The straight answers
This page answers the questions buyers ask before signing a new construction contract in Palm Beach County: how the pre-construction process works, where your deposit sits, how long builds take, what the warranty covers, and how closing differs from resale. Florida law protects buyers in specific ways, and the statutes are cited here with their dates.
The projects themselves, from West Palm Beach towers to Boca Raton and Delray townhomes, are profiled in this site's New Construction directory with status and reported pricing tied to dated public sources. Current pricing at any project is always one conversation away.
41 questions, answered.
What is the difference between new construction and resale?
New construction offers modern systems, builder warranties, and your choice of finishes, while resale offers an established neighborhood, mature landscaping, and a price history you can verify. New builds can take months or years to complete and carry construction risk; resale closes in weeks. In Palm Beach County both markets are strong, and the right answer depends on your timeline and tolerance for process.
What is pre-construction?
Pre-construction is buying a home before it is built, typically during the design, sales, or early construction phase, in exchange for the earliest pricing and pick of units. You sign a contract, place a deposit, and close when the home is complete, often a year or more later. The trade-off is a locked price against a waiting period and construction risk.
What are the steps to buy a new construction home?
The steps run: choose the project and floor plan, get pre-approved, negotiate price and incentives, sign the contract and place the deposit in escrow, select upgrades, monitor construction, complete the final walkthrough and punch list, and close when the certificate of occupancy is issued. A buyer's agent who knows the process protects you at every step, and Kelby has guided buyers through all of it.
How much is the deposit and where does it go?
Deposits vary by project, and for condominiums Florida law requires that pre-construction payments be placed in escrow with a licensed escrow agent until the building is substantially complete. Payments up to 10 percent of the price follow standard escrow rules, and anything above 10 percent must be held in a separate special escrow account with specific release conditions. Always confirm the escrow terms in writing before you sign.
Source: Florida Statutes, Section 718.202 (condo deposits), verified October 2026
What happens if I back out of a new construction contract?
The contract sets the penalty, usually forfeiture of your deposit or a portion of it, and some builders also reserve the right to pursue the difference if they resell for less. Florida's escrow law governs when deposits must be returned, such as when a buyer properly terminates the contract. Have the cancellation terms reviewed before you sign, not when you are trying to exit.
Source: Florida Statutes, Section 718.202 (condo deposits), verified October 2026
How long does it take to build a home in Florida?
Timelines vary widely by product: single-family builds commonly run 8 to 18 months, condo towers several years, and townhome phases anywhere in between. Builders publish target completion dates, and delays from permits, materials, and weather are common. For current projects on this site, each profile lists the reported delivery status with its dated source. Contact for current information on any project's current target date.
What is a construction timeline and why do dates slip?
The timeline is the builder's schedule from groundbreaking to certificate of occupancy, and it slips for reasons that range from permits and inspections to material delivery and labor. A realistic contract has a delivery window rather than a promise date, and a good agent tracks the milestones. Plan your own life around a range, not a day.
How do upgrades and options work?
Most builders run a design center where you choose finishes, fixtures, and structural options, and each selection adds to the base price. Structural changes made early are cheaper than changes after framing. Set a budget before you walk in, because the design center is where new construction budgets quietly double.
What is a builder incentive?
Builders offer incentives to move inventory, commonly closing cost credits, rate buydowns, upgraded finishes, or HOA fee credits. They are rarely free money: builders price incentives into the margin, so compare the effective price with and without them. In a slower market, incentives grow; in a hot one, they shrink.
What is the 1-2-10 warranty?
The 1-2-10 warranty is the standard new home warranty structure: 1 year on workmanship and materials, 2 years on major systems like electrical, plumbing, and HVAC, and 10 years on major structural defects. Florida law separately requires every builder of a new home to provide at least a one-year transferable warranty against defects that violate the Florida Building Code. Ask for the warranty document in writing and read the exclusions.
Source: Florida Statutes, Section 553.837 (builder warranty), verified October 2026
What does the builder warranty actually cover?
Warranties cover workmanship and materials for the first year, systems for the first two years, and major structural defects for ten, but the exclusions matter: normal wear, cosmetic settling, and items you damaged are not covered. Claims require written notice within the coverage window, and the process is usually a repair, not a refund. A pre-closing inspection and a punch list catch most issues while you still have leverage.
What is a structural integrity reserve study for new condos?
Florida law requires condo associations for buildings three or more stories to complete a structural integrity reserve study at least every ten years, covering the roof, structure, plumbing, electrical, waterproofing, and other major components. The budget must follow the study's funding recommendations, and members can no longer vote to underfund those reserves. For a buyer, a current study is a sign of a healthy building.
