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Texas New Home Contract (Completed Construction)

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NEW HOME CONTRACT (Completed Construction)

EQUAL HOUSING OPPORTUNITY

PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC)

NOTICE: Not For Use For Condominium Transactions

1. PARTIES: (Seller) agrees to sell and convey to (Buyer) and Buyer agrees to buy from Seller the property described below.

2. PROPERTY: Lot , Block , Addition, City of , County, Texas, known as (Address/Zip Code), or as described on attached exhibit, together with the improvements, fixtures and all other property located thereon.

The Property is is not subject to mandatory membership in an owners’ association. The TREC Addendum for Property Subject to Mandatory Membership In An Owners’ Association is is not attached.

3. SALES PRICE:

A. Cash portion of Sales Price payable by Buyer at closing .................... $

B. Sum of all financing described below .................................................. $

C. Sales Price (Sum of A and B) ............................................................. $

4. FINANCING: Within days after the effective date of this contract Buyer shall apply for and make every reasonable effort to obtain financing. If financing is not obtained within days after the effective date hereof, this contract will terminate and the earnest money will be refunded to Buyer.

( ) A. THIRD PARTY FINANCING:

( ) (1) First mortgage loan loan-to-value ratio not to exceed , due in full in year(s), interest not to exceed per annum for the first year(s). The loan will be with without PMI.

( ) (2) Second mortgage loan loan-to-value ratio not to exceed , due in full in year(s), interest not to exceed per annum for the first year(s). The loan will be with without PMI.

( ) B. FHA INSURED FINANCING: Section FHA insured loan of not less than $, amortizable monthly for not less than years, with interest not to exceed per annum for the first year(s) of the loan.

Appraised value not less than $.

( ) C. VA GUARANTEED FINANCING: Loan of not less than $, amortizable monthly for not less than years, with interest not to exceed per annum for the first year(s) of the loan.

( ) D. TEXAS VETERAN’S HOUSING ASSISTANCE PROGRAM LOAN: Loan of $ for a period of at least years at the interest rate established at closing.

( ) E. SELLER FINANCING: Promissory note of $, bearing interest per annum.

( ) F. CREDIT APPROVAL ON SELLER FINANCING: Within days after the effective date, Buyer shall deliver to Seller:

credit report

verification of employment, including salary

verification of funds on deposit in financial institutions

current financial statement

5. EARNEST MONEY: Buyer shall deposit $ as earnest money with at (Address), as escrow agent. Additional earnest money of $ must be deposited by Buyer on or before

6. TITLE POLICY AND SURVEY:

( ) A. TITLE POLICY: Seller shall furnish to Buyer at Seller’s Buyer’s expense an owner policy of title insurance issued by in the amount of the Sales Price.

( ) B. SURVEY: (Check one box only)

(1) Within days after Buyer’s receipt of a survey furnished to a third-party lender at Seller’s Buyer’s expense.

(2) Within days after the effective date of this contract, Buyer may object to a survey obtained by Buyer at Buyer’s expense.

7. PROPERTY CONDITION:

A. INSPECTIONS, ACCESS AND UTILITIES: Buyer may have the Property inspected by an inspector selected by Buyer.

B. ACCEPTANCE OF PROPERTY CONDITION: (check one box only):

( ) (1) Option Fee $ for the unrestricted right to terminate within days.

( ) (2) Buyer accepts the Property in its present condition; provided Seller shall complete the following repairs and treatment:

E. WARRANTIES: (check one box only)

(1) Seller makes no express warranties.

(2) Seller makes the express warranties stated in Paragraph 11 or as attached.

8. BROKERS' FEES: All obligations of the parties for payment of brokers’ fees are contained in separate written agreements.

9. CLOSING: The closing of the sale will be on or before , or within 7 days after objections have been cured, whichever date is later.

10. POSSESSION: Seller shall deliver possession of the Property to Buyer on in its present or required repaired condition, ordinary wear and tear excepted.

11. SPECIAL PROVISIONS:

12. SETTLEMENT AND OTHER EXPENSES:

A.(1) Loan appraisal fees will be paid by .

A.(2) The total of loan discount fees may not exceed of the loan. Seller shall pay and Buyer shall pay the remainder.

B. FHA Mortgage Insurance Premium / VA Loan Funding Fee not to exceed will be paid by Buyer.

C. If any expense exceeds an amount expressly stated, that party may terminate this contract unless the other party agrees to pay such excess.

