TREC 23-19 · New Home Incomplete Construction

The fastest way to review your TREC 23-19 contract.

The standard Texas contract for buying a home that's still being built. Drop yours and T-REX checks every paragraph — substantial completion deadline, change-order language, allowance items, builder default, milestone schedules — flagging anything off in plain English.

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How it works

Reviewing your TREC 23-19 in three steps.

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01 · Drop

Drop the executed TREC 23-19 PDF

Builders and title companies send the executed contract as a PDF — drop it as-is. Up to 10MB, encrypted in transit, deleted within 24 hours. No accounts.

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02 · Review

We check every paragraph against the standard form

T-REX compares each clause against the current TREC 23-19. Sales-price split in §3, earnest money in §5, construction documents in §5, the substantial-completion deadline, builder default in §15, change-order procedures, allowance items, builder warranty in §7B, and the buyer's right to terminate if construction stalls — with citations back to the exact paragraph.

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03 · Negotiate

Plain-English summary you can act on

A short brief on what you're signing, the under-construction issues that matter (delay penalties, milestone payments, what counts as "substantial completion"), and questions to ask your broker or attorney before the foundation pour.

About TREC 23-19

What this contract actually covers.

TREC 23-19 is the New Home Contract (Incomplete Construction) — the standard Texas form for buying a home that's still under construction at contract signing. It's the contract you sign when you're picking your lot, locking in finishes at the design center, or buying a "to-be-built" home. Completed new homes use 24-19; existing resales use 20-18; condos use 30-17.

  • construction

    Homes still being built

    Custom builds, semi-custom builds, master-planned community builds where construction hasn't finished. If the home is already certified for occupancy, you need 24-19 instead.

  • schedule

    Substantial completion deadline

    The form sets a target date by which the builder commits to substantially complete the home. Missed deadlines can trigger buyer termination rights or per-day delay damages. T-REX checks the date math, the delay-penalty language, and the force-majeure exclusions.

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    The clauses that bite custom-build buyers

    Vague "substantial completion" definitions, allowance items priced below market, change-order markups, unilateral builder-modification rights, mandatory arbitration, preferred-lender lock-in, no-deposit-refund clauses on cancellation, and "as-built" deviations from the approved plans.

  • payments

    Milestone payments & allowances

    Many 23-19 deals include progress payments tied to construction milestones (foundation, framing, drywall, trim). Allowance items — flooring, fixtures, cabinets — are dollar credits the buyer can spend at the design center. T-REX flags any milestones or allowances that look thin compared to typical builder pricing.

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    Always checked against the current revision

    T-REX compares your contract to the latest TREC 23-19 form. Earlier versions (23-17, 23-18) should not be used on new transactions; if you're handed one, that's a flag in itself.

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    Built for custom-build buyers, agents, and attorneys

    Buyers committing to a 9-to-18-month build cycle who need to understand what happens if the timeline slips. Buyer's agents who want a quick check on the milestone math. Attorneys reviewing builder riders and allowance schedules before clients commit to a non-refundable deposit.

TREC forms

Reviews tuned for every Texas form.

See all 47 forms →
TREC 20-18

One to Four Family Residential Contract (Resale)

The standard resale contract for single-family homes, duplexes, triplexes, and fourplexes. Texas's most-used real estate form.

TREC 30-17

Residential Condominium Contract (Resale)

For the purchase of an existing condo unit. Includes HOA resale-certificate handling and condo-association disclosures.

TREC 24-19

New Home Contract (Completed Construction)

For new homes already built and ready to close. Reviews builder warranties and standard new-construction provisions.

TREC 23-19

New Home Contract (Incomplete Construction)

For homes still under construction. T-REX flags missing milestones, change-order language, and substantial-completion dates.

TREC 25-15

Farm and Ranch Contract

For rural, agricultural, or large-acreage properties. Includes mineral, water, hunting, and surface-rights review.

TREC 9-16

Unimproved Property Contract

For raw land — vacant lots, acreage tracts, undeveloped parcels. Reviews access, easements, and survey contingencies.

TREC OP-H

Seller's Disclosure Notice

Texas-required disclosure of known property conditions, defects, repairs, and environmental hazards. T-REX flags inconsistent or vague answers.

TREC 40-11

Third Party Financing Addendum

For conventional, FHA, VA, or USDA loans. Reviews financing type, terms, and contingency-deadline math against the main contract.

FAQ

TREC 23-19 contract review, answered.

What is TREC 23-19?

TREC 23-19 is the current version of the New Home Contract (Incomplete Construction) — the standard Texas form for buying a home that's still being built at contract signing. It covers everything from sales-price math and earnest money to the substantial-completion deadline, builder default rights, change-order procedures, allowance items, the builder's limited warranty, and closing and possession.

