Buying New Construction in San Antonio: Texas New Home Contracts Explained (2026)

A lot of the buyers I work with in San Antonio are looking at new construction, especially in Alamo Ranch and Northwest San Antonio, Converse, and Cibolo and Schertz. Builder sales offices are friendly and helpful, but the sales consultant works for the builder. Before you sign, it helps to understand how the contract works. Here are the basics in plain terms.

Two Texas new home contracts

The Texas Real Estate Commission (TREC) publishes two promulgated new home contracts, both with a current effective date of July 1, 2026:

• New Home Contract (Incomplete Construction), TREC No. 23-20: for homes the builder has not finished yet.
• New Home Contract (Completed Construction), TREC No. 24-20: for homes the builder has finished and no one has lived in.

Many builders use their own contract instead of a TREC form. Either way, read every page and ask questions before you sign.

If the home is still being built (TREC 23-20)

The incomplete construction form adds a section that a finished-home contract doesn't need:

• Construction documents: the plans, specifications, finish-out schedules, change orders and allowances become part of the contract.
• Change orders must be in writing. If your selections or change orders cost more than the allowances in the construction documents, you pay the difference as the contract spells out. Unused allowances and cost decreases reduce the price.
• Selections: the builder can set a deadline for you to make required selections, so plan your design-center visit early.
• Completion: the contract sets when construction must start and a date the home must be substantially completed. Certain delays (for example weather events, casualty, strikes or unavailable materials) can add time, but not past the closing date.

If the home is already finished (TREC 24-20)

A completed home works more like a resale purchase: you can tour exactly what you're buying, and the timeline is usually shorter.

Tips I give every new construction buyer

• Bring your own agent on your first visit. Many builders ask that your agent be registered with them at or before your first visit, so check the builder's policy before you walk in.
• Get an independent inspection. A new home still benefits from a licensed inspector's eye, ideally before drywall goes up and again before closing.
• Compare lenders. Builder-affiliated lenders may offer incentives, but compare the full cost with an outside lender. Incentives change often, so get them in writing and check the builder's own website (terms apply, see builder).
• Know the warranty. Both TREC forms say that, except as stated in the contract, a separate writing or the law, the builder makes no other express warranties. Ask for the builder's written warranty and read it.
• Note the defect-notice rule. Both TREC forms include a notice that the contract is subject to Chapter 27 of the Texas Property Code, which requires written notice to the builder before a construction-defect lawsuit or arbitration.

Thinking about new construction in Alamo Ranch, Converse, Cibolo, Schertz or elsewhere around San Antonio? I'm Chris Dudley, REALTOR® (TREC #731381) and founder of Legacy Realty Group, brokered by Real Broker, LLC. Reach out through chrisdudleyrealty.com and I'll help you compare communities, floor plans and contracts before you sign.

Sources: TREC Contracts; TREC No. 23-20; TREC No. 24-20

This post is general information, not legal advice. Talk with a Texas real estate attorney about your specific contract.