13. PRORATIONS: Taxes, assessments, dues and rents will be prorated through the Closing Date.

14. CASUALTY LOSS: If any part of the Property is damaged after the effective date, Seller shall restore the Property as soon as reasonably possible.

15. DEFAULT: If Buyer fails to comply with this contract, Buyer will be in default, and Seller may enforce specific performance or terminate this contract and receive the earnest money as liquidated damages.

16. DISPUTE RESOLUTION: The parties are encouraged to use mediation to resolve disputes.

17. ATTORNEY'S FEES: The prevailing party in any legal proceeding is entitled to recover costs and reasonable attorney’s fees.

18. ESCROW: The earnest money is deposited with escrow agent with the understanding that escrow agent is not a party to this contract.

19. REPRESENTATIONS: Seller represents that as of the Closing Date there will be no liens or security interests against the Property except as permitted.

20. FEDERAL TAX REQUIREMENT: If Seller is a foreign person, Buyer shall withhold from the sales proceeds an amount sufficient to comply with applicable tax law.

21. AGREEMENT OF PARTIES: Addenda which are a part of this contract are:

22. CONSULT YOUR ATTORNEY: READ IT CAREFULLY. If you do not understand the effect of this contract, consult your attorney BEFORE signing.

Buyer’s Attorney is: Seller’s Attorney is:

23. NOTICES: All notices from one party to the other must be in writing and are effective when mailed to, hand-delivered at, or transmitted by facsimile machine as follows:

To Buyer at:

Telephone ( )

Facsimile ( )

To Seller at:

Telephone ( )

Facsimile ( )

EXECUTED the day of , (THE EFFECTIVE DATE).

Buyer

Buyer

Seller

Seller

BROKER INFORMATION AND RATIFICATION OF FEE

Listing Broker has agreed to pay Other Broker of the total sales price when Listing Broker’s fee is received.

Telephone

Facsimile

Telephone

Facsimile

RECEIPT

Receipt of Contract and $ Earnest Money in the form of is acknowledged.

Escrow Agent: Date:

By:

Telephone ( )

Facsimile ( )

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What the Texas New Home Contract (Completed Construction) Covers

The Texas New Home Contract (Completed Construction) is a standardized real estate agreement used for the sale of a newly built residence that has already been finished before closing. It sets out buyer and seller identities, the legal description of the property, purchase price, earnest money, financing contingencies, seller warranties for new construction items, included fixtures and appliances, closing logistics, and remedies for default. The form allocates risk between parties on items such as title, surveys, appraisal, HOA obligations, and completion warranties specific to completed-construction transactions in Texas markets.

Why this Contract Matters for Completed New Homes

The contract creates a clear, enforceable framework tailored to completed new-construction sales, documenting price, closing mechanics, warranties, and remedies to reduce post-closing disputes and clarify obligations for builders, sellers, lenders, and buyers.

Why this Contract Matters for Completed New Homes

Who Typically Prepares and Signs This Contract

Several parties commonly handle or sign the Texas New Home Contract (Completed Construction).

  • Buyers and buyer agents — Review warranties, financing contingencies, and possession terms before signing.
  • Builders or seller representatives — Provide disclosures, convey warranties, and confirm included fixtures and upgrades.
  • Title companies and lenders — Verify title, coordinate closing funds, and confirm deed and recording requirements.

Each participant relies on the contract to allocate responsibilities for closing, title transfer, and post-closing warranty claims; attorneys or title officers often review complex provisions.

Core Sections You’ll Find in the Form

A complete Texas New Home Contract (Completed Construction) contains several discrete sections that define commercial terms, legal protections, and closing procedures.

Purchase Terms

Specifies purchase price, earnest money amount, payment method, and financing contingencies, plus adjustments for prorations and credits at closing.

Property Description

Includes street address, lot and block or metes-and-bounds legal description, and any accessory structures or easements affecting use or title.

Closing & Possession

Sets the closing date, location, method of transfer, and the buyer’s possession date along with conditions for occupancy prior to closing.

Seller Warranties

Lists builder or seller warranties for workmanship, systems, and major components and any warranty periods or transfer conditions.

Included Items

Details appliances, fixtures, window treatments, and any upgrades or allowances that convey with the property on closing.

Default & Remedies

Describes remedies for buyer or seller default, earnest money disposition, termination rights, and dispute-resolution procedures.

Stepwise Process to Complete the Contract

Follow a clear sequence to reduce errors and ensure all parties and title have the same expectations.

