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Buying New? Don't Dive in Alone.
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Plus, he said: "The consumer has the right to vote with their feet. They're certainly welcome to shop elsewhere. Nothing compels them to buy without representation."
He said: "We don't discourage you from bringing an agent, but you can certainly still get a fair deal if you don't. It's purely up to the customer."
James C. "Beau" Brincefield Jr., an Alexandria real estate lawyer, said it can't hurt a prospective buyer to hire a lawyer to scrutinize the builder's contract.
"Every builder contract in the Washington metro area that I have seen is very one-sided," he said. "The builders' contracts take away from the purchaser every right and remedy the homeowner would want to have."
If a salesperson makes a promise, like a flower garden or a completion date for the home, he said, get it in writing.
"If it's not in writing, it's not enforceable," he said.
When it comes to deposits, Brincefield said, whenever possible, put them in an escrow account outside the builder's control in case the company runs into financial difficulties. Troubled builders have been known to use the deposits without delivering the home.
It might sound self-serving, but Brincefield, like many other real estate lawyers, insists, "When you sign a builder's contract, you're taking a much bigger risk than you realize unless you've had a knowledgeable real estate attorney review the contract with you."
He said, "I've been in the practice of real estate law for over 40 years, and I never had anyone come to my office and say, 'I'm so glad I didn't have an attorney when I bought a house.' "
Debbie Wicker, a real estate agent with Re/Max Allegiance in Ashburn, said customers in this down market shouldn't be afraid to negotiate for more extras and a better price.
"Builders are hungry right now," she said. "They're doing everything they can to play 'let's make a deal.' " She added that some of the best deals are on "spec homes," or those built speculatively, without a buyer lined up in advance.
"Spec homes are really ready to go, and builders are really motivated to get them off their hands," she said.
