Buying new construction in Virginia?

General educational information only — not legal or lending advice. Community rules, incentives, availability and contract terms are set by each builder and change frequently; confirm them directly with the builder in writing. For questions about contract language, consult a Virginia real estate attorney.

1. 1

   Two homes, one price, very different lots

   In the same townhome section you can find units priced identically where one has a full-length driveway and one has a half-width apron. A half apron means one car fits in the garage and nothing fits outside it — no second car, no guest, no delivery. That difference shows up every single day you live there, and it rarely shows up on the price sheet.

   Ask them: “Show me the driveway dimensions on this lot versus the others at this price — and where does a second car actually park?”

2. 2

   Parking is a lifestyle question, not a detail

   Ask what the community allows before you assume. Many Northern Virginia HOAs restrict overnight street parking, cap guest passes, or assign visitor spaces that fill by early evening. A home that works for one car can stop working the day someone starts driving.

   Ask them: “What are the HOA rules on street parking, guest parking and how many passes we get?”

3. 3

   What the lot backs onto, and which way it faces

   Interior versus end unit, backing onto trees versus a parking court or a future phase, morning sun versus afternoon heat on the main living space. These are permanent, they are not upgrades you can add later, and they move resale value.

   Ask them: “What is planned for the land behind and beside this home in the next phases?”

4. 4

   The builder’s lender: read the whole trade

   Builders frequently offer a larger closing-cost credit — sometimes covering most or all of it — when you finance through their affiliated lender. That can be real money. It can also come with a higher rate or fees that cost more across the years you hold the loan. The right answer is whichever nets out better for your actual timeline, which means getting a competing quote and comparing them side by side. Raoul Shah receives nothing from any lender for this, and you are never required to use one.

   Ask them: “What exactly does the incentive cover if I use your lender, and what is the rate and fee sheet versus an outside quote?”

5. 5

   Same sticker price, very different monthly cost

   Two homes can list at the same number and cost hundreds a month apart. An older townhome can carry an HOA fee two or three times that of a newer community, because ageing roofs, siding, private roads and amenities have to be funded from somewhere. A $400-500 monthly fee is a car payment — every month, for as long as you own the home — and a $300 gap between two listings is $3,600 a year. Because lenders count HOA dues in your debt-to-income, a high fee also quietly shrinks the loan you qualify for. Compare the total monthly cost, never the price alone.

   Ask them: “What are the current dues, what do they cover, when did they last rise, and is a special assessment planned?”

6. 6

   What is actually covered, and for how long

   New construction usually carries a tiered builder warranty — commonly workmanship for the first year, systems like plumbing and electrical for around two, and structural for about ten — while the HOA covers the common elements it is responsible for. An older resale typically comes with none of that. That is a real advantage of buying new, but it is not blanket protection: coverage, exclusions and the claims process vary by builder, so read what you are actually getting rather than assuming.

   Ask them: “Can I see the written warranty — what is covered in years one, two and ten, and what is excluded?”

7. 7

   Could you rent it later, if life changes?

   Plenty of Virginia HOAs cap the share of homes that can be rented, impose a waiting period after purchase, or restrict lease lengths. If keeping the home as a rental is even a possibility one day, that cap decides whether you can — and it is written down before you buy.

   Ask them: “Does the HOA limit rentals, and is the cap currently at its maximum?”

8. 8

   Where your home sits in the build schedule

   The last homes finished in a phase are often the most rushed — the crews are moving to the next community and the punch list gets squeezed. Ask where yours falls in the sequence, walk a finished home by the same crew, and treat the pre-settlement walkthrough as a real inspection rather than a formality. Bring your own inspector; new construction is not exempt from problems, it just hides them behind fresh paint.

   Ask them: “Where does this home fall in the phase, and can I walk a completed one built by the same crew?”

9. 9

   The one-year warranty is part of the purchase

   Most builders carry a warranty period, commonly a year, that covers settling cracks, drywall, trim and the finish issues that surface once you have lived in the home through a full change of seasons. Keep a running list from day one instead of trying to remember at month eleven, and know how the builder wants claims submitted before you need to submit one.

   Ask them: “How does your warranty process work, what is covered in year one, and how do I file?”

10. 10

    Research the builder yourself, not just the model

    Reputation varies by builder, by region and even by crew. Read reviews across more than one source, look for patterns rather than single angry posts, and — the step almost nobody takes — knock on a door in a phase finished a year or two ago and ask how the warranty period actually went. Residents will tell you things no sales office will.

    Ask them: “Can I speak with owners in an earlier phase about how their first year went?”

11. 11

    If it is land, can you actually build on it?

    A lot being for sale does not mean a house can go on it — and land that has sat unsold for a long time usually has a reason. In much of Virginia it comes down to whether the soil will pass a perc test for septic, and whether there is enough usable soil depth to place a drainfield at all. Then: a viable well or a public water tap, road frontage and legal access, zoning and minimum lot size, floodplain and wetlands, and any easement crossing the parcel. If the plan includes a detached shop, barn or oversized garage, that is a separate question again — accessory structures run into lot coverage limits, setbacks, height caps and HOA rules, so a claim that you could put a shop on it needs checking against the zoning ordinance rather than taken on trust. Every one is checkable before you are committed, and any one can make a cheap lot unbuildable.

    Ask them: “Has this lot passed a perc test — and can I see the results and the health department file? How long has it been on the market, and has a sale fallen through before?”

12. 12

    Find out who your agent actually works for

    In Virginia one agent, or two agents from the same brokerage, can represent both the buyer and the seller — dual or designated agency. It is legal with written consent, and plenty of transactions run that way. What changes is advocacy: an agent acting for both sides cannot push hard on price or terms for you, because they owe the other side the same duty. Ask before you write an offer, not after, and understand what you are consenting to when you sign it.

    Ask them: “Do you or your brokerage represent the seller here as well, and what does that change about representing me?”

13. 13

    Protect the deposit before you need to

    On land especially, the contract is what decides whether your earnest money comes back. A feasibility or due-diligence contingency — with enough calendar days to actually order a perc test and hear back from the county — means a failed result returns your deposit instead of costing it. Sellers are not always required to volunteer what an earlier failed test showed, so the protection has to be written into your offer rather than assumed.

    Ask them: “How many days do I get for feasibility, and does the deposit return in full if the perc or zoning does not work?”

14. 14

    The sales office will not be there next year

    Builder sales representatives are staffed to a community, not to you. When the last home in the phase closes, that team packs up and moves to the next site — which is usually right when your first-year warranty items start surfacing and you need someone who remembers the conversation. Your own agent is still reachable after the sales trailer is gone, and that is worth more at month eleven than at month one.

    Ask them: “Who handles warranty and service requests once this community is sold out, and how do I reach them?”

15. 15

    The costs that arrive after closing

    A lower purchase price or a lower HOA can hide a higher cost of ownership. On an older home, ask the age and remaining life of the roof, HVAC, water heater and windows, because those are replacements with dates on them rather than vague someday items. On septic, a tank needs pumping every few years and should be inspected and pumped before you buy — an old, neglected system is expensive and unpleasant to inherit, and alternative systems carry ongoing maintenance requirements of their own. On a well, test the water. New construction defers most of this for years; a resale may not. Neither is better — they are different bills at different times, and you should see both before choosing.

    Ask them: “How old are the roof, HVAC and water heater, and when was the septic last pumped and inspected?”

16. 16

    How this holds its value

    Nobody can promise appreciation, and anyone who does is selling something. What you can look at before signing: how many more phases the builder has left to sell beside you, what resale in the surrounding neighbourhood actually closed at, commute access, and school boundaries — which can be redrawn. Those are checkable facts, and they are what an exit depends on.

    Ask them: “How many homes are left to release in this community, and what have resales here closed at?”

Community rules, incentives, lot details and availability are set by each builder and HOA, change frequently, and must be confirmed with them in writing. Raoul Shah is not compensated by any lender for a referral, and you are never required to use a builder's affiliated lender.

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