How Do I Buy a New Construction Home in Metro Atlanta?

How do I buy a new construction home in metro Atlanta? You buy it in a set order. Line up your own representation before the first visit to a sales office, have a Georgia real estate attorney review the builder's contract, compare the builder's lender with others, decide who will check the work, get the warranty in writing, and walk the finished home against your contract before closing.

A resale home can be walked, tested and questioned before you commit to it. A new home may be a floor plan and a patch of graded land on the day you sign. What you are buying at that moment is a document and a promise, and everything that follows is the work of holding what gets built up against them.

This guide is from Andrew and Jassey Nguyen. NRG Nguyen Realty Group is a real estate team with Keller Williams Realty Peachtree Road helping buyers in Atlanta, Georgia check a new construction home against what was promised. Every builder and contract differs, so treat this guide as a list of questions to bring to yours.

Settle that before you walk in. Here is our team's reasoning. A sales office belongs to the builder, and a first visit is where the plan, the lot and the finishes begin to feel settled. We would rather a buyer have representation of their own from the first conversation.

Before you go, ask the sales office, in writing, what its policy is on agents and first visits. While you are there, ask the person at the desk whom they represent.

Two more questions belong in the model home. Which finishes here come with the home I am pricing? What is the process for changing anything once I sign?

Because the builder's contract is the builder's own document. Our guide to the due diligence period in Georgia describes how that period works on the standard Georgia purchase contract. A builder's form is a separate paper, so nothing in that guide can be assumed to carry over.

Bring it to a Georgia real estate attorney who represents you, before you sign. Our guide to whether you need an attorney to close in Georgia explains why this is a separate role, since in a standard closing with a loan, the closing attorney represents the lender. An attorney of your own can tell you what your contract means for you.

These are the questions we would put to that attorney. Do I have a period to investigate and walk away? What happens to my money if I change my mind, or if the builder does? What can the builder substitute, and does it need my approval? What is my remedy if the home is late or the work falls short? How are disagreements settled?

The money deserves its own line. The Consumer Financial Protection Bureau says, "If you are considering purchasing a home that is not yet built, your builder could ask for an upfront builder deposit, also called earnest money. Before committing, ask the homebuilder under what conditions the builder deposit can be returned."

As our team sees it, any upgrade, credit, date or promise made in conversation stays unfinished until it sits in the contract or a signed amendment.

You do not. The CFPB's page on finding a home says, "Homebuilders often have an associated mortgage lender they work with. You don't have to use that lender, and you have the right to shop around for a better deal." Its page on contacting lenders adds, "Homebuilders and real estate agents are often familiar with certain mortgage lenders, but you can and should shop around to make sure you're getting the best deal." It suggests contacting at least three.

The tool for comparing is the Loan Estimate, which the CFPB says shows you what loan terms the lender expects to offer if you decide to move forward. The CFPB says each lender is required to send you one within three business days of your request, once you have given it six pieces of information. It also says you do not have to provide a home purchase agreement to get one.

Does the builder tie any offer to using its lender? That is a question for the sales office, and the answer belongs on paper. The CFPB's compliance page on the Real Estate Settlement Procedures Act, or RESPA, says Section 8 of that federal law does not prohibit a lender or other settlement service provider from giving a consumer a gift or an incentive for doing business with that entity. If an offer is on the table, line up the Loan Estimates, rate and every cost included, and weigh it against the whole picture.

Two kinds of people can, and they answer different questions.

The first is the local building department. Cobb County says, "The Inspections office is responsible for administering and enforcing all applicable building codes with regard to residential and commercial construction in the permitting jurisdiction of the unincorporated areas of Cobb County." Its required inspections list, revised June 2023, includes footing and foundation inspections, a zoning compliance inspection on single family residential construction, electrical, mechanical and plumbing roughs, a framing rough, insulation on applicable projects, and finals. It adds, "Insulation and sheetrock are not to be installed until all required rough inspections are approved." And at the end, "Building Final may be requested and will be performed if all required prior inspections were approved. Upon approval by the Building Inspector a Certificate of Occupancy will be issued."

That list is Cobb's, for its unincorporated areas. For any other address, find out which office inspects the home and ask what it inspects. Cobb's permitting page links a lookup called Am I Located in a City.

The second is a private inspector you hire, which is an option. That inspector reports to you, on what you ask about. As guidance to fit to your build, two visits are worth considering: one before drywall, while the framing, wiring and pipes can still be seen, and one near the end, before your final walkthrough. Before you sign, find out whether the builder allows a private inspector on site, and when, and have the answer written into the contract or an amendment.

Request the warranty document itself before you sign. The Federal Trade Commission's page on warranties for new homes says, "Most newly built homes come with a builder warranty," and "Many home warranties are backed by the builder." It also says builders may buy warranties from third-party independent companies, and that the FHA and VA require builders to buy them to protect buyers of newly built homes with FHA or VA loans. The same page sets a builder warranty apart from a service contract, which is sometimes called a home warranty and costs extra.

The FTC describes coverage in general terms. "Coverage for workmanship and materials on most components usually expires after the first year." "Coverage for HVAC, plumbing, and electrical systems is generally two years." It adds that some builders give coverage for up to 10 years for what it calls "major structural defects." Your own document controls, so find each of those lines in it, along with what it leaves out.

