Char - the others are correct - the builder's contracts make me gag every time I go through one of them - I have found you end up with fewer problems if you buy a new home that is already complete - you can see the actual home, there are any changes that get made unbeknownst to you, and the builder is a litte more motivated on the sale.

Buying a brand new home is wonderful - if it is a dirt start you get to pick the lot, select all of the finishes, makes changes if the builder allows, etc - the downside is that a brand new home that is a dirt start is also the most expensive way to buy a home and you should plan on living there a longer time in order to be able to sell without a loss - it is sometimes very difficult to sell a home in the same neighborhood that the builder is still building in unless there is significant appreciation occurring. Finally, don't forget to budget for the costs of landscaping, window treatments, and air conditioning as they are not items typically included in the standard builder package in the Castle Rock area.

Where are you in the process? As others have mentioned, we rarely see attorneys involved in the typical residential purchase (I am not saying they shouldn't be involved but they are not required to be involved so rarely are they involved). If I was going to hire an attorney, I would hire the attorney at the beginning; to review and go over the builder's contract with me - they are all different, always slanted in the builder's favor and maybe in the particular contract, the attorney will be able to point out something that could be changed in your favor. An attorney is not customary at closing if you have a Realtor involved (but because this is different than in many areas of the country, you may feel more comfortable having one) - I say this because the closing documents are pretty standardized and a Realtor with any experience will have been through many closings. If no Realtor is involved, then an attorney to explain the documents in advance would be helpful. Best of luck with your move - I am sure you will enjoy the weather here more than in Chicago!

In Colorado, attorney's are not used to represent buyers and sellers in a real estate transaction. If you do not have a buyer's agent, then a real estate attorney can help you understand the contract.

An attorney worte the contract for the benefit of the builder. It favors the builder. Know that going in. If your desire is to buy the property then the only way to get it is to sign the contract. You may not need an attorney. Or you may only wish to use one if things aren't going the way you expect them.

Don't forget to get the new home inspected prior to closing.

Always have a real estate attorney at your side, it's money well spent ...

They should cover things with you like breach of contract, specific performance, non-disclosure, fraud or misrepresentation -- (which happens every minute of everyday ...)

If you're building a house anything "can" and "will" happen, believe me ... so it's nice to have someone there that truly understands things like construction defects and mechanic's liens or disputes that owners, builders and contractors often have -- and that happens everyday also.


Good luck.!

You don't "need" one, but I'd strongly suggest using one. Here in Chicago we routinely use attorneys to close, and I'd be inclined to use one for new construction as well. As Charles points out, new construction contracts are skewed in favor of the builder, and they often won't allow any changes to their contract, but occasionally there will be something serious in the contract, (like a very open-ended delivery date... like 2 years??) and a good RE attorney can help tighten that up, or at least help you understand the liability and give you the opportunity to determine if you want to go forward, or not.

I have done enough closings myself, that I could probably run the closing myself, and yet, if I were to purchase a property (new construction or resale) I would hire an attorney to represent me at the closing. I think it's money very well spent.

Most of the builders you will find here our going to use their own contracts which have been written by lawyers to favor their position. Builders are not regulated by the Real Estate commission like agents and therefore a new construction purchase will be different then a resale property. It has been my experience that a lawyer may help you understand the contract however you will most likely not be able to get the builder to change the contract. If it makes you feel more comfortable to consult with a lawyer then by all means contact one or ask your agent for some referrals. I would also recommend having representation by a real estate agent even on new construction. They can make the process much smoother and help with everything from finding the right home/builder to assisting in what options and upgrades are appropriate for the market.