Issues with Building a Home Without a Loan

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We are thinking of building a home without financing. We have never built a home before. We plan to hire a builder and don't plan to do any of the work ourselves. We already own the land.

I'm looking for input on what challenges or risks this may create. Will we have difficulties finding a builder without an approved mortgage? Are there services a lender provides that we will need to do ourselves or hire out? Are there other risks or issues we should be aware of?
 
We built without a mortgage and it went fine. We wrote the contract with milestones for installment payments. Obviously you want to make sure you have a reliable contractor, and get lien waivers before you close.
 
We are in the process of doing that right now. It never occurred to me that it is any big deal. We have a pretty savvy builder so I would be surprised if he did not run a credit check on us, but we'll never know.

The things to watch are the normal project management issues, none of which a mortgage lender will help with. Her are a couple of thoughts:

1) Become good friends with someone in the local planning/zoning office. If the house setbacks are wrong or something else about the house is noncompliant, it is you not the builder who is on the hook. Here is someone who is really having fun:https://www.sandiegouniontribune.co...ad-agrees-lower-building-2007jun27-story.html

Your planning/zoning friend will avoid recommending contractors but you can look for winks, nods, and body language if you offer a name where there is a stinky reputation. OTOH, if you offer a name where the city has good experience, you will probably get a positive review.

Same-o with the HOA if you are dealing with one.

2) Do you have an architect or is the builder designing the house? If no architect and having no expertise yourself, IMO you need to hire someone to be your eyes and ears, beginning with a plan review and then monitoring the construction process. "As-built" rarely matches the drawings exactly.

If you do have an architect, make sure that the deliverables and schedule in your contract match what the contractor expects and requires. We refused (politely) to sign our architect's contract until our builder approved it. Like it or not, we are in the middle and are doing everything we can to minimize the I-forgot and As-S#it moments with consequent he-said, she-said experiences.
 
Thank you for the input bizlady and Oldshooter. Did you require modifications or cost changes to be submitted and approved in writing?
 
We've built two homes in our family, and came out very well on a Cost & Basis. I cannot imagine any builder staying in business in this inflationary lumber times that would bid a job in total.

In our case, we scouted the market for things like appliances, plumbing fixtues, lighting fixtures, etc. And we paid all the bills ourselves. We also paid the contractor for his labor weekly so he had no cash flow issues--at fair labor rates.

My cousin is an architect, and his services were free. Otherwise, I'm not a big fan of architects for normal size houses, and our builders would have been just as glad to have plans drawn on the back of a brown paper sack. Fortunately, our county doesn't have any building codes and blueprints are not required to get any permits.

The one important thing is have a real estate attorney prepare a contract between you and the contractor that lays out exactly when funds will be transmitted and sets a timeline for the project. You need to have the ability legally to cancel the contract if the builder's not performing as agreed. You also need to have a good insurance package on the construction.

You might not do any of the work, but if you're willing to come in and clean up the job site every night you'll find the workers much more efficient which will make your time worthwhile.
 
Thank you for the input bizlady and Oldshooter. Did you require modifications or cost changes to be submitted and approved in writing?

We did require modifications to be on change orders and signed by both parties.

The other thing we did, when we worked with the architect, was to require in the contract that the bids come in on budget or the plan gets modified at their cost.
 
... Did you require modifications or cost changes to be submitted and approved in writing?
That's just good project management hygene.

A good contractor will do this for his own protection.

There will be cases, though, where a change is small and the contractor may not document it. No problem. Just send the contractor an email documenting the change agreement. If there was a misunderstanding, he can respond to correct it. If he doesn't object, you have nailed feet to the floor in the event of a future dispute. Like:

"Bob, just to make sure we both have the same understanding, I believe we agreed today to have the concrete driveway stamped with the "Gibraltar" pattern at a total increased cost to us of $600."

"Fred, just to make sure we both have the same understanding after my site visit today, you will be removing the duplex box and installing a quad outlet box in my desk area, per the original drawings, at no cost to us."

