Davie New Construction Contract: What Buyers Can Negotiate
Can You Negotiate a New Construction Builder Contract in Davie?
Yes. A Davie new construction builder contract is negotiable, just not the way a resale contract is. In my experience, builders are less flexible on base price than on other terms, so put your effort into the terms that can cost you money and add risk: a real financing and appraisal contingency, how your deposit is held and refunded, an outside completion date with a cancellation right, the arbitration clause, and your design center allowance. A builder can offer incentives to use its own lender, but it cannot require it.
The mistake I see buyers make in model homes is spending their energy on price instead of the terms in the addenda. That is backward. The terms are where a buyer actually wins or loses. If you are early in the process, start with the complete Davie buyer’s guide and then come back to this, because a builder purchase agreement plays by its own rules.
Why a Builder Contract Is Not a Resale Contract
When you buy a resale home in Florida, you and the seller usually sign the FAR/BAR contract, a standard form written to balance both sides. When you buy new construction, you sign the builder’s own contract, written by the builder’s lawyers to protect the builder. That single difference drives everything below.
Two things follow from it. First, the protections you take for granted in a resale deal can be missing or weakened, including the financing contingency and the appraisal contingency. Second, the deposit at risk can be larger, and it can become nonrefundable faster than buyers expect. You are not reading a neutral document, so you cannot assume the standard safeguards are in place. You have to ask for them.
This is exactly the kind of review I walk buyers through before they sign anything. The builder representative in the model home works for the builder, the same way a listing agent works for the seller. Having your own representation matters more here, not less, and the National Association of REALTORS explains buyer representation and how it changed after the 2024 settlement.
The Terms Worth Negotiating Before You Sign
Here is where to spend your attention. Work down this list in order, because the items near the top carry more financial risk.
1. A real financing and appraisal contingency
Builder contracts may not include a full financing contingency or an appraisal contingency. Check yours line by line, because that gap is a major risk in new construction. If your loan falls through late in the build, or the finished home appraises below what you agreed to pay, a weak contract can put your deposit at risk instead of protecting it.
Ask for a written financing contingency that survives the whole build, not just the first few weeks, and ask what happens to your deposit if the appraisal comes in low. If the builder will not add a true appraisal contingency, at least understand your exposure in writing before you sign. Our guide on how a financing contingency protects your deposit breaks down the resale version so you can see what the builder contract is leaving out.
2. How your deposit is held and refunded
Builders may ask for a larger deposit than a resale seller would, and may ask for additional deposits as you make selections. Two questions matter. Where is the money held, and under what conditions do you get it back?
Ask that your deposit sit in an escrow account, and ask for written receipts as funds are applied. Then read the cancellation and default language closely, because that is what decides whether your money comes back if the deal falls apart. Check whether design center deposits are refundable before you choose upgrades, and treat every selection as a spending decision, not a wish list.
3. An outside completion date and delay rights
A builder’s completion date is an estimate, not a promise. Without the right clause, a long delay can leave you waiting with no way out and a rate lock that expires. Ask for an outside completion date, a firm deadline that, if missed, gives you the right to cancel and recover your deposit. Ask how the builder handles a delayed closing if your rate lock runs out. You can ask for delay protection, and a builder that plans to deliver on time has little reason to refuse it.
4. Preferred lender incentives, read carefully
Builders often dangle a rate buydown or a closing cost credit if you finance through their affiliated lender. That incentive can be real money, and it can also be attached to a higher base price or terms that favor the builder. Two rules keep you safe. First, a builder can offer an incentive to use its lender, but under federal RESPA rules it cannot require you to use that lender to buy the home. Second, get a competing loan estimate from an outside lender and compare the full cost, not just the headline rate. The incentive is worth it only if the total math wins. We cover this tradeoff in the post on Davie new construction builder incentives.
5. The arbitration clause and the warranty
Builder contracts often include an arbitration clause, which means you agree to resolve disputes outside of court. Florida courts generally enforce arbitration agreements, so read the clause, and ask an attorney what claims it covers, before you sign, not after a problem appears. You can sometimes negotiate the terms of the clause, and you should understand what the builder warranty does and does not cover, especially for work that surfaces after your final payment. For the post closing side of this, see new construction warranty and inspection rights in Davie, and always get your own inspection rather than relying only on the municipal one.
