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Builder Deposit Question

Posted on 3/8/21 at 7:26 am
Posted by Hou_Lawyer
Houston, TX
Member since Jun 2019
1870 posts
Posted on 3/8/21 at 7:26 am
I’m wanting new construction in Houston. Found a type of home I like for around 750k. I’m trying to time this where I can sell mine and move into the new one with no intermediate period.

Builder wants $3k in earnest money, 4% of base price and all upgrades paid upfront - which are all credited back at closing. I don’t want to give them close to $50k down. Agent claimed the 4% figure was bc of their bank.

Is this bs? I talked to my broker and he said he’s done numerous new build loans in this range for 1-2% earnest with upgrades paid upfront.

If they tell me they won’t budge then I’ll move on. Just didn’t know what was standard for these type of deals.
Posted by bamaswallows
Baton Rouge
Member since Dec 2007
1177 posts
Posted on 3/8/21 at 7:38 am to
4% seems aribtrary - but $30k on a $750k home is really not crazy. Now, maybe (potentially) builders is using your deposit as HIS equity for the bank loan? How long has he been in business? Good reputation? It comes down to a good contract and some trust.

Builders can build their normal plans / spec homes and be confident they will sell it if you walk away. But, you start adding upgrades that may not be typical for the market, and builder ends up with a home with neon green painted rooms and black toilets and then you walk away - that's an issue for the builder to try to sell it to someone else. Hence, the upgrades upfront is very standard.

Instead of letting him finance it, you could finance it yourself - interest only during construction and then convert to permanent. Obviously, your income level would have to support the new construction loan and your existing home loan.
Posted by Im4datigers
Northern Virginia
Member since Oct 2003
4465 posts
Posted on 3/8/21 at 7:41 am to
All depends on the size of the builder and how many homes they are building a year etc etc. Also, is this house in a subdivision or just a one off lot somewhere.

If it's a smaller builder then there's some negotiating room. If it's a large regional or national builder, they aren't going to budge especially in this market.
Posted by nolaks
Member since Dec 2013
1135 posts
Posted on 3/8/21 at 9:04 am to
the terms are close to what my builder wanted
Posted by HYDRebs
Houston
Member since Sep 2014
1241 posts
Posted on 3/8/21 at 9:14 am to
Builder's in Houston pretty much have the ability to do that right now with how few houses that are available. I've got several in that $600k-$700k typically most ave the 1% down and upgrades paid up front at the moment. 4% of base price on top though seems a little high.
Posted by TigerDeBaiter
Member since Dec 2010
10266 posts
Posted on 3/8/21 at 9:15 am to
No respectable builder is going to let an individual finance the project.
Posted by Hou_Lawyer
Houston, TX
Member since Jun 2019
1870 posts
Posted on 3/8/21 at 9:49 am to
In business since 2004.

They’re not a national brand. They have about 15-20 homes going up at the moment. All inside the loop or Oak Forest.

Good rep as far as I know. I just thought 4% is too high.
Posted by geauxbears08
Houston, TX
Member since Jun 2011
223 posts
Posted on 3/8/21 at 11:03 am to
My parents just started construction last week on a home in Houston at about 350k. All 3 builders we were negotiating with asked for 10% earnest money upfront. We later talked one down to 5%. Of course your home is more than twice the cost so I can understand your predicament.
Posted by rocket31
Member since Jan 2008
41819 posts
Posted on 3/8/21 at 11:07 am to
i don't want to make another thread but if you already own the lot can you potentially use that as collateral when negotiating with builders?
This post was edited on 3/8/21 at 11:08 am
Posted by MaxDraft
Baton Rouge
Member since Aug 2019
558 posts
Posted on 3/8/21 at 11:49 am to
I've built 2 custom homes in the Baton Rouge market. First was sales price of $360k. Custom home builder require $5k deposit. 2nd was sales price of $540k...same builder, but they requested a $25k deposit.

I felt very comfortable with them from prior experience and they've been building homes in the area for 40 years. I didn't hesitate when they asked for the money, but I'm also confident they would have accepted a lower amount, too.

In my opinion, why does it matter? If you're going to buy the house, and at that price point, why would you balk at their request? Seems very reasonable to me. You either pay it now, or you pay it later. They don't want to get stuck with a custom house and random upgrades any more than you want a builder who folds and takes your money.
Posted by Hou_Lawyer
Houston, TX
Member since Jun 2019
1870 posts
Posted on 3/8/21 at 12:13 pm to
I’d like to use the equity from the home sale. I don’t want to pull that kind of cash out of investments if I don’t need to.

The contract states the deposit and earnest is non refundable anyway. If I’m putting 25-30k down then I’m not going to run. It seems they’re wanting the homebuyers to fund further projects w/ that % down. But maybe that’s standard. Hence the question.
Posted by MaxDraft
Baton Rouge
Member since Aug 2019
558 posts
Posted on 3/8/21 at 5:54 pm to
I think it's pretty much par for the course over in Baton Rouge at least. A friend just built a $650k custom. He put like $30k down with the builder and made additional payments (what they called "draws") during the build. Now, he was a shoddy builder though...to be honest.
Posted by skidry
Member since Jul 2009
3265 posts
Posted on 3/9/21 at 7:19 am to
If you decide to move forward I would go to his office and nail down every detail and allowance. You don’t want him downgrading your fixtures, flooring, etc after you pay and sign. Then he has you over a barrel if you want to upgrade.
Posted by greygoose
Member since Aug 2013
11458 posts
Posted on 3/9/21 at 9:11 am to
quote:

4% seems aribtrary - but $30k on a $750k home is really not crazy. Now, maybe (potentially) builders is using your deposit as HIS equity for the bank loan? How long has he been in business? Good reputation? It comes down to a good contract and some trust.
My ex-wife was a paralender in construction loans. I can tell you some horror stories concerning people who didn't do due diligence when picking a builder. I wouldn't give a dime to a builder before doing A LOT of homework on him first.
Posted by indytiger
baton rouge/indy
Member since Oct 2004
9834 posts
Posted on 3/9/21 at 12:09 pm to
quote:

I can tell you some horror stories concerning people who didn't do due diligence when picking a builder.


Go on...
Posted by Hou_Lawyer
Houston, TX
Member since Jun 2019
1870 posts
Posted on 3/9/21 at 9:28 pm to
Update - builder caved. I wrote the counter for a sum a little more than 1/2 of their offer and said to take it or leave it. Also asked for more in upgrades.

They agreed.
Posted by HYDRebs
Houston
Member since Sep 2014
1241 posts
Posted on 3/9/21 at 9:40 pm to
If you want a quote from a local lender to compete with the interest rate you’re getting on the build shoot me an email at my username at gmail and I’ll let you know where we are at currently.
Good job on the negotiation many people don’t negotiate enough with builders when hashing out the contract
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