What Should You Know Before Buying New Construction in Florida? (2026)
Quick answer
As of November 2026, Florida law gives buyers 7 years from the certificate of occupancy to sue over most construction defects, and you must give the builder written notice at least 60 days before filing. Plan your resale exit, watch lot premiums and upgrades, and get an independent inspection.
| Fact | Figure |
|---|---|
| Statute of repose for construction defect claims (s. 95.11) | 7 years |
| Written notice of claim before filing suit, single home (s. 558.004) | At least 60 days |
| Written notice before filing suit, association over 20 parcels | At least 120 days |
| Builder’s window to inspect after notice, single home | 30 days |
| Builder’s deadline to serve a written response, single home | 45 days |
| Target for serving notice after discovering a defect | Within 15 days |
Sources: The Florida Senate, 2026 Florida Statutes, section 95.11 and Chapter 558, section 558.004 (checked Nov 2, 2026).
Why should you plan your resale before you buy new?
When you sell a newer home, you may be competing with the builder, who can still be selling new homes nearby. In the video, Jared’s rule of thumb is to plan on owning a new build for at least 5 to 7 years.
Communities with something scarce, such as water, golf or a distinct amenity, tend to give resale homes more to stand on. In a large neighborhood of similar homes, be careful about how much you add to the base price.
How do lot premiums and upgrades affect value?
Lot premiums and design-center upgrades are added to the base price, and a future buyer or appraiser may not value them the same way. Ask what similar resale homes in the community have sold for before you choose options.
Spend first on things that are hard to add later, such as structural options, and be more careful with finishes you could change after closing.
Do you need an inspection on a brand-new home?
Yes. A new home is built and inspected by people, and county or city code inspections check minimum code compliance, not workmanship on every item. Hire your own licensed home inspector before closing, and consider a pre-drywall inspection if the builder allows it.
Get any items the builder agrees to fix in writing, with a timeline, before you close.
What if you find a defect after closing?
Florida’s Chapter 558 sets a pre-suit process. For a single home, you must serve the builder written notice of the claim at least 60 days before filing a lawsuit, and you should try to serve it within 15 days of discovering the defect.
The builder may inspect within 30 days of the notice and must give a written response within 45 days, offering to repair, pay, do both or dispute the claim. Section 95.11 generally bars defect suits filed more than 7 years after the certificate of occupancy or a similar milestone.
What about builder incentives and builder lenders?
Builders often offer incentives such as closing cost help or rate buydowns, sometimes tied to their own lender. Compare a quote from an outside lender so you can see the true cost of the package.
Also check for community development district (CDD) fees and HOA dues, which add to the monthly cost. Our CDD fee guide compares Orlando master-planned communities.
Have questions about buying or selling here? Call or text 407-706-5000 or visit jaredjones.com.
Jared Jones Team, Brokered by eXp Realty.
Frequently asked questions
How long do you have to sue a builder for defects in Florida?
Under section 95.11 of the Florida Statutes, most construction defect lawsuits must be filed within 7 years of the earliest of the temporary certificate of occupancy, certificate of occupancy, certificate of completion or abandonment of construction. A shorter limitation period can also apply from when a defect is discovered, so act promptly and talk with an attorney.
Do I have to notify the builder before suing in Florida?
Yes. Chapter 558 requires written notice of claim at least 60 days before filing suit for a single home, or 120 days for an association representing more than 20 parcels. The notice must describe each defect. You should try to serve it within 15 days of discovering the problem.
How long does a Florida builder have to respond to a defect claim?
For a single home, the builder may inspect within 30 days of being served with the notice of claim and must serve a written response within 45 days. The response can offer to repair, pay, combine the two, dispute the claim, or say the insurer will decide on payment within 30 days.
Should I get a home inspection on new construction?
Yes. Government code inspections check minimum code compliance, not the quality of every item in the home. A licensed independent inspector can catch issues before closing, when the builder is most motivated to fix them. Ask whether the builder allows a pre-drywall inspection as well as a final one.
Is buying new construction in Florida a good idea?
It can be, especially if you plan to stay long enough to absorb the premium for being the first owner. Jared’s guidance in the video is at least 5 to 7 years. Choose a community with lasting appeal, be careful with lot premiums and upgrades, and compare builder incentives against an outside lender quote.
Sources
- The Florida Senate: 2026 Florida Statutes, section 95.11 (checked Nov 2, 2026)
- The Florida Senate: 2026 Florida Statutes, section 558.004 (checked Nov 2, 2026)
- The Florida Senate: 2026 Florida Statutes, Chapter 558 (checked Nov 2, 2026)
- Jared Jones – Orlando Living (YouTube): The Shocking Truth About New Construction Homes in Florida