Texas contract forms for buying a builder's new home
Which TREC Contract Form Fits a New Home in The Woodlands
Updated October 2026
Which Texas contract form applies when you buy new construction in The Woodlands?
In October 2026, a home the builder has not finished goes on TREC's New Home Contract (Incomplete Construction), and TREC's resale form excludes new homes a builder sells.
Paige Martin, Houston Properties Team, The Woodlands
Source: Texas Real Estate Commission page for the New Home Contract (Incomplete Construction) form, July 2026.
Which TREC form covers a Woodlands house the builder has not finished?
The Texas Real Estate Commission promulgates a New Home Contract (Incomplete Construction) for that case. TREC's page for the form says it is used for new homes where the builder has not yet completed construction.
The standard resale form is a separate contract. TREC's page for the One to Four Family Residential Contract (Resale) says it is not for use for new homes being sold by a builder. The same page also excludes condominium transactions and farm and ranch properties.
That resale form covers the resale of a single family home, a duplex, a tri-plex or a four-plex.
This contract form is used for new homes where the construction has not yet been completed by the builder.
Who approves the house that contract describes in The Woodlands?
The Woodlands Township does, through the covenants recorded on every lot. The Township adopts no ordinances and has no traditional building department, so its covenant administration department reviews the plans and issues permits.
The building code still governs construction. Where the code and the Township's Residential Development Standards conflict, the standards themselves say the code prevails.
Timing matters on an unfinished house. A complete application is acted on within 45 days of receipt, and one left unacted on after 45 days is automatically disapproved. Request a copy of the Township's approval of the plans from the builder, in writing, ahead of your signature.
Which records on a new Woodlands lot belong beside the contract?
The parcel's appraisal district account comes first. It names the county and the utility district that tax the lot. The utility district is the rate that shifts from section to section in a Montgomery County village.
The county line moves the whole bill. For tax year 2025, Creekside Park, in Harris County and Tomball ISD, paid about $2.44 per $100 of value in all. Montgomery County village homes paid about $1.69 to $1.89.
Some of the newer neighborhoods sit near Spring Creek. Residents estimated about 100 flooded homes in Timarron Lakes, a MUD 386 neighborhood, during Hurricane Harvey in 2017. Check the current FEMA map for the lot before you commit.
Questions & answers
The Woodlands questions, answered
Does my agent have to use the TREC form when I buy a new house in The Woodlands?
Yes. The Texas Real Estate Commission's list of promulgated contract forms and addenda states that real estate license holders are required to use these forms. On a house still under construction, the form on that list is the New Home Contract (Incomplete Construction). An agent you hire fills in the state form instead of drafting a contract of their own.
The requirement binds license holders. A builder's sales staff who are employees of the builder need no license, TREC says, so ask who prepared any paperwork you are handed in a model home. When your own agent writes the offer, ask which TREC form is in front of you and why it fits a house the builder is still building. Ask too how the builder's written warranty sits beside it.
What happens if the wrong contract form is used on a new home in The Woodlands?
It can cost you. The Texas Real Estate Commission warns, on its list of promulgated forms, that mistakes in the use of a form may result in financial loss or a contract which is unenforceable. On a new house, the first check is whether the form matches the build. TREC's incomplete construction form is meant for a home the builder has not yet completed.
TREC's list takes in addenda as well as contracts, and its warning speaks of mistakes in the use of a form. Ask your agent to explain each blank and each attached form before you sign. Keep a signed copy of every page with your closing papers.
Can the Texas Real Estate Commission tell me how to fill in my new home contract?
No. On its list of promulgated contract forms and addenda, the Texas Real Estate Commission says TREC cannot provide legal advice to the public on private contractual matters. The same notice says anyone obtaining the forms for possible use in a real estate transaction should contact a real estate license holder or an attorney for assistance. For a builder purchase in The Woodlands, that means your own agent or your own lawyer.
Questions about the form's terms go to them. Questions about the house go to the builder, in writing. Ask for the builder's warranty document, the Township's approval of the plans and the expected completion date before you sign. A promise that matters to you belongs in the written contract.
Which Woodlands covenants govern a new house I am buying from a builder?
The covenant set follows the village, and each neighborhood adds criteria of its own. The Woodlands Community Association's covenants cover Panther Creek, Grogan's Mill, Cochran's Crossing and Indian Springs east of Falconwing Drive. The Woodlands Association's cover Alden Bridge, College Park, Creekside Park, Sterling Ridge and Indian Springs west of Falconwing Drive. The Township has enforced both since January 1, 2010.
Read the set for the lot, then the neighborhood criteria, before the contract is signed. Those papers decide what can change on the lot after you move in, from a fence to a pool. Every roof replacement and every repainting needs the Township's prior written approval as well.
What if the Township turns down the plans for a new house I am buying in The Woodlands?
The decision can be appealed. An owner or an affected neighbor may appeal in writing to the Development Standards Committee within 10 days of the notice, and that committee's decisions are final. It can also grant a variance where strict compliance would create an undue hardship. It will not consider an appeal or a variance while the property has a violation on notice.
On a house still being built, ask the builder who filed the application and what the Township approved. Keep the approval with your contract papers, so the finished house can be checked against it. Staff can approve items that clearly meet the standards, and anything else goes to a committee meeting.
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