What does T-REX actually check on a 23-19?

The full paragraph set against the current 23-19 standard: sales-price split in §3, earnest money in §5, construction documents disclosure, the substantial-completion deadline, builder warranty in §7B, change-order procedures, allowance items, milestone payment schedules if applicable, builder default in §15, buyer default, special provisions in §11, the effective date, and the addenda checklist. Every flag cites the paragraph it came from.

What's the difference between 23-19 and 24-19?

23-19 is for a home that's still under construction at contract signing — you sign, then the builder completes the work. 24-19 is for a home that's already completed — typically a spec home, model home, or inventory home that's done and ready to close. The two forms have different paragraphs for substantial completion, change orders, and builder default. T-REX detects which form you've uploaded and reviews against the right standard.

What does "substantial completion" mean?

Substantial completion is the milestone where the home is ready for the buyer's intended use — typically when a certificate of occupancy issues — even if minor punch-list items remain. The 23-19 sets a target date for substantial completion and addresses what happens if the builder misses it. Some contracts include daily delay damages; others give the buyer a termination right after a grace period. T-REX flags vague definitions and missing penalty terms.

Is this legal advice?

No. T-REX is a fast second opinion that helps Texas new-construction buyers, sellers, and agents understand a 23-19 before they sign. For high-stakes transactions — especially custom builds running into the seven figures — a Texas-licensed real estate attorney should review the final contract along with the construction documents. T-REX gives you the read; your attorney gives the advice.

What's the difference between the free scan and the $5 review?

The free quick scan tells you what form you've uploaded, key terms (price, earnest money, target completion date, builder name), and a top-line risk summary. The $5 full report runs a full clause-by-clause comparison against the standard 23-19, flags every modification, generates a downloadable PDF, unlocks a visual overlay that slides your contract over the blank form, and gives you a chat with the AI about your specific contract — including questions about milestone payments, allowances, and warranty exclusions.

What's the difference between 23-19 and earlier versions like 23-17?

TREC publishes a new version of the form whenever the underlying law or policy changes. Each version number is a different effective date. T-REX always compares against the current version (23-19). If you upload an older form, we'll tell you the version we detected and warn that it may be out of date.

TREC 23-19 is the standard Texas contract for buying a home that's still being built. The Texas Real Estate Commission promulgates the standard contract forms required for license holders to use, and 23-19 — the New Home Contract (Incomplete Construction) — is the one that covers a home that hasn't finished construction at the time you sign. If you're committing to a custom build, a semi-custom build in a master-planned community, or any "to-be-built" home, this is the form. The companion form for finished new homes is 24-19.

The substantial-completion deadline is the heart of the form. Unlike a resale contract where the closing date is fixed, a 23-19 deal hinges on when the builder finishes. The contract sets a target date for substantial completion — the point at which the home is ready for the buyer's intended use, typically when a certificate of occupancy issues. Slip past that date and the buyer may have a termination right, daily delay damages, or both, depending on what the builder negotiated into the contract. Force-majeure carve-outs (weather, supply-chain delays) often appear in builder addenda and can quietly extend the deadline by months.

Allowances and change orders are where new-construction deals leak money. Allowances are the dollar amounts the builder sets aside for items the buyer will choose at the design center — flooring, cabinets, fixtures, appliances. A generous-sounding allowance can be priced below what's actually shown in the model home, leaving the buyer to write a check for the upgrade. Change orders — modifications made after contract signing — usually carry a builder markup and a schedule extension. T-REX checks each paragraph against the current TREC 23-19, flags the modifications, and gives you a plain-English citation back to the page so you can decide what to negotiate before you commit non-refundable earnest money.

Use it as a custom-build buyer, a buyer's agent, or an attorney. Buyers committing to a 9-to-18-month build cycle drop their contract here to understand what happens if the timeline slips. Buyer's agents who don't typically work in new construction use it as a quick second pair of eyes on the milestone math. Real estate attorneys use it as a fast first-pass triage before billing for the full read of the builder rider, the construction documents, and the warranty. The free quick scan is for everyone; the $5 full report unlocks the clause-by-clause comparison, the visual overlay, and the live chat about your specific contract.

Other Texas contract forms we support: the full list of TREC forms includes the One to Four Family Residential Contract (Resale, TREC 20-18), the Residential Condominium Contract (Resale, TREC 30-17), the companion New Home Contract for Completed Construction (TREC 24-19), the Farm and Ranch Contract (TREC 25-15), the Unimproved Property Contract (TREC 9-16), the Seller's Disclosure Notice, the Third Party Financing Addendum (TREC 40-11), and every other current TREC-promulgated form. Each form has its own quirks and its own dedicated review.

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