The FTC also says, "Many warranties on new homes offer or require mediation and arbitration for disputed warranty claims," and "Most warranties require that both parties accept the arbitrator's decision, without appeal." Have your attorney show you what yours says. For a problem after you move in, the FTC's advice is, "Even if the company provides a hotline for urgent requests, put your request for repair in writing."

Look up the builder too. The Georgia Attorney General's consumer site says, "Contractors who offer or perform residential or general contractor services for compensation in Georgia must be licensed in accordance with the laws and rules that regulate this profession." That page walks you through the Georgia Secretary of State's licensee search, under "Residential and General Contractors."

Our team cannot promise you a completion date. What you can do is learn how your contract treats the date. Is it firm or an estimate? What can move it, and how much notice do you get? Does either side have a right if it moves far enough?

Then follow the date into the rest of your life. Ask your lender how a later closing would affect your loan terms and your rate. If you have a home to sell or a lease to end, set those plans with a closing date that may move.

If the new community has an association, request its covenants and rules before you sign, while they can still change your decision, and have your attorney go through them with you.

As guidance to fit to your community, we would start here. What do the rules say about fences, paint, parking, rentals and exterior changes? What are the dues today, and who can change them? Who controls the association now, and will that pass to the owners? What is planned for the land still unbuilt, and is any of it written down?

The default in section 3 of the 2026 Georgia REALTORS® purchase contract has the buyer paying the transfer tax, the title search, the deed preparation, the intangible tax on a new loan and the other closing costs it does not list for the seller. Our guide to what closing costs a buyer pays in Georgia walks through them. A builder's contract is a different document, so have your attorney show you who pays what under yours, and whether it names a closing attorney.

Before closing, walk the finished home. Our guide to the final walkthrough in Georgia was written around a resale home, and its method carries over. On a new home, the paper you carry is the contract, every amendment and your list of selections. We would photograph anything unfinished, send the list to the builder, and find out in writing who finishes each item and by when.

After you move in, one more form remains. The Georgia Department of Revenue says, "Generally, a homeowner is entitled to a homestead exemption on their home and land underneath provided the home was owned by the homeowner and was their legal residence as of January 1 of the taxable year." So the first January 1 you own and live in the new home is the date to watch. If you buy in Cobb, our guide to applying for homestead exemption in Cobb County goes step by step. Elsewhere, check with your county's tax office.

1. Choose your representation before your first visit, and get the sales office's agent policy in writing.
2. Talk with at least three lenders and collect Loan Estimates.
3. Look up the builder's license and which office inspects the home.
4. Pick the lot and plan, with a written list of what is included.
5. Have a Georgia real estate attorney review the contract, warranty and covenants before you sign.
6. Put every promise in the contract or a signed amendment.
7. Follow the build, with any private inspections you chose.
8. Walk the finished home against your contract and selections.
9. Close, save your warranty and file for homestead when you qualify.

This is an example, not a real client.

Say a buyer visits a new community with our team, with the sales office's agent policy already in an email. The model shows a kitchen they assume is included. The included list shows it is a separate selection. They choose it anyway, and it goes into the contract by name.

Say the sales office mentions an offer tied to its lender. The buyer lines up three Loan Estimates with the offer included and picks one they can explain.

Their attorney goes through the completion date and the warranty's dispute terms. A private inspector's pre-drywall visit is written into an amendment, and the inspector's one note goes to the builder through our team. Closing moves by two weeks, and the lender confirms ahead of time what that does to the loan. At the walkthrough, three small items go on a signed list with dates.

Thinking about representation after the first visit, when the sales office's policy may already apply to you.

Pricing the model, when the included list is what shows you what you are buying.

Taking a spoken answer as settled. A date, an upgrade or a credit said across a desk belongs in the contract or an amendment.

Judging a lender's offer on one number, with the rest of the Loan Estimate unread.

Opening the warranty only after a problem appears, when the length of each coverage and the dispute terms could have been known before you signed.

Do I need a home inspection on a new construction home? That is your choice. A private inspector is an option, on top of whatever the local building department inspects. Find out before signing whether the builder allows one on site, and when.

Can I use my own lender on a new construction home in Georgia? Yes. The CFPB says you don't have to use the builder's associated lender, and that you have the right to shop around.

Can I negotiate with a builder? We cannot tell you what any one builder will agree to. Put your request in writing, and have your attorney review anything that changes the contract.

Does a builder warranty cover everything? The FTC says most new home warranties don't cover out-of-pocket expenses resulting from a major construction defect or warranty repair, and that builder warranties also usually don't cover household appliances, small cracks in brick, tile, cement or drywall, or components covered under a manufacturer's warranty. Review your own warranty's exclusions before you sign.

The contract, the warranty and the covenants are where a new home first exists. The months of building are your chance to compare them with what appears on the lot.

NRG Nguyen Realty Group is a real estate team with Keller Williams Realty Peachtree Road helping buyers in Atlanta, Georgia check a new construction home against what was promised. Our team can go through your questions with you before the first visit to a sales office and stay with you through the walkthrough.

Send us a message: nrgmovesyou.com/contact

Or book a 15-minute discovery call with our team: schedule a call

Andrew and Jassey Nguyen

NRG Nguyen Realty Group

Real Estate Agents in Atlanta, GA

678-743-1586

nrgmovesyou.com

This article is general information, not legal, financial or construction advice. Your contract and warranty control, so talk with a Georgia real estate attorney who represents you, your lender and your inspector about your own purchase.