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Do I need a real estate attorney for a new construction and first-time home buyer?

Folsom, CA |

We are buying a new construction in Folsom, CA. This is our first home.
The builder has sent us the purchase contract to review before the signing.
We would like to know if there is any need to have an attorney look through the papers, just in case.


Attorney Answers 5


A home is typically the largest purchase in your life. It would be wise therefore to pay to have someone review the contract. If a real estate deal goes bad, it can be very expensive.

If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.

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1 lawyer agrees


This is a common question and I agree with the other attorney. Purchasing a new home is the single largest purchase most people will make in their lifetimes yet when doing so, they don't bother to read the contract. Most people spend more time reading their Cable Bill than they do reading their contract for purchase.

I have been reading construction purchase contracts for the better part of 25 years and am continually shocked at what I find in them. The last one I read for a client was so onerous that I advised the client to simply walk away and use another builder.

You are likely spending upwards of $200K on your new home. Hire a good attorney for two hours for $500 and have him protect your rights and advise you properly.

Attorney is Licensed in Arizona, California, and Colorado only. The opinions and comments offered are in the nature of general business advice relating to generic questions that might be raised. The use of this site is not intended to form an attorney client relationship of any kind. The reader is advised that every situation is different and you should always consult in person with a licensed attorney for the particular jurisdiction in question when your legal rights may be effected.

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I agree with my colleagues, unless you are interested in reading contracts yourself, you need to know what things are NOT provided and the limitations and conditions on what IS provided, as well as requirements on YOUR part AFTER the purchase closes, e.g. time frame in which you must landscape your front yard, etc. Approvals needed for various changes, as well as neighborhood association requirements, if any.

The foregoing is for informational purposes only and may not be relied on as attorney-client advice.

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I have drafted hundreds of contracts on behalf of contractors, and we are always looking for new provisions to protect the rights of our clients. Buyer beware! Builders have broad discretion to include creative terms in their contracts. It requires the skill and knowledge of an experienced construction/real estate lawyer to properly analyze the issues and advise you of your rights. Consider it cheap insurance.

These comments are for general informational purposes and do not create an attorney-client relationship and should not be relied upon as legal advice. Consult with a licensed attorney regarding the facts of your case.

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it is not required by law but you should consult with an attorney to at the very least review the contract.

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