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The Wilson Home Team of Samson Properties

Buying new construction in Maryland: why to bring your own agent

How buying a new-build home in Maryland works: registering your agent, builder contracts and lenders, inspections at each stage, and Maryland warranty law.

By Stephen Wilson, REALTOR®, Real Estate Salesperson, MD #5006976

Published · 5 min read

When you buy a new-build home in Maryland, the builder’s salesperson works for the builder. You can bring your own agent, but many builders require your agent to be registered at your first visit. After that, the big things to watch are the builder’s contract, incentives tied to the builder’s lender, your own inspections before drywall and before settlement, and the warranty Maryland law requires.

I’m a contractor as well as an agent, and new construction is where that helps most. Here’s how the process works. The general steps for buying are on our buyer page.

This is general information, not legal advice. Have a Maryland real estate attorney review any builder contract you’re unsure about.

Register your agent at the first visit

Builders usually decide at your first visit whether a buyer’s agent is involved. Many have a registration rule: if your agent isn’t with you, or hasn’t registered you, the builder treats you as unrepresented for that community.

So before you stop in at a model home on a Saturday, call us. We’ll register you, or come along. Your buyer agreement with us, and how we’re paid, works the same as on a resale, which I explain in buyer agreements in Maryland.

What your own agent does on a new build: compares the builder’s price with resale homes nearby, reads the contract with you, pushes on incentives and lot choices, tracks the build dates, and goes to the inspections.

Builder contracts vs the standard contract

Builders usually use their own purchase contract, not the standard Maryland REALTORS form. Builder contracts are written for the builder. Things to read for:

  • Completion date: Often an estimate, with wide room for delays and few remedies for you.
  • Deposit: How much, when it’s due, and when it’s refundable.
  • Financing and appraisal terms: Some builder contracts limit the usual contingencies.
  • Changes and upgrades: Deadlines for selections and change order fees.
  • Price escalation: Some contracts allow price changes for material costs. Ask.
  • Inspections: Whether you can bring a private inspector, and when.
  • Dispute resolution: Some require arbitration instead of court.

Maryland law adds two builder disclosures. Before signing, the builder must tell you in writing whether it participates in a new home warranty security plan, per Real Property §10-602. And it has to disclose any hazardous materials it knows about on the site, or state that it makes no representation about them, under §10-603 and §10-604.

Builders of new homes in Maryland have to be registered with the Consumer Protection Division of the Attorney General’s office. You can check a builder on the Home Builder Registration Unit page.

Incentives tied to the builder’s lender

Builder incentives are common: closing cost credits, rate buydowns, free upgrades. Often they come with a condition, which is using the builder’s affiliated lender and title company.

That can be a good deal. Run the math anyway:

  1. Get a Loan Estimate from the builder’s lender.
  2. Get one from an outside lender for the same loan.
  3. Compare the total cost: rate, points, fees and the incentive.

Sometimes the incentive covers a higher rate or fees. Sometimes it really is better. If you’re using state help, check that the builder’s lender is approved for the Maryland Mortgage Program. MMP also requires that a home built within the last 12 months be in a Priority Funding Area. County programs are in down payment assistance in Maryland.

Inspections: pre-drywall and final

The county inspects for code compliance at set stages. That’s a minimum standard, and the county inspector doesn’t work for you. A private inspector does.

Pre-drywall

After framing, rough plumbing, electrical and HVAC, and before insulation and drywall. This is the one time you can see inside the walls. Inspectors look at framing, fasteners, window flashing, plumbing and wiring runs, and damaged or missing pieces.

Final

Before settlement and the builder’s walkthrough. Inspectors look at grading and drainage, roof, attic insulation, HVAC operation, appliances and finish work.

Some buyers add an 11-month inspection before the first-year warranty ends.

Costs as of October 2026: Precision Home Inspections in the Baltimore area lists pre-drywall inspections from $450 and new construction inspections from $499. Get the builder’s inspection policy in writing before you sign, since some limit when outside inspectors can be on site. More on inspections in home inspection cost in Maryland.

Warranty law

Maryland’s new home warranty law is Real Property Title 10, Subtitle 6. If your builder participates in a new home warranty security plan, §10-604 sets the minimum coverage from the warranty date:

CoverageMinimum term
Defects in materials and workmanship1 year
Electrical, plumbing, heating, cooling and ventilating systems2 years (appliances and fixtures follow the manufacturer’s warranty)
Structural defects5 years

Plans can exclude things like normal wear, damage the owner didn’t act on promptly, and changes to grading by someone else. Under §10-605, the contract has to include a notice naming the plan, and you get evidence of coverage when you settle or move in, with the signed warranty within 60 days.

If the builder doesn’t participate in a plan, §10-603 requires a written disclosure that you acknowledge. Once you sign that acknowledgment, you have 5 working days from the contract date to cancel in writing for a refund. Without a plan or other express warranty, you rely on Maryland’s implied warranties, which under §10-204 generally last one year, and two years for structural defects.

Keep a list of everything that comes up in the first year, and send it to the builder in writing.

Comparing resale against builder pricing

A new home’s price isn’t the whole cost. When we compare a build with resale homes nearby, we look at:

  • What’s in the base price: Model homes show upgrades. Price the house you’d actually buy.
  • Lot premiums.
  • Finishing costs: Window treatments, landscaping, fencing, a finished basement.
  • HOA fees and special taxes in new communities.
  • Time: A build can take months, and your rate lock may not last that long.
  • Resale homes nearby: A five-year-old home in the same area may give you more for less, with the kinks worked out.

If you’re weighing a build in Charles County, browse Charles County homes or our Charles County guide to compare it with resale.

Bottom line

On a new build, bring your own agent from the first visit, read the builder’s contract closely, compare the builder’s lender with an outside one, inspect before drywall and before settlement, and know your warranty. If you want a contractor’s eye on a new home, talk to The Wilson Home Team of Samson Properties or call Stacey at (240) 913-5221.

Sources

Quick answers

Do I need an inspector for a new home?
It's a good idea. The county inspects for code compliance, but a private inspector works for you and looks for workmanship problems. Many buyers do two: a pre-drywall inspection while the framing, wiring and plumbing are visible, and a final inspection before settlement. One Baltimore-area inspector lists pre-drywall inspections from $450 and new construction inspections from $499, as of October 2026.
Can I negotiate with a builder?
Often, though usually not on the base price. Builders are more flexible on closing cost help, upgrades, lot premiums and settlement dates, especially on homes that are already built. Incentives tied to the builder's lender are common, so compare the full cost with an outside lender's offer.
What warranty does Maryland require on a new home?
If the builder is in a new home warranty plan, Maryland law sets minimums of 1 year on materials and workmanship, 2 years on electrical, plumbing, heating, cooling and ventilation, and 5 years on structural defects. Without a plan, the builder must disclose that in writing and you get the state's implied warranties, generally 1 year, and 2 years for structural defects.
Do I have to use the builder's agent?
No. The builder's sales staff work for the builder. You can bring your own agent, but many builders require that your agent be registered at your first visit, so bring them or call ahead before you walk in.

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Topics: new construction, builders, home inspection, new home warranty, charles county

This post is general information, not legal, tax or financial advice. Rules, rates and programs change and vary by county; confirm the details for your situation with the agency or source linked above, a tax professional or an attorney.

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