  • 01
    Review Draft: Confirm all blanks and attachments are present.
  • 02
    Populate Parties: Enter legal names and contact information.
  • 03
    Confirm Terms: Verify price, dates, and included items.
  • 04
    Sign & Deliver: Execute signatures and route to title or escrow.

Digital Workflow Settings When Completing Online

Configure the e-signing workflow to match required authentication, attachments, and retention before sending to signers.

Field Recommended setting
Signature Authentication Email + SMS code or ID verification for large transactions
Attachments Required Attach survey, HOA docs, and warranty exhibit
Reminder Cadence Send reminders at 3 and 7 days
Audit Trail Retention Retain full audit log for at least 7 years

Where to Send the Executed Contract and What to Expect

After all signatures are collected, distribute executed copies to relevant parties and coordinate closing steps with title and lenders.

  • Title Company: Provide for title exam and closing coordination.
  • Lender: Send final signed contract for loan conditions and funding.
  • HOA or Management: Submit required resale or compliance documents.
  • Buyer and Seller: Each retains a fully executed copy for records.

Technical Requirements for eSigning and eSubmission

Use an eSignature platform that supports secure PDF/DOCX uploads, audit trails, and conditional fields for complex contracts.

  • Signature Auth: Email, SMS code, optional ID verification
  • Integrations: Works with title and CRM systems
  • File Formats: PDF and DOCX supported

Confirm the platform provides tamper-evident signed documents, an exportable audit trail, and integration options (e.g., CRM, cloud storage) to streamline submission to title companies and lenders.

Common Timeframes and Deadlines to Track

Track critical dates in the contract to avoid forfeiture of earnest money or loan fallout.

Offer Acceptance Date:

Date the parties sign to form a binding agreement.

Earnest Money Deposit:

Typically due within 2–5 business days after contract execution.

Financing Deadline:

Deadline to satisfy loan conditions per the contract terms.

Closing Date:

Date set for funding, deed delivery, and proration calculations.

Possession Date:

When buyer takes occupancy, may be at closing or later.

Common Risks and Contract Errors to Avoid

Title Defects: Could delay or invalidate closing
Missing Disclosures: May lead to liability claims
Incorrect Legal Description: Can prevent proper recording
Late Closing: May trigger penalties or contract termination
Unsigned Pages: Can render contract unenforceable
Unclear Fixtures List: Leads to post-closing disputes

Essential Items and Verifications to Include

Signatures: All parties must sign and date
Notary: If required for recording
Survey: Current boundary survey when requested
Title Commitment: Clear chain of title required
HOA Documents: Include bylaws and fees disclosure
Warranty Exhibit: Builder warranty terms attached

Realistic Use Scenarios for Completed New Home Contracts

Two concise scenarios illustrate common transactional workflows and outcomes when using this contract form in Texas.

Scenario: Builder Sale

A builder sells finished model home to a buyer following a negotiated price and upgrade credit.

  • Closing scheduled within 30 days to satisfy lender conditions.
  • The contract includes a two-year workmanship warranty exhibit and an HOA disclosure; the title company recorded the deed and buyer received all warranty documents at closing.

Scenario: Broker-Assisted Purchase

A buyer working with a broker uses the form to document included appliances and repairs from a pre-closing inspection.

  • Earnest money delivered to escrow within three business days.
  • The contract’s remedy clause allowed the buyer to terminate and recover earnest money when the seller missed the agreed completion date, and the transaction later closed with prorated credits.

Practical Tips for Accurate, Efficient Completion

Small, consistent practices reduce errors and speed closing for completed new-home transactions.

Use Exact Legal Names
Confirm names against title and government ID. For entities, include corporate suffixes to prevent funding or recording delays.
Attach Exhibits
Attach surveys, HOA documents, and warranty exhibits rather than referencing them generically; signed attachments reduce later disagreement.
Clear Fixtures List
Itemize included fixtures and appliances with model numbers when possible to avoid post-closing possession disputes.
Coordinate with Title
Provide the title company with the final signed contract early so title search, commitment, and closing timelines remain aligned.

eSignature Pricing Comparison for Completing the Contract

Common vendor pricing and feature distinctions for executing and routing completed-construction contracts electronically; signNow appears first as the ground-truth data source indicates.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day trial Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Frequently Asked Questions and Practical Answers

Answers to common execution, enforceability, and logistics questions for the Texas New Home Contract (Completed Construction).


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