Source: Florida Statutes, Chapter 718, verified October 2026
What are milestone inspections for condos?
Florida law requires milestone inspections for condominium and cooperative buildings three or more habitable stories, due when the building reaches 30 years old and every 10 years after, or at 25 years within three miles of the coastline. The inspection evaluates the structural condition and can trigger required repairs. Confirm the building's inspection status before you buy in any tower.
Source: Florida Statutes, Section 553.899 (milestone inspections), verified October 2026
Do I need a buyer's agent for new construction?
Yes. The builder's sales team represents the builder, not you, and without your own agent you negotiate price, incentives, and contract terms alone. In most transactions the builder pays your agent's commission out of their marketing budget, so representation is usually free to you. Register your agent on the first visit, before you sign anything, or the builder may not recognize them.
When should I get a lawyer for a new construction contract?
Before you sign. Builder contracts are written to protect builders, and the deposit terms, delivery dates, and cancellation clauses deserve a real estate attorney's review. The cost of a review is trivial compared to a forfeited deposit. Kelby can refer you to attorneys who specialize in new construction contracts.
What is an appraisal on new construction?
The lender appraises the completed value using comparable sales, which can be a challenge in pre-construction because the comparison sales are resale homes, often at lower prices. If the appraisal comes in below the contract price, you may need a bigger down payment or a price renegotiation. Buyers who stretch on price in a new development sometimes get squeezed here.
Can I negotiate the price of new construction?
Sometimes. Builders are more flexible on incentives and upgrades than on list price, and the flexibility grows with the size of the inventory and the phase of the project. In the current market, rate buydowns and closing cost credits are common negotiating points. Kelby negotiates the whole package, price, incentives, and contract terms together.
What happens at closing for new construction?
New construction closing runs through the final walkthrough, the punch list, the certificate of occupancy, and the deed and mortgage documents, just like resale, but the builder adds their own closing requirements. The warranty start date, HOA setup, and title transfer are all handled at the table. Your agent tracks the builder's checklist so closing day is a formality, not a negotiation.
What is a punch list?
A punch list is the written list of unfinished or defective items, cosmetic and functional, that the builder must complete after your walkthrough and before or shortly after closing. Walk the home with your agent and a checklist, photograph everything, and get completion dates in writing. The punch list is your last chance to hold the builder accountable before the warranty clock starts.
What should I check at the final walkthrough?
Check everything the warranty will not cover later: paint, trim, tile, appliances, cabinetry, windows, doors, and all the systems working. Run water, test AC and heat, open and close every window and door, and look for cracks and gaps. Bring an inspector if the builder allows it, and put every issue on the punch list in writing.
What is a certificate of occupancy?
A certificate of occupancy is the government document confirming the building meets code and is safe to occupy, and it is required before you can legally move in and close on most new homes. The builder schedules the inspection and the closing follows the certificate. Do not schedule movers until the CO exists.
Are property taxes lower on new construction?
Not necessarily. New construction is assessed at its full market value from day one, while older homes may carry lower assessed values from years of homestead caps. The tax bill on a new home reflects the new price and can be a surprise if you budgeted from the prior owner's bill. Ask your agent or the county Property Appraiser for the new assessment estimate before you close.
What are the HOA fees on new communities?
HOA fees on new communities vary widely by product and amenity package, from modest maintenance fees on townhomes to substantial dues in country club and tower communities. The developer sets initial dues, which can increase after turnover to the residents. Read the budget, the reserve study, and the projected dues before you sign.
What are the risks of buying pre-construction?
The risks are timeline delays, design changes, a market that moves against your locked price, and, in the worst case, a builder in financial trouble. Florida's escrow law protects condo deposits, but a developer's failure can still mean long delays and legal fights. Mitigate with a strong contract, an attorney, and a builder with a track record.
What are the benefits of buying pre-construction?
Pre-construction buyers get the earliest pricing, the best unit selection, and time to build equity while construction happens, and in rising markets the locked price can beat resale values by completion. You also customize the home to your taste from the start. The trade-offs are the wait, the risk, and the process described on this page.
What happens if the builder goes bankrupt?
Construction stops, closings pause, and deposits and progress payments become part of a complex legal process with lenders and creditors ahead of buyers in many cases. Florida's escrow requirements protect a portion of condo deposits, but a developer failure is still a serious event that needs a real estate attorney. Buy from established builders and understand the escrow terms before you sign.
What is a condo-hotel and should I consider one?
