Inspections and the builder's warranty: what protects you before you sign

Do I need a separate inspection on a new build?

Yes. The builder's own quality checks are not a substitute for a third-party inspector who works for you. The builder has a strong interest in signing off the home, and its internal walkthroughs follow its own standards, so an inspector you hire gives you an independent read at the moments when findings are cheapest to fix. The two inspections you cannot redo are pre-pour, before the slab hides the footings, rebar, vapor barrier, and under-slab plumbing, and pre-drywall, after framing and rough-in but before the walls close, the stage industry guides describe as the single most valuable inspection of a new build. The final walkthrough is the third look, against the finish list in the contract. Chapter 23 walks each stage and what to look for in it; for an out-of-state buyer, pre-drywall is the stage worth a flight for.

Does Texas law require a builder warranty?

Not anymore. Texas once ran a mandatory limited statutory warranty plan, roughly 1 year on workmanship and materials, 2 years on the plumbing, electrical, and heating and air conditioning delivery systems, and 10 years on major structural components, under the Texas Residential Construction Commission Act. The commission was abolished in 2009, and with it the statutory warranty plan stopped applying to new contracts. Since then, Texas has no state-mandated minimum warranty for a new home: the warranty you get is written by the builder, in the builder's contract, and its terms are a negotiation point, not a floor set by law. That part is settled; what follows is how the current law shapes what builders actually put in writing.

The 2023 change: HB 2024 and the six-year repose

The most recent shift came from House Bill 2024, effective June 9, 2023, which amended Section 16.009 of the Texas Civil Practice and Remedies Code, the statute of repose for residential construction claims. The old rule let a homeowner bring a claim over a construction defect for up to 10 years after substantial completion. HB 2024 shortens that window to 6 years for new detached single-family homes and townhomes up to three stories, but only when the builder gives the buyer a written warranty with at least these minimum terms: 1 year on workmanship and materials, 2 years on the plumbing, electrical, and heating and air conditioning delivery systems, and 6 years on major structural components. A builder who does not provide that qualifying written warranty stays under the old 10-year repose. In practice, that is why the industry warranty you will be asked to sign has shifted from the old 1-2-10 to a 1-2-6 structure: the law rewards the builder who gives the shorter written warranty with a shorter claim window. Read which structure your builder uses, and keep the written warranty document, because it sets both what is covered and how long you have to make a claim.

What the typical builder warranty actually covers

Whatever the warranty is, it is a limited express warranty with exclusions, and the exclusions are where surprises live. Read the document for what is not covered: site preparation and soils issues, grading and drainage, landscaping and hardscaping, and work by any contractor the builder did not hire. Cosmetic items like nail pops, drywall cracks, and settling cracks are usually handled through a first-year service call list rather than the structural warranty. Confirm the process in writing: who to notify, the deadline for reporting, whether claims require a written notice and a window for the builder to cure, and whether the warranty is transferable if you sell. On a new build the mechanicals and the roof start with zero prior owners, the best possible position, but a warranty is only as good as the paperwork and the builder's willingness to honor it, which is why builder reputation is part of the due diligence in chapter 2.

How defect claims actually work: Chapter 27 and the cure process

When something does go wrong after closing, construction-defect disputes in Texas run through the Residential Construction Liability Act, Texas Property Code Chapter 27. It does not set warranty durations; it governs how a claim is made. Before a homeowner can sue over a construction defect, the homeowner generally must give the builder written notice describing the defect and allow the builder a reasonable opportunity to inspect and repair it. That cure process is why the first move on a warranty issue is a written, dated notice, not a call or an email. For an out-of-state buyer the practical consequence is record-keeping: keep the warranty document, the inspection reports, the finish lists, and every written exchange, because the cure process and any later claim run on written notice, not on memory.

How inspections and the warranty work together for a relocating buyer

Inspections are your before-the-fact protection; the warranty is your after-the-fact backstop, and they depend on each other. A pre-drywall finding fixed while the wall is open never becomes a warranty claim. A final-walkthrough item written into the finish list is easier to enforce than a verbal promise. And a claim filed inside the warranty's reporting windows is enforceable in a way a late one is not. When you are buying from another state, the remote protocol from chapter 2 is what makes this work: your agent photographs every phase, your third-party inspector files written reports at pre-pour and pre-drywall, and you hold everything, dated, in one place. Fly in for the pre-drywall inspection and the final walkthrough, and read the warranty before you sign the purchase agreement, not at the closing table, because the warranty structure is set by HB 2024 and the contract in chapter 5.

The final walkthrough, unresolved items, and the first warranty year

The final walkthrough is the last chance to see the home before closing, and on a new build it is a punch list meeting, not a formality. Bring your own third-party inspector's report from the pre-drywall stage and check each item against the finished house: nail pops and paint, cabinet and counter gaps, caulk and sealants, door and window operation, plumbing fixtures, and anything the inspector flagged earlier. Anything you see goes on a written list the builder agrees to address, and the agreement belongs in writing, with dates.

Unresolved items do not stop the closing in most cases; they become a written repair list with a deadline. And the first warranty year is when the house settles: drywall cracks, doors that stick, and trim gaps appear as the foundation and framing adjust to the seasons. Report anything in writing within the warranty window, because a warranty is only as good as the claims you make on it in time.

• Walk with a list, not a vibe. Reuse the pre-drywall inspection report and check every flagged item; a punch list is a document, and the builder's walkthrough sheet is theirs, so bring your own.
• Get repair commitments in writing. What is fixed, by when, and who pays if it is not? A verbal we-will-take-care-of-it does not survive a move.
• Know what closes anyway. Most unfinished items do not block closing; they become a dated repair list. Decide before the walkthrough what you must have fixed before you sign versus what you will accept in writing.
• Use the first warranty year deliberately. Cracks and sticking doors in the first seasons are normal; photograph, date, and submit each claim in writing inside the warranty window, and re-inspect after seasonal change.
• Keep the paperwork. The warranty document, the punch list, the repair confirmations, and the dates all live in one file you can reach at claim time.