Most Dane County builders use their own purchase agreement, not the standard WB-11, so read it closely for deposits, deadlines, change orders, and the warranty. Hire your own agent and your own inspector, ideally with phase inspections during the build and a final inspection before closing. Get the warranty in writing, and confirm lien waivers and title coverage before you close.
By Cait Berry | November 12, 2026
New construction is a real option in Dane County right now, from Verona and Sun Prairie to Waunakee, Middleton, and DeForest. Buyers love the idea of a home nobody has lived in, with today's layouts and efficiency. I wrote about the pros in whether building in Verona is the answer to bidding war fatigue.
What surprises people is the paperwork. Buying from a builder isn't like buying a resale home, and the differences can cost you if nobody's looking out for you.
The contract is usually the builder's, not the WB-11
When you buy a resale home in Wisconsin, you almost always use the state-approved WB-11 Residential Offer to Purchase. Its deadlines, contingencies, and protections are familiar to every agent and title company in Madison.
Builders often use their own purchase agreement, written by their attorney. That's legal and common, but it means:
- Deadlines and remedies may favor the builder. Read what happens if construction runs late, and what happens if you can't close on time.
- Deposits can be larger and less refundable. Redfin describes new-build deposits as often "a nonrefundable payment of around 10% of the home's cost." Know exactly when your money becomes non-refundable.
- Contingencies may be limited. Ask whether the contract includes financing, appraisal, inspection, and home-sale contingencies, and on what terms.
- Change orders cost money and time. Upgrades selected after signing are usually priced separately and can push the completion date.
- Price escalation language. Some contracts let the builder pass on higher material costs. Ask before you sign.
If the contract is long and you're not comfortable with it, a real estate attorney review is money well spent.
Use your own agent
The salesperson in the model home works for the builder. That's not a knock on them, it's just their job. Your own agent can review the contract, compare the base price and upgrades with resale homes nearby, and push for concessions.
Register your agent on your first visit. Many builders require your agent to be with you at the first visit, or noted on the registration card, to be involved. Starting in 2027, also talk through how your agent's compensation is handled under the new Wisconsin rules. I covered that in who pays the buyer's agent in Madison starting in 2027.
Builders rarely drop the base price, but Redfin notes you "may be able to negotiate on upgrades, a longer warranty, or other concessions." Closing cost help through the builder's preferred lender is also common, so compare it with an outside lender.
Yes, inspect a brand-new home
New doesn't mean perfect. Even with municipal building inspections, items get missed when crews are moving fast.
- Phase inspections. As Redfin puts it, "Most new-builds include phase inspections, where a home inspector checks the home at certain stages of the building process." The most valuable is a pre-drywall inspection, when framing, wiring, plumbing, and insulation are still visible.
- Final inspection before closing. Redfin notes that even after phase inspections, "a final inspection can help identify any issues that were missed or developed later."
- Get permission in writing. Confirm in the contract that your inspector can access the site at the right stages.
The punch list and the final walkthrough
Near the end, you and the builder build a punch list of items to fix before closing: paint touch-ups, a door that sticks, a missing outlet cover, grading that slopes toward the house. Walk the home with your agent, then walk it again before closing to confirm the work is done. My final walkthrough checklist covers what to look for.
Warranties, liens, and title
- Get the warranty in writing. Ask what's covered, for how long, and how to file a claim. Workmanship, systems, and structural coverage often have different terms. Keep a list of items to report before the first-year deadline.
- Lien waivers. Contractors and suppliers who worked on the home may have lien rights if they aren't paid. Ask the title company how lien waivers and title coverage are being handled before closing, so you aren't inheriting someone else's unpaid bill.
- Certificate of occupancy. Confirm the municipality has issued it before closing.
- Taxes on a new build. Your first property tax bill may be based on a partially built home, and the next one can jump. I explained why in who pays the tax bill when you close in December.
Questions to ask any Dane County builder
- What's the deposit, and when does it become non-refundable?
- What's included in the base price, and what's an upgrade?
- What's the estimated completion date, and what happens if it's late?
- Can my inspector do a pre-drywall and final inspection?
- What does the warranty cover, for how long, and how do I file a claim?
- Is there a homeowners association, and what are the dues and rules?
- Who handles landscaping, driveways, and grading, especially if closing happens in winter?
Building from scratch vs. buying a spec home
New construction in Dane County usually comes in two forms, and the paperwork feels different for each.
- A spec or inventory home is already built or underway. You see what you're getting, the timeline is shorter, and there are fewer decisions. Your inspection and punch list matter most here.
- A build-to-order home starts with a lot and a floor plan. You choose finishes, the builder prices upgrades, and the timeline stretches across months. Change orders, price escalation language, and phase inspections matter most here.
Either way, plan for the in-between. If you're selling your current home, line up your timing carefully, because builder completion dates can move. A short rent-back or a flexible closing on your current home can save you from moving twice.
Frequently Asked Questions
Do new construction homes in Wisconsin use the WB-11? Some do, but many builders use their own purchase agreement. Read it closely for deposits, deadlines, contingencies, change orders, and warranty terms, and consider an attorney review.
Should I get a home inspection on new construction? Yes. Phase inspections, especially before drywall, plus a final inspection before closing can catch issues that were missed during construction.
Do I need my own agent to buy new construction? It's strongly recommended. The builder's salesperson represents the builder. Your own agent can review the contract, compare value, and negotiate upgrades or concessions. Register your agent on your first visit.
Can you negotiate with a builder in Madison? Builders rarely lower the base price, but you can often negotiate upgrades, closing cost help, a longer warranty, or other concessions.
What is a punch list? It's a list of final repairs and touch-ups the builder agrees to complete before closing. Walk the home again before closing to confirm everything on it is done.
The bottom line
New construction can be a great fit in Dane County, as long as you read the builder's contract, bring your own agent and inspector, and get the warranty and lien details in writing before closing day.
If you're comparing new construction with resale homes, my Buyer's Guide walks through offers, contingencies, and closing step by step.
Your Madison Insiders
Thinking about building or buying new? Bring your own advocate.
The Insiders Realty Buyer's Guide walks through offers, contingencies, inspections, and closing in Dane County.
About Cait Berry
Cait Berry is the founder and team lead of Insiders Realty with REAL Broker, LLC, serving buyers and sellers across Dane County. A sixth-generation Madisonian and full-time agent since 2012, she helps relocating families, move-up buyers and sellers, and first-time buyers make confident moves in the Madison market. Cait is also a business coach for real estate agents with Tom Ferry International.
This post is general information about buying new construction in Wisconsin, not legal advice. Builder contracts vary, so review yours with your agent and, when needed, a real estate attorney.
