You’ve seen the videos. A new homeowner on a pre-possession walk-through, covering the walls with green tape to mark every paint flaw. 🖌

It feels thorough, but here’s the real issue. The green tape only catches what you can see. 👀

Buyers assume that "New Home Warranty" is a catch-all safety net. 🛟

They believe that if anything goes wrong, the builder will rush over to fix it immediately.

New build contracts almost never include a term for a home inspection.

Instead, you get a "pre-possession walk-through." 🚶

This is a scheduled meeting with a builder representative to “check” the home before you get the keys.

Generally, you are not allowed to bring a private home inspector.

Once you finish that walk-through and sign the Possession Certificate, the home is deemed accepted, deficiencies and all. ❌

Most homebuyers are not construction experts. 👷

During that brief walk-through, you don't have the time, tools, or knowledge to perform a true structural and mechanical inspection.

If you discover a major defect after you move in:

🔴 You are stuck relying on the builder's goodwill to come back and fix it.

🔴 Or, you have to file a formal claim under the new home warranty.

Warranty programs have strict terms, specific exclusions, and a claims process that can be slow and frustrating.

The solution is to ask for a “third-party pre-possession inspection” to be written into the purchase contract. ✍

Most reputable builders will agree to this. 🤝

By getting this in the contract, you can bring a professional inspector to the walk-through. 👷‍♀

If they find any issues, it gets noted on the Occupancy Certificate.

This legally obligates the builder to fix it as a condition of the turnover, rather than leaving you to fight a warranty claim later. ✅

If you or your clients are navigating the purchase of a new build, I’m here to help. Contact me today to ensure you have the right legal support. 💁 ⚖

-Erin