New construction: bring your own agent

The first visit rule

This is the rule that can cost you money, so it goes first. The Arizona buyer-broker agreement has you agree that I go with you on the first visit to any property, and it names model homes and new home lots specifically. If I am not there, the form says the builder may refuse to pay my compensation, “which will eliminate any credit against the agreed upon Broker Compensation.” In plain terms: if the builder was going to pay part or all of my fee, and you walked into the model alone, that payment can disappear, and under our agreement the fee does not.

Builders write their own versions of this rule, and they are not all the same. Lennar’s published broker policy, for example, says the buyer must identify and register the broker on the buyer’s first interaction with a Lennar employee, that the broker must accompany the buyer on the initial visit to the community “whether in person, self-guided, or virtual,” and that a purchase agreement must follow within 60 days of registration, as that policy may extend (Lennar broker and real estate agent policy, read 9/16/26). Other builders use different wording and different windows.

What that means for you:

1. Do not walk into a model, a sales office or a self-guided tour before you tell me.
2. Do not fill out a builder’s online interest form or chat before we talk.
3. Text me the community name. I will read that builder’s current policy and register with you.

Why a new build is a different transaction

Most of what you have read about buying in Arizona describes the AAR resale contract: ten days to inspect, one written repair request, five days to walk on a low appraisal, loan approval three days before closing. Those are resale contract terms. A builder does not use that contract. AAR removed its own new home purchase contract from its forms library in 2015, and builders sell on contracts they write themselves.

So none of those resale protections exists in a builder deal unless the builder’s contract says so. Before you sign, we read it together for:

1. Deposits: how much, when, and when they become non-refundable.
2. Inspections: whether your inspector may come on site, and at which stages.
3. Delays: what happens if the home is not finished on the estimated date.
4. Changes: what happens to options and upgrades once they are ordered.
5. Cancellation: what rights you have, if any, and what you lose.
6. Warranty: what the builder covers, for how long, and how claims are made.
7. Disputes: where they go and whether you gave up a court.

I will read it line by line with you, but I am not your attorney, and the buyer agreement has you acknowledge that I give no legal advice. If a clause matters to you, confirm with your attorney before signing. AAR itself keeps a referral list of real estate attorneys who draft new home construction contracts.

The documents builders hand you

The ADRE and AAR Buyer Advisory lists three documents that matter more on new construction than anywhere else:

1. The Public Report. Subdividers selling six or more lots must give buyers one. The Advisory notes that ADRE does not verify what is in it. Read it anyway.
2. The CC&Rs. By buying in the development you agree to be bound by them, and the Advisory quotes ADRE’s own advice that some are “very strict.”
3. Community Facilities Districts. These are special taxing districts funded by bonds for roads, sewers and parks. The Advisory says to ask how much is still owed and how many payments remain, and to look at the detailed property tax statement.

Also ask whether the HOA is still controlled by the builder. On a resale, Arizona’s HOA disclosure package includes whether the community is under declarant control; on a new build, ask the builder directly.

Incentives: in writing, with conditions

Builders advertise incentives: price reductions, closing cost help, options included, design center credits. Some are straightforward. Some come with conditions, such as using a preferred provider or closing by a certain date. Every one should be in the contract, in dollars, with any conditions spelled out. A verbal promise from a sales office is not an incentive.

Compare the incentive to the alternative, too. New construction competes with resale homes nearby, and in some areas resale sellers are waiting. In Queen Creek, the typical detached resale home sold in a median 85 days, and Gilbert had 731 detached homes for sale (Cromford Report / ARMLS, data 9/15/26, analysis mine). A resale seller in that position may negotiate too, so price the new build against what the same money buys a mile away.

Inspections on a brand-new home

“It’s new” is not an inspection. The Buyer Advisory calls professional inspections “absolutely essential” and says an agent is generally not qualified to discover defects. That applies to a home nobody has lived in yet. What I recommend, if the builder’s contract allows it:

1. A pre-drywall inspection, while framing, plumbing and wiring are still visible.
2. A final inspection before your walkthrough with the builder, so your list is written by a professional.
3. A warranty-period inspection before the builder’s warranty coverage ends.

The Buyer Advisory also flags soil for any Arizona home: expansive clay-like soil, fissures and subsidence, with a licensed engineer’s assessment if cracking shows up. On a new lot, ask about drainage and grading before closing, and confirm with your insurance agent that you can insure the home before you are committed.

What a buyer’s agent does here

The builder’s sales team represents the builder. My job is to work for you: register properly on the first visit, compare the builder’s price and incentives against nearby resales, read the builder’s contract with you and flag what to take to an attorney, track the builder’s dates, schedule independent inspections, and be at the walkthrough with the inspector’s list. I’m an Associate Broker with Keller Williams Integrity First Realty in Gilbert, with more than 500 closed transactions, and a former brokerage owner and Designated Broker.

Heading to a model home this weekend? Text me the community first at (602) 610-3172, or email ryan@ryanharju.com.