2025 New Home Construction Forms

2025 New Home Construction Forms

Missouri REALTORS® carefully monitors changes in the law and considers feedback from members, local boards, and other REALTOR® Associations across the country to guide forms revisions and updates, or to create new forms, when necessary. This process ensures Missouri REALTORS® standard forms are legally compliant and relevant to current market conditions, and compliant with the 2024 NAR settlement (visit facts.realtor for details).  

We believe standard forms with a wide variety of options are a good risk management strategy, and we will continue to provide forms that minimize conflicts to promote smooth and efficient transactions for brokers across the state 

We appreciate the leadership exhibited by ALL our volunteer members who dedicate their time to help ensure that Missouri REALTORS® standard forms are:  

1) fair and balanced, with reasonable options that work equally well in all parts of the State, regardless of what business model brokers choose to utilize;  

2) clear and easy to use and understand; and  

3) fairly protect all parties involved a transaction.   

While not all suggestions are approved, we want to thank everyone who has provided feedback and comments, and we encourage you to continue doing so.  

New Forms

A New Home Construction Task Force was pointed through the Residential Forms Committee, and has worked for the past several years to create a new forms set for members to use in transactions where the property involved is “new construction.” The following Missouri REALTORS® forms will be effective as of March 31, 2025 

These new forms are also discussed in a recent edition of Keeping it Legal. The Master Forms Index, which lists our entire library of forms and includes a brief description of their intended use, has also been updated to include these forms, and a “NHC Instruction/Explainer Manual” has been added to our otherForms Instruction Manuals (which cover several of our forms and provide line-by-line instructions on how to complete them). Finally, live” classroom training and local board presentations provided by Missouri REALTORS® legal staff is also available based on demand. 

The New Construction Sale Contract is similar in “look and feel” to the other Missouri REALTORS® sale contracts (RES-2000, COM-2000, LND-2000, and FRM-2000) and operates much the same. However, since the contract is for new construction rather than an existing home, some changes in its operation are necessary. Of particular note are:

  • Section 2 includes an option to make all “Earnest Money” nonrefundable.
  • Section 4 includes multiple options for “Construction Documents” to outline how the Home is being constructed. This Section also contains multiple new paragraphs specific to the construction of a new Home and is where the majority of “changes” exist when compared to other Missouri REALTORS® contracts.
  • Sections 5 and 7 includes similar language contained in other Missouri REALTORS® contracts, with different timeframe calculations and certain operational changes.
  • Section 15 Warranty is expanded to cover different warranty scenarios found in new construction transactions

Specifications are considered “standard” materials provided in the construction of the Home. Some builders/sellers may have their form or “Spec Sheet” (which can be attached to the Contract as well). However, in the event Seller does not have such a form, this form can be attached to the New Construction Contract to provide an explanation of any such materials that are included in the “Base Price” of the property.  

“Modifications” are changes or additions to any of the “standard materials” being provided. This form allows for the parties to change or add materials, options, upgrades, and/or appliances not detailed in specifications provided and is attached and incorporated as part of the Contract if used. 

A builder my provide certain “Allowances” for a Buyer to select materials/specifications to customize the construction of the home if the builder does not already have these materials picked out or provided. This form provides the parties with space to fill in specific materials and the dollar amount of the “Allowance” and is attached and incorporated as part of the Contract if used.  

This form can be used by the parties to make changes to the work being done or materials being provided in the original Contract. This form also allows for designation of payment in the form of “Additional Deposits,” “an adjustment to the Purchase Price,” or directly to vendors. This form may be used after the initial Contract is entered into to make these changes.


As part of the creation of the New
Construction forms, certain existing forms needed revisions to work with the New Construction Sale Contract. The forms listed above are similar to, and substantively the same, as their MSC counterparts already in the Missouri REALTORS® forms library except for the revisions made to reflect changes in certain operations and titles of the forms
 

As always, if you have ANY questions regarding any of our Standard Forms or any revisions, please call LEGAL LINE at 573-447-5278.