What Moves Less, and Where to Spend Your Energy Instead
In my experience, builders are less flexible on base price than on incentives and credits, in part because published prices set the comps for the rest of the community. Ask, but expect the movement to come in other terms. Incentives, upgrades, and closing cost credits are where builders often have more room, and those can be worth more than a small price cut anyway.
Recent builder activity in Davie includes gated communities such as CC Homes’ Estates by Turnberry and Pulte’s Marigold, along with D.R. Horton’s Vineyards, which is not gated and mixes detached homes with townhomes. Pricing varies by community and moves with the market, so confirm current base prices and available incentives directly with the builder rather than trusting a number you saw months ago. For context on the broader market, the median single family sale price in Davie is $893,000 (single-family median, trailing 183 days ending Nov 3, 2026, based on 196 listings, per BeachesMLS).
Budget for the costs a builder contract adds on top of the base price. Ask whether the contract passes any impact fees, capital contributions or HOA startup fees through to you at closing, and take any local fee questions to the Town of Davie and Broward County. If the home was not substantially complete on January 1, your first tax bill may be based on the lot only. The following year’s bill reflects the finished home, so budget from the estimated finished value, not the first bill, and confirm how the home will be assessed with the Broward County Property Appraiser before you set your budget. The full breakdown lives in our guides on Davie new construction closing costs and Davie closing costs overall. If a builder pressures you to sign fast, that pressure is a reason to slow down, the same way an escalation clause is a tool you use on purpose, not under stress. Buyers in new estate communities like Estates by Turnberry should be especially careful, because the dollars and the deposits are larger.
Before you sign, have a Florida real estate attorney review your builder contract. This blog is a starting point, not legal advice, and a modest review fee can save you far more.
Frequently Asked Questions
Can you negotiate the price of a new construction home in Davie?
In my experience, builders are less flexible on base price than on incentives and credits, in part because the base price sets the comparable value for the rest of the community. Ask, but expect the movement to come in other terms, such as incentives, upgrade allowances, or closing cost credits, which can be worth more than a small price reduction. Confirm what is on the table directly with the builder for the specific community and phase.
Do new construction builder contracts have a financing contingency?
They may not, or the one included may be weaker than a resale contract’s. A builder contract may also lack an appraisal contingency, so check yours line by line. Ask for a written financing contingency that lasts through the full build, and get clear in writing on what happens to your deposit if your loan is denied or the home appraises low.
Do I have to use the builder’s preferred lender in Davie?
No. Under federal RESPA rules a builder can offer incentives to use its affiliated lender, but it cannot require you to use that lender to buy the home. Compare the builder’s offer against a loan estimate from an outside lender and look at the total cost, since the incentive sometimes comes with a higher base price or less favorable terms.
What happens if the builder finishes my Davie home late?
It depends on your contract. Without an outside completion date clause, a long delay can leave you waiting with limited options and an expired rate lock. Ask for a firm outside completion date that gives you the right to cancel and recover your deposit if the builder misses it, and ask how a delayed closing affects your financing.
Should I get my own inspection on a brand new Davie home?
Yes. A new home is not a perfect home. Get your own inspection during the build where the contract allows it and again before closing, then hold the builder to a written punch list. Your own inspector answers to you, while the municipal inspection confirms code minimums, not your interests.
Talk to a Davie Real Estate Expert
If you are considering new construction in Davie, a good next step is a direct conversation before you sign anything. I can help you read the builder contract, compare a preferred lender incentive against an outside quote, and decide which terms are worth pushing on for your specific community. Schedule a strategy call here, and if you are already working with another agent, an honest second opinion is fair game.
Anthony Spitaleri
Broker Associate, REALTOR® | Coldwell Banker Realty
Creator of Living in Davie, Florida
Davie, Florida | Serving Davie, Weston and surrounding Broward markets
954-235-5783
Florida License BK3281907
@livingindavieflorida
Written by Anthony Spitaleri, Broker Associate, REALTOR® with Coldwell Banker Realty. Born in Miami, raised in Davie. More about Anthony
