Beware of Builder Contracts by Dan Polimino

By
Real Estate Agent with Keller Williams Realty DTC

If you remember one thing from this article, please remember this: The Colorado Real Estate Commission approved contract to buy and sell real estate is extremely slanted in favor of the buyer. Every builder’s contract is not in favor of the buyer.

Listen, I have nothing against builders. I like builders and have many good relationships with builders, but buyers need to beware of builder contracts. You see, a builder’s contract is not approved by the Real Estate Commission and is written to protect the builder, not the buyer. There’s nothing wrong with that, but if buyers are expecting the same contingencies and protections they would receive when they buy a re-sale home with an approved contract, they need to wake up.

The builders know that there is no inventory in the market. They are realizing each day that they are the only game in town and yes, they have buyers over a barrel. It means that they can ask for whatever they want, write it into their contract, and probably get buyers to go along with it. Builders have their own attorneys draw up their contracts from scratch, and again, it’s whatever the builder wants or demands. 

I am always amazed by the number of consumers who scrutinize each and every purchase they make from a TV to a set of tires for their car. Yet, when they are going to make the single biggest purchase of their life, they go into a builder’s office without representation and then sign a contract they did not read. Understand that it does not cost you a dime to use a professional real estate agent in the purchase of your new construction home. Yes, I know that the builder has salespeople to help you, but they work for the builder… and not for your best interest. Also, please understand that the builder will not give you a discount on the purchase price of the home if you do not use a Realtor. When the builder structured their pricing for their new homes, they built the Realtor’s commission into the pricing plan. If you do not use a Realtor in the purchase of your new home, the builder just MAKES MORE MONEY.

Join me next week for part two of this series “Beware of Builder Contracts.”

Dan Polimino is a Broker/Owner with the Colorado Dream House Team, Keller Williams Realty DTC. Contact Dan at 303-522-1161, dan@coloradodreamhouse.com, codreamhouse.com or coloradodreamhouse.com 

Comments (2)

Katina Hargrove 352-551-0308
Stake Your Land Realty, Inc. - Eustis, FL
Broker/Owner, GRI,SFR, REALTOR®

Dan, Very good information, please also be aware of builders preferred lenders. I am not against them, but I had a scenario last month. The buyers lender told our buyer to open up a credit card and a week before closing, my buyers did not qualified because the credit score had gone down. I had to round up my lender to get it closed and it did.

Jul 09, 2014 12:13 AM
Sandy Padula and Norm Padula, JD, GRI
HomeSmart Realty West & Lend Smart Mortgage, Llc. - Carlsbad, CA
Presence, Persistence & Perseverance

Dan: Having worked in the past for a national builder, I can tell you that the builders demand everything in the contract go their way and refuse any changes to the contract. If buyers bring in an attorney to scrutinize the contract, 99% of the time, that buyer is gone. What does that tell you about the builder contracts? By the way, I was so relieved to leave that part of the market and promised myself to never sell another one of that builder's homes. It has worked very well for both me and my buyers!

Aug 22, 2014 12:42 AM

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