough 30 days before the 1-year anniversary and submit a written list to the builder.
Independent Inspections for New Construction
County inspectors confirm code compliance — they are not your inspector. Schedule independent inspections at three stages:
- Pre-pour / slab inspection. Before the concrete slab is poured, verify plumbing rough-in under slab and compaction. This is your only chance to see what's under your floor.
- Pre-drywall / frame inspection. After framing, plumbing rough-in, electrical rough-in, and HVAC ducts are installed — before drywall covers everything. Catches missing insulation, improper flashing, wrong pipe sizes, and nail-plated violations.
- Final walkthrough inspection. Before your final closing walkthrough with the builder, bring an independent inspector. They'll find items to add to your punch list that you'd miss on your own.
Builder will tell you inspections aren't necessary: They may say their process is inspected by the county at every stage. That's true — and county inspections confirm code minimums. An independent inspector is looking for your interests, not the minimum standard. In a market where construction crews are stretched thin, pre-drywall inspections regularly find insulation gaps, misrouted ducts, and improper flashing that the county passed.
The Punch List: How to Use It Correctly
The punch list walkthrough happens 1–2 weeks before closing. Do it right:
- Bring your independent inspector to the final walkthrough — not just your own eyes
- Document every defect with photos and description; get the list signed by the builder's rep on-site
- Specify completion timeline for each item — "prior to closing" is the only acceptable standard for safety/livability issues
- Do not close until critical punch list items are complete. Post-closing punch list items become warranty claims — slower, harder to enforce
- Test every outlet, fixture, door, window, appliance, and HVAC zone during the walkthrough — not after
Title Insurance for New Construction
New construction doesn't mean clean title. Specific title risks in FL new construction:
- Mechanic's liens: Subcontractors and suppliers who weren't paid by the builder can file liens against your property after closing. FL mechanic's lien law (§713) gives them up to 90 days after completion to file. Your title insurance protects against recorded liens — but only if you buy it. The builder's "lien affidavit" is not a substitute.
- Survey issues: In new developments, lot boundaries, easements, and utility corridors may not be fully recorded. Order your own survey — don't rely on the plat alone.
- Builder's preferred title company: You have the right to choose your own title company. An independent title company owes their duty to you — the builder's title company has an ongoing relationship with the builder. Shop independently.
FL New Construction Buyer Guide — Printable Checklist
Builder contract red flag checklist · FL Ch. 553 warranty reference card · 3-stage inspection schedule · Punch list template · Title insurance guide · Lender incentive evaluation worksheet. Created by a licensed FL real estate professional.
🛒 Get the New Construction Guide on EtsyAlso: FL First-Time Home Buyer Toolkit