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Why Texas Builders Wait Until the Last Minute to Hand Over the Warranty (and What You Can Do About It)

Oct 14, 25 • News

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.

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.