If he was inclined to be a bit casual about things, a few emails like this will teach him that you expect both sides to be professional about change agreements and documentation.
 
We did require modifications to be on change orders and signed by both parties.

The other thing we did, when we worked with the architect, was to require in the contract that the bids come in on budget or the plan gets modified at their cost.

Did you mean to say "invoice" where you said "bid"? Otherwise, how can anybody know what a bid is going to be beforehand?
 
I built one with no loan, another with a bank construction loan. Some great advice in the above posts.

Given that you know little about home building, you should hire a construction manager or architect. They would be responsible for making sure that everything is being built properly and according to the plans and specs. They would also review/approve payouts, lien waivers, etc.
 
And let me say one other thing. The build quality of any home starts with the quality of the foundation and the quality of the framing carpenter crew.

A home on my street was framed by someone that does all the 10,000+ square foot homes in our area. He's the best, and I've worked with him on numerous mission projects. The rest of the build followed without incident because the house was so well framed out.

Not every contractor has carpenters that are framers. They're most often subcontracted out.
 
Yes, there are a lot of things to look out for and a lot of things to do. I highly recommend consulting with an attorney who does these kinds of contracts. Your builder may have a standard contract they use. Often, those contracts are incredibly one sided and the average person may not even realize how one sided it is.

Each state's law on construction contracts and the issues surrounding building a home varies. The best thing is to get assistance from an attorney in your state who is experienced with this kind of law and who regularly helps homeowners with preparation of these kinds of agreements.
 
We did a partial construction loan since we were new to the process (only about 20% of the cost was financed). We found a design and build firm that had previously built in our town, and the partial financing was through the local bank that had worked with the builder previously. I'm sure we could have reduced costs had we done more of the coordination ourselves. But we lived and worked across the country when the build started.

The lender did regular site visits to monitor progress before they wrote checks to the builder and did an appraisal of the house based on the plans only. I don't think the appraisal would be necessary if you had no financing, and you would obviously monitor progress before paying. I'm not sure what else the lender did... probably checked out the builder, but there was an existing relationship there.

If I was going to do it again, I wouldn't bother with the financing headache. But I do now have the experience of having one built.
 
There are three risks I see:

1. The builder losing interest / not being on time / not being on budget / prioritizing other jobs above yours. I suppose most of these can be handled in the contract. One common strategy is to hold back a big chunk of the final payment to incentivize completion.

2. The builder going under and leaving you with an unfinished house. I think with a solid builder with a good reputation, the risk is minimal here.

3. Mechanics / subcontractor liens on your house if they are not paid by the GC. Probably a title search after the house is done and inspected (?) would be smart.
 
Did you mean to say "invoice" where you said "bid"? Otherwise, how can anybody know what a bid is going to be beforehand?


No I meant bid---- It made no sense for us to have an architect design something that was more than we wanted to spend. We were very specific with what we wanted and what finishes, and while they will not know how the contractor bids will come in, a good architect should have a pretty close idea. We hired a general contractor once everything was in place.
 
There are three risks I see:

1. The builder losing interest / not being on time / not being on budget / prioritizing other jobs above yours. I suppose most of these can be handled in the contract. One common strategy is to hold back a big chunk of the final payment to incentivize completion.

2. The builder going under and leaving you with an unfinished house. I think with a solid builder with a good reputation, the risk is minimal here.

3. Mechanics / subcontractor liens on your house if they are not paid by the GC. Probably a title search after the house is done and inspected (?) would be smart.

Those certainly are all risks but there are a lot of other risks. I couldn't possibly list all of them. FWIW, I have seen builders with a good reputation go under. It isn't that unusual. Sometimes the company that builds the house goes under but the actual individual builder immediately starts up a new company. That leaves the old company with all the debt and liabilities and the new company with all the new income.

Another risk is the builder or a sub does poor work. Yes, even "good" builders can have a bad some or do poor work. Sometimes a builder that seems "good" is not so good or they get a new superintendent who isn't good, etc.

