Kane County New-Construction Home Attorney

That does not mean a buyer should skip legal review. It means the review has to happen against the builder form, not against an 8.0 checklist. If the form has an attorney-review clause, we use it. If it does not, or if the window is very short, the practical time to negotiate is often before the buyer signs, not after. Our article on the attorney review period describes the five-Business-Day 8.0 default; a builder form may not follow that default.

Deposits on new construction are frequently paid to the builder or the builder’s affiliate, not to a listing-broker escrowee under Multi-Board 8.0. The contract should say who holds the money, whether it is applied to the price, and under what conditions it is refundable. Those rules can be stricter than a resale earnest-money paragraph. Our earnest-money guide explains the 8.0 resale framework; we compare the builder’s language to that framework so the buyer can see the difference.

Completion dates, punch lists, and walkthroughs

Builder contracts usually describe substantial completion, a closing date that can be extended, and a walkthrough or punch list for incomplete or defective work. The important questions are what counts as complete enough to close, what items the builder must finish after closing, and what happens if the house is not ready. We ask for those points to be in writing. We do not treat a marketing completion date as a guaranteed closing date.

Independent inspections are still useful on a new house, including for grading, drainage, and systems, if the contract allows them. Some builder forms limit inspections or the buyer’s right to delay closing because of punch-list items. That limit should be understood before the deposit is paid.

Disclosures and warranties on a never-occupied home

The Illinois Residential Real Property Disclosure Act exempts a transfer of newly constructed residential real property that has never been occupied (765 ILCS 77/15(9)). That exemption does not apply to a rehabilitation or renovation of an existing home merely because the house is vacant after the work. Even when the Act does not require the standard seller-disclosure report, the buyer should still review the builder’s warranty, any manufacturer warranties, and association documents if the home is in a new condominium, townhome, or master-planned community. Our condo and townhome §22.1 disclosures page covers association packages on resales; a first sale from a developer can use a different statutory path, and we read the declaration and the contract together.

Fox Valley new construction often sits west of Randall Road, in and around Elgin, South Elgin, St. Charles, Geneva, Batavia, North Aurora, and Aurora, and in nearby Kane County subdivisions. Recording, transfer taxes, and municipal utility rules still follow the PIN and the municipality, as described on our closing costs and transfer taxes page and the town pages. A builder contract does not replace those local steps.

First-time buyers who are comparing a new build with a resale can start with our first-time and Fox Valley home buyer attorney page, then come back to this page for builder-form issues. We do not duplicate that first-time-buyer guide here.

Attorney Fees for Residential Representation

For typical residential seller representation when we also act as title agent, there is no separate seller attorney fee; we are compensated from title fees for title-agent services actually performed, and sellers still pay title premiums and other closing costs. If title is not handled through our agency, a separate seller attorney fee applies. For typical residential buyer representation, we charge a flat $400 legal fee paid at closing.

Related Pages

Compare a new-build review with the attorney review period, the earnest-money guide, closing costs and transfer taxes, and the Kane County residential real estate hub. Town checklists remain on the St. Charles real estate attorney, Geneva real estate attorney, Aurora real estate attorney, and Elgin real estate attorney pages.

Attorney Advertising. This page is general information only and is not legal advice. Reading it does not create an attorney-client relationship. Every transaction is different, contract forms and local rules change, and prior results do not guarantee a similar outcome. Contact an attorney about your specific situation.