New Construction With Your Own Representation

Why bring your own agent

New home sales offices are staffed by agents who represent the builder. The contract is usually the builder's own form, and many builders expect buyers to bring their agent on the first visit. Registering with your agent from the start protects your ability to be represented.

Representing you means reviewing the contract and addenda, comparing lots and floor plans, asking about incentives, and keeping the process on track through closing. Builders often compensate the buyer's agent, but arrangements vary, so we confirm the terms for each community in writing before you commit.

Since August 17, 2024, agents who use a multiple listing service must have a written agreement with a buyer before touring a home with them, and compensation must be clearly stated and is negotiable. We go over that agreement with you before we visit a model home together.

What we help you evaluate

Before you sign, we help you look at the things that are easy to overlook in a model home:

• Lot position, orientation, and what could be built nearby
• Which upgrades add value and which are better done later
• Builder incentives and preferred lender offers, and what they really cost
• HOA dues and special improvement district assessments that appear on the tax bill
• Warranty terms and how to document and report problems
• Independent inspections during and at the end of construction

How buying new is different from buying resale in Nevada

Nevada treats the first sale of a new home differently from a resale. The Seller's Real Property Disclosure form, which resale sellers must complete, is not required for the first sale of a residence built by a licensed contractor, according to NRS 113.130 and the Nevada Real Estate Division's Residential Disclosure Guide. That does not mean there is nothing to review. New-home buyers get other protections and documents instead.

When you sign a sales agreement with the initial purchaser of a newly built home, NRS 113.135 requires the seller to give you a copy of the statutes on construction defect claims, and to notify you of any soil report prepared for the home or the subdivision. If you ask in writing within 5 days after signing, the seller must provide each soil report without cost, and you may rescind the sales agreement within 20 days after you receive all of the reports. A waiver of that right is effective only if it is in a signed document. The disclosure guide also lists a gaming disclosure that applies to initial purchasers of new construction. We make sure you receive each document and understand the deadlines.

Reading the builder's contract

A builder's contract is long and written to protect the builder. Pay attention to the estimated completion date and what happens if it slips, how the price and any upgrade costs are locked in, what the deposits are and when they are refundable, and the process for selecting finishes. Also look at the warranty language, how disputes are handled, and any requirement to use the builder's preferred lender or title company to receive an incentive.

We read the contract with you, flag the items that deserve a question, and help you ask the builder to clarify or change them where that is possible. Some terms are standard and not negotiable, and some are, and it helps to know which is which before you commit. For legal questions about the contract, we encourage you to talk with an attorney.

Construction defects and your protections in Nevada

Nevada has a specific legal framework for construction defect claims, found mainly in Chapter 40 of the Nevada Revised Statutes. Before a homeowner can sue over a constructional defect, the law generally requires written notice to the contractor by certified mail describing the defects in reasonable detail, and the contractor then has deadlines to forward the notice to the subcontractors, suppliers, or design professionals who may be responsible.

There is also a time limit. Under NRS 11.202, no action may generally be commenced more than 10 years after the substantial completion of an improvement for damages caused by a deficiency in its construction, with an exception for fraud. NRS 11.2055 defines the date of substantial completion as the date of the final building inspection, a notice of completion, or a certificate of occupancy, whichever occurs later. These are general descriptions, and an attorney can tell you how they apply to a specific home.

If there is a construction defect, the disclosure guide says the contractor must disclose it in understandable language in bold, capitalized type, and when a home has been the subject of a defect claim or lawsuit, the seller must disclose the notices, expert opinions, settlement or judgment, and repair report to the next buyer 30 days before close of escrow, or at signing if escrow is shorter. Builders must also be licensed, and you can check a contractor's license status on the Nevada State Contractors Board website.

Incentives and the upgrade question

Builders commonly offer rate buydowns, closing cost credits, or free upgrades. Each has a different real value, depending on how long you will own the home and how you are financing it. A credit toward closing costs is not the same as a lower price, and a buydown may be tied to using the builder's lender. We help you compare the offers with what you could get elsewhere. See The Lowest Offer Isn't Always the Best Deal for more on how to weigh incentives against price.

Upgrades are the other big variable. Items that are hard or costly to change later, like flooring choices, structural options, and some electrical or window upgrades, are often worth considering up front, while cosmetic items are usually easier and cheaper to do yourself later. Upgrades chosen at the builder's design center are priced by the builder, so we help you compare them with what the same work would cost afterward.

Financing a new home

A builder may promote a preferred lender and an incentive that depends on using it. A preferred lender can be convenient, and you should still compare the offer with at least one other lender before you commit. Federal rules require your lender to send a Loan Estimate within three business days after you apply, and a Closing Disclosure at least three business days before closing, which makes side-by-side comparison easy.

Loan rules can also differ for homes that are proposed or under construction. HUD's FHA guidelines, for example, include special requirements for properties proposed or under construction and for new construction existing less than one year, so tell your lender early that you are buying new. Rate locks matter too: a home that will not finish for several months can outlast a standard lock period, so ask what the lender and builder offer.

HOAs, assessments, and property taxes on a new home

Most new communities have an HOA, and many also carry special improvement district assessments that appear on the property tax bill. When a builder sells its own units in a common-interest community, Nevada law requires a public offering statement, and the statement must tell you that, unless you or your agent personally inspected the unit, you may cancel by written notice until midnight of the fifth calendar day after the contract is signed. We help you read the documents, including budgets, dues, and any fees due at closing.

Property taxes work differently for a new home. The Clark County Assessor says new construction does not receive a tax cap in its first fiscal year and then receives the 3 percent cap on a primary residence, or up to 8 percent on a residence that is not owner-occupied, beginning the following fiscal year. Plan for the first bills to be less predictable than a resale home's, and ask your lender how taxes are being estimated in your payment.

Inspections and the final walk-through

New homes can still have missed items, so we recommend an independent inspection. Many buyers schedule one before the drywall goes up, if the builder allows it, and another before closing. Our article Never Skip the Home Inspection explains what an inspector covers.

At the final walk-through, also called the orientation, the builder typically gives you a punch list of items to finish. We help you document anything that is not right, make sure it is in writing, and follow up before and after closing. Keep copies of every document and photo, since your warranty depends on prompt, documented reports.

New versus resale

A new home can mean modern systems, a builder warranty, and fewer immediate repairs, but it can also mean a construction timeline, limited negotiating room on price, and a neighborhood that is still being built around you. A resale home may offer a more established lot and landscaping. We help you compare them honestly for your situation.

If you are still deciding where, our guides to Henderson, Las Vegas, and Summerlin describe the communities, including newer master plans like Inspirada, which was described at launch as Nevada's first New Urbanism development, and Mountain's Edge, which was begun in 2004 with plans for about 14,500 homes. Active builders and floor plans change with each phase, so we check what is currently available.