Builder Programs

Builder programs bring structure and consistency to the development of planned communities. Hyatt & Stubblefield, P.C., draws from decades of experience to help developers create and implement effective programs for the sale of lots or parcels of land in their communities to single-family and multi-family home builders, and programs to assist participating builders in the marketing and sale of their homes to end users.

Design of Builder Programs

We work with developers to create builder programs that carefully define the role of builders participating in the community and establish mechanisms that encourage the developer and builders to work in concert to create and maintain momentum for the project. Such builder programs range from highly structured programs utilizing a