Home Builders

Winstead's Home Builders team represents national, regional, and local home builders nationwide. We have extensive experience with all aspects of residential development projects, including single-family homes, condominiums, townhomes, and multiple-owner mixed-use developments.

Our services span from assisting our home builder clients with the initial acquisition and entitlement of property to preparing sales and warranty documentation for the sale and disposition of improved product to the home-buying public. We also provide assistance in those instances where a dispute arises regarding entitlements, warranty coverage, contract interpretation and enforcement, construction and insurance.

Our attorneys are actively involved in local, regional, and national trade organizations, including the National Association of Home Builders, the Texas Association of Home Builders, the Urban Land Institute, the Community Associations Institute, and the Texas Community Associations Advocates.

Our attorneys assist home builder clients with:

  • Negotiation of acquisition contracts for residential development
  • Acquisition of development entitlements from the appropriate regulatory authorities, including development applications, representation at regulatory hearings (e.g., platting, zoning and site plan approval), and the negotiation and acquisition of development and economic incentive agreements
  • Preparation and administration of community governance systems, assistance with community association administration and communications, and advice regarding existing governance systems and development issues associated therewith
  • Preparation of end-user sales documentation, including sales contracts, disclosures and warranty documentation
  • Negotiation, preparation, administration, and enforcement of agreements and warranty documentation with subcontractors, including the resolution of subcontractor warranty and lien issues
  • Negotiation, preparation, administration and enforcement of broker and commission agreements
  • Negotiation and preparation of credit facilities and loan documents for acquisition and development
  • FHA and FNMA regulatory compliance for attached and detached condominium developments

Overview of Legal Services

Unlike many law firms, we have active Construction, Entitlement/Land Use, Leasing/Asset Management, Regulatory, Labor & Employment, and Tax practices, enabling us to work collaboratively with you through all phases of your transaction.

Acquisition of Property
Negotiate, document and administer contracts to acquire property for residential development

Community Governance
Prepare and administer community governance systems, administer the community association during home builder control, and advise on the effect of existing covenants

Entitlements
Assist with obtaining development entitlements from the appropriate regulatory authorities and economic and development agreements

Sales Documentation
Prepare end-user sales contracts and contract reviews to incorporate changes in applicable law, as well as prepare sales disclosure and warranty documentation

Dispute Resolution & Litigation
Assist with resolving disputes with land owners, subcontractors, and end users

Closing Documents
Coordinate with title companies and prepare closing documents for home buyer closings

Special Districts
Guide on the processes for approval by state agencies and cities that regulate special districts, including MUD, MMD, PID, FWSD, WCID, and other improvement district formation for bond issuances for single and multiphase developments

Land Use & Zoning
Navigate law, regulations, public hearings, and governmental relations for zoning and land use, economic development incentives, condemnation and eminent domain, and litigation

Related Industry

Related Practices

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