A condo-hotel is a condominium operated with hotel services, where owners can rent their units through the hotel program when not using them. The rental income potential is real, but so are the operator fees, occupancy rules, and financing limits. The Investing topic on this site covers the math, and the Luxury topic covers the ownership experience.
What new construction is available in Palm Beach County right now?
The pipeline runs from West Palm Beach waterfront towers like ALBA and Banyan Tree Residences to Boca Raton's Mr. C and Glass House, Delray townhomes, Boynton Beach 55-plus communities, and Gardens and Jupiter master plans. Every project on this site is profiled in the New Construction directory with status and reported pricing tied to dated sources.
How do I finance a new construction purchase?
You finance with a traditional mortgage that closes when the home is complete, and the builder may offer preferred lender incentives like rate buydowns or closing cost credits. The key is timing: your pre-approval must survive the construction wait, so your lender re-verifies income and credit before closing. A rate lock strategy matters when the build runs long.
Can I use a VA loan for new construction?
Yes, VA loans work for new homes, including many builder programs, with zero down and no PMI for eligible veterans. The builder's preferred lender arrangements may not include VA, and appraisal requirements for new construction are specific. Confirm VA eligibility with your lender early, and the Military and Veterans page covers the full benefit.
What is an assignment and can I sell my pre-construction contract?
An assignment transfers your purchase contract to another buyer before closing, often at a profit or loss, but only if the developer allows it and the contract permits it. Developers frequently restrict or charge for assignments, and the tax treatment of assignment profits is not the same as a home sale. Review the contract and talk to a CPA before you pursue one.
What is a to-be-built contract?
A to-be-built contract is an agreement to buy a home that does not exist yet, usually with the plans, price, and delivery window attached. It is the standard single-family new construction contract, and Florida law and the contract itself govern deposits, changes, and defaults. Your attorney should review it before you sign.
How do I choose a lot in a new community?
Choose by orientation, privacy, views, flood risk, and how the finished home will sit on it, not just the price premium. Premium lots cost more upfront but often resell faster, while interior lots save money now. Walk the actual site, check the drainage, and ask which direction the home will face for light and hurricane exposure.
What is the difference between a townhome, condo, and single-family in new construction?
A single-family home gives you the land and no shared walls; a townhome shares walls and a roof but you usually own the land under it; a condo owns only the interior airspace with the association owning the building. Each shifts maintenance, insurance, and HOA costs differently. Your budget and lifestyle should drive the choice, not just the price.
What are impact fees and who pays them?
Impact fees are one-time charges levied by counties and cities on new development to fund roads, parks, schools, and utilities, and they are typically paid by the builder and baked into the price, or passed through in the contract. They vary by jurisdiction and property type across Palm Beach County. Ask the builder for the impact fee line in your contract, or confirm the current fees with the county or city.
What is the Florida Building Code and why does it matter?
The Florida Building Code is the state's set of construction standards, including the wind-load requirements that shape roofs, windows, and structural connections in hurricane country. New homes built to the current code are generally stronger in wind events than older homes, which can also mean better insurance pricing. Confirm the year and edition of the code your home is being built under.
Are new builds more hurricane-resistant?
Homes built to the current Florida Building Code include impact-rated or protected openings, stronger roof-to-wall connections, and wind-rated systems that older homes often lack. That engineering usually translates into lower wind insurance premiums. A wind mitigation inspection on your completed home documents the features for your insurer.
What should snowbirds know about buying new construction?
Snowbirds should plan for the delivery timeline, the occupancy requirements of their loan and insurance policy, and the months the home sits vacant before they arrive. A punch list is harder to manage from another state, so a buyer's agent who checks the property during construction is valuable. Florida's warranty process also requires timely written claims, which is easier with local eyes.
What is a builder's rate buydown?
A builder rate buydown is an incentive where the builder pays points to lower your mortgage rate for the first years of the loan, often a 3-2-1 or 2-1 structure. It can slash the early payments and is a common negotiation chip in today's market. Compare it against a closing cost credit or a lower price, because builders value all three differently.
How does a new construction closing differ from resale?
New construction closing adds the certificate of occupancy, the punch list, the warranty start date, and the builder's own closing paperwork, and the closing date depends on construction rather than a contract day count. The title work and deed are the same, and Florida's remote online notarization rules apply the same way. Expect a longer, more scheduled closing process, and plan for it.
Where can I see current projects and pricing?
The New Construction directory on this site profiles every project with its status, type, and reported pricing tied to dated public sources, and each profile links to its own request-pricing form. No published price is guaranteed current, and availability for any project is confirmed directly with Kelby. That is the only number that matters at the table.
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