Every Texas builder loves to say it:
“Don’t worry — it’s covered by our builder’s warranty!”
That line sounds reassuring, right up until you realize you won’t actually see that warranty until you’re sitting at the closing table, exhausted, buried in signatures, and five minutes from funding.
And no, that delay isn’t an oversight. It’s strategy.
Think About It Like Buying a Car — a $450,000 Car
Imagine walking into a showroom and buying a 2025 Bentley Continental GT, a Rolls-Royce Ghost, or maybe a Ferrari Roma — all stickered in the same ballpark as a typical new home in Collin County.
You hand over nearly half a million dollars.
Then the salesman smiles and says:
“Oh, the warranty? We’ll get that to you after you drive off the lot.”
Would you go along with that?
Not a chance. You’d demand to see every line of coverage before the ink hit the check.
But in Texas, people do exactly that every day — just with houses instead of Bentleys. And somehow, we call that “normal.”
The Game They’re Playing
Builders don’t hold back the warranty because they’re unorganized. They do it because it’s good business — for them.
- Keep You in the Dark Until It’s Too Late
The average “limited warranty” you’ll get is a masterpiece of legal containment. If you saw it early, you’d start asking:
- “Why isn’t foundation movement covered in North Texas?”
- “Why do I have to arbitrate in another state?”
- “Why does ‘lifetime’ coverage expire in six years?”
They can’t afford those questions before you close, so they don’t hand you the document until you’ve signed away every ounce of leverage.
- It’s Not a Warranty — It’s a Liability Filter
That 20-page “Builder’s Limited Warranty” is not consumer protection. It’s a liability shield dressed up in friendly language.
You’ll find phrases like:
- “At Builder’s sole discretion.”
- “All implied warranties disclaimed.”
- “Mandatory binding arbitration.”
- “Cosmetic conditions excluded.”
It’s the real-estate version of buying a Ferrari Roma and discovering the warranty doesn’t cover the engine, transmission, or anything that actually moves — but you’re welcome to bring it back for free air-fresheners.
- Avoid Negotiation at All Costs
If you saw that document before closing, you might want to read it — or worse, have someone like me or your attorney read it.
That’s the builder’s nightmare.
They’re not about to let contract transparency slow down a commission check.
- Because They Can
Texas law doesn’t require them to hand it over beforehand. There’s no statute saying you get time to review it.
And since buyers don’t push back, builders keep doing it.
You’d never spend $480,000 on a Rolls-Royce Ghost without reading the warranty first. Yet Texans routinely spend the same amount on a new house without seeing the one document that governs their only protection when things go wrong.
The Excuses You’ll Hear
Ask for the warranty early, and you’ll hear:
“It starts at closing.”
“The warranty company mails it after registration.”
“We’ll provide it once the home funds.”
Translation: You’ll get it once you can’t back out.
Why It Matters
That warranty defines:
- What the builder is actually obligated to fix;
- How long you have to report defects;
- Whether you can use your own contractor; and
- Whether you’re stuck in mandatory arbitration instead of court.
It’s the rulebook for everything that can go wrong — and you’re handed it at the one moment you can’t change it.
What You Can Do About It
- Ask for It Early — Like You Would a Bentley Warranty
If you wouldn’t buy a Bentley or Ferrari without reading the warranty, don’t buy a house that way.
Demand the full written warranty — not a glossy “sample,” not a two-page summary, the actual legal document.
If they won’t provide it, that’s your red flag.
- Read It Like It’s a Contract — Because It Is
Watch for:
- Arbitration requirements;
- Short reporting deadlines;
- Exclusions for grading, drainage, or “acts of soil”; and
- Any clause that gives the builder “sole discretion.”
That isn’t peace of mind — it’s a carefully drafted escape hatch.
- Make It a Condition of Closing
Add this to your sales contract:
“Builder shall deliver a complete copy of the written warranty at least seven (7) days before closing.”
If they refuse, ask why. The answer tells you everything you need to know about their confidence in their own product.
- Inspect Before You Fund
Almost every builder warranty excludes pre-existing conditions. That means if it’s wrong at closing, it’s your problem forever.
Hire an ICC-certified inspector before closing. Document everything — framing, finish, grading, drainage, the whole package.
It’s the equivalent of photographing your new Ferrari from every angle before leaving the dealership — just in case someone later claims you scratched it on the way home.
- Keep Every Record
Emails, texts, photos, inspection reports — all of it.
When the builder ghosts you six months later, that paper trail becomes your warranty.
Bottom Line
Texas builders don’t delay handing out the warranty because they forgot — they delay it because it protects them, not you.
It’s not negligence; it’s choreography.
You’d never buy a $450,000 Bentley without reading the warranty first.
So why would you buy a $450,000 house that way?
Demand it early. Read it closely. Don’t mistake “limited warranty” for “peace of mind.”
Because in this business, the only thing truly limited is the builder’s accountability.
