The New Home Sales Contract serves as the primary legal instrument for transactions involving newly constructed residential properties in the United States. This document is essential when a builder or developer is selling a home that is either under construction or yet to be built. It differs from standard real estate contracts by including construction-specific elements such as build specifications, completion schedules, and builder warranties. The contract must comply with both federal regulations (such as ILSFDA and RESPA) and state-specific requirements for real estate and construction. It provides protection for both the buyer and builder while establishing clear expectations for the construction and sale process.
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1. Parties: Identification of buyer and seller/builder with full legal names and addresses
2. Background: Context of the sale, including property details and purpose of agreement
3. Definitions: Key terms used throughout the contract
4. Property Description: Detailed legal description of the property and construction specifications
5. Purchase Price: Total price and payment schedule, including deposits and installments
6. Construction Timeline: Expected completion dates and milestone schedules
7. Warranties: Builder's warranties and guarantees on construction
8. Closing Provisions: Requirements and procedures for closing the sale
1. Financing Contingency: Terms related to buyer's financing requirements - use when buyer requires mortgage financing
2. HOA Provisions: Homeowners Association rules and requirements - use when property is part of an HOA
3. Customization Options: Provisions for buyer-selected modifications - use when allowing custom features or upgrades
1. Schedule A - Construction Specifications: Detailed building plans and materials specifications
2. Schedule B - Site Plan: Property layout and positioning
3. Schedule C - Standard Features: List of included features and finishes
4. Schedule D - Optional Upgrades: Available upgrades and their pricing
5. Schedule E - Construction Timeline: Detailed construction schedule with milestones
6. Appendix 1 - Required Disclosures: State-mandated property and construction disclosures
7. Appendix 2 - Warranty Documentation: Detailed warranty terms and conditions
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