Another risk is that the homeowner doesn't have a right to inspect the work as it goes on and there is poor work done that may not manifest itself for a long time and the homeowner has no clue.

Another risk is that the homeowner thinks a provision in the contract means X and the contractor thinks it means Y. These disputes are not always easy to predict. There is where having an attorney review the contract and assisting in wording can often help.

Another risk is that sometimes happens that isn't the fault of anybody but the agreement doesn't really address how to handle it. Something like -- just to pick something at random -- a pandemic suddenly occurs.

If the agreement is cost plus there are many ways for fraud to occur. The builder can falsify invoices. The builder can say that they are supplying some expensive fancy product and substitute something cheap. The builder can give a kickback to a vendor who generates an invoice the homeowner will see (high) and then one for the builder (lower). The Builder can buy goods or services from companies owned by the builder or a relative. I am not necessarily opposed to cost plus. It has advantages and disadvantages. But, the homeowner needs to be aware of what can go wrong.

Of course, bad stuff can sometimes with fixed price contracts as well. The builder is supposed to supply something of X quality and supplies something else that is much lower quality and cheaper. But, the price doesn't go down. And, that is assuming the contract has detailed specifications as to the quality and particulars of everything. Lots of times the contracts don't detail that stuff. The homeowner assumes they are getting X and the contractor says the contract only requires Y. X will be more money.

There are lots and lots of risks (the above are just a few examples). Having a lender may help with some of them. But the lender is protecting the lender. The homeowner needs to protect the homeowner through things such as having an attorney. For some very expensive homes, the homeowner may want to consider having construction overseen by a construction manager or by having an architect sign off on some things. But, I would start with having an attorney who represents the interests of the homeowner.
 
Why would be cash a problem? Cash is the hot buy now. Everyone likes cash.

But I'll agree if you don't know anything about the local contractors and subs, hire someone who does. Pay him (or her) in cash too.
 
We did that, we demolished and rebuilt for cash. In fact, we still had a mortgage on the property that we demolished and rebuilt. It never dawned on me to think that we might have to let the mortgage company know that we demoilshed a good portion of their collateral until after the rebuild was completed! :D
 
We built our home without a mortgage. I designed the home using a software program called Punch!. I then hired an engineering firm that had a draftsman who provided the blueprints and the engineering wet stamp. Then handed over to the contractor and he took it from there and got started on permits and finally construction. I started out giving the contractor a $50,000 draw. When that ran out, he would submit an invoice of time and materials and I'd give him another $50,000 until the project was completed. He understood what my budget was and I think did pretty well; ended up building our home for around $650,000 on my land, which was $50,000 over what we planned. His invoices showed the price difference in materials and sub contractor costs. Mostly with the concrete. We built on a slab of around 2,000 sq. ft plus a stamped and colored wrap around patio and a 300' 18' wide driveway. There was also some extra costs in rental equipment; a crane and a scissor jack lift. This was a 2 story log home with 23' high vaulted ceiling and fireplace. There was an extra expense for the delivery of the logs to California from Montana where they were milled.
Like mentioned, get a release of lien from the general contractor that stipulates that all subcontractors are satisfied. We had a little problem with the window glass company. I guess the contractor didn't pay them, but since I had the sign-off on the lien, it wasn't my problem. I hounded the contractor to make this right and he finally did.
 
So this is not exactly the same situation as the OP however our current home built in 2005 was built without a typical mortgage. Funding was with a home equity loan on our paid off prior home. I served as my own GC. This was a long home and I contracted with a local builder to start with the cleared lot all the way through dry in on the structure. I contracted out the electrical, roof, plumbing, and HVAC. Exterior and interior finish, hardwood flooring, T&G ceiling were on my own. Process went well and came in within 3% of my estimate. The scariest part was I now had two homes and had to sell the prior home to pay off the HE loan. Luckily, we prepped this home and had it sold within 6 weeks. Looking back, I’m amazed this whole process went as smoothly as it did.
 
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