Buying or building a home in Texas has never been more expensive. Families in Dallas–Fort Worth, Houston, and Austin are facing some of the fastest-rising housing costs in the nation. When every dollar counts, it surprises many people to learn that the International Residential Code (IRC) — the book of rules that governs how houses are built — actually lists “affordability” as one of its core purposes.
If the code itself says housing must be affordable, then why aren’t today’s houses affordable? Let’s unpack what that really means — and why it matters for Texans navigating the housing market.
The IRC: The Rulebook for Home Construction
The IRC is the baseline standard for nearly all new single-family homes and townhomes in Texas. Cities and counties adopt it (usually with local amendments), and inspectors use it to ensure builders meet minimum safety and performance requirements.
Section R101.3 of the IRC states:
“The purpose of this code is to establish minimum requirements to safeguard the public safety, health and general welfare through affordability, structural strength, means of egress facilities, stability, sanitation, light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment, and to provide safety to fire fighters and emergency responders during emergency operations.”
Notice the very first word: affordability.
How “Affordability” Got into the Code
Before 2015, affordability wasn’t mentioned at all. The code’s intent was focused entirely on health and safety. That changed when the National Association of Home Builders (NAHB) successfully lobbied to insert the term during the 2012–2015 code hearings.
The argument was simple: new code provisions, especially in areas like energy efficiency and structural resilience, were driving up construction costs. To protect consumers, affordability needed to be explicitly recognized.
But there’s a catch. While the word was added, no definitions, measurements, or enforcement tools came with it. In other words, “affordability” was written in for political reasons, not technical ones.
Does Affordability Really Come First?
By listing affordability ahead of structural safety, fire safety, and sanitation, the code appears to suggest it’s the top priority. But that’s not how it plays out in real life.
- Inspectors don’t measure affordability. There’s no formula or checklist that allows me to say, “This home is affordable; therefore, it passes.”
- Life safety cannot be bargained away. Builders cannot justify leaving out fire blocking, cutting corners on wiring, or weakening foundations simply because it would cost less.
- Courts treat safety as paramount. When building disputes reach litigation, judges consistently hold that health, habitability, and good workmanship override cost every time.
So while affordability sits first in the sentence, it does not legally outrank safety.
Why Houses Still Aren’t Affordable
If affordability is in the code, why are homes across Texas anything but affordable? The truth is that building codes are not the main driver of cost.
The biggest contributors are:
- Land prices – the cost of lots has surged, especially in metro areas.
- Labor shortages – fewer skilled tradespeople mean higher wages and longer build times.
- Material supply chains – lumber, steel, and concrete costs fluctuate wildly.
- Builder profits and marketing – many “standard” homes are packed with upgrades that inflate prices.
By contrast, code updates add relatively little. Studies by HUD and the ICC have found that most new safety or energy provisions increase the cost of a home by 1–2% at most. Land and financing can swing prices by 20–40%.
What This Means for Texas Homeowners
The inclusion of affordability in the IRC has a few practical consequences:
- Builders use it as a talking point. They may claim stricter inspections or upgraded code requirements hurt affordability.
- Homeowners should be skeptical. The word “affordability” in the code is not a free pass for shortcuts. It doesn’t excuse unsafe or substandard construction.
- Minimum code is just that — minimum. Even with affordability written in, the IRC sets only the lowest bar for acceptable construction. Many builders barely meet it.
For buyers, this means a new home isn’t guaranteed to be affordable, and more importantly, it isn’t guaranteed to be well-built just because it passed inspection.
The Texas Legal Angle
In Texas, affordability cannot erase fundamental homeowner protections. Courts have long held that every home carries implied warranties of habitability and good workmanship.
- Humber v. Morton (Tex. 1968) established that new homes must be habitable.
- Melody Home Mfg. v. Barnes (Tex. 1987) reinforced the warranty of good workmanship.
Neither of these can be waived because of affordability. A builder can’t argue, “We skipped that because it was too expensive.”
The Inspector’s Perspective
As an ICC-certified Residential Combination Inspector and TREC-licensed inspector, I’ve seen thousands of homes across North Texas. My conclusion is simple: affordability in the IRC is symbolic, not practical.
Homes today are not affordable in the true sense, and the presence of that word in the code hasn’t changed the reality for buyers. If anything, it has given builders a convenient slogan when fighting against stronger safety or energy requirements.
That’s why independent inspection is critical. The code sets a floor, but it does not ensure value, quality, or affordability. Only a thorough, unbiased inspection can protect your investment.
Takeaway for Homebuyers and Owners
- Don’t be fooled by the word “affordability” in the building code. It doesn’t mean your house will be affordable.
- The real purpose of the IRC is — and always has been — safety and habitability.
- Housing costs in Texas are driven by market forces, not the inspector who insists a foundation be properly reinforced or that wiring meet the National Electrical Code.
Bottom line: Affordability may be written into the code, but it doesn’t protect your wallet. What protects you is making sure your home is safe, durable, and code-compliant. That’s why hiring an independent inspector is one of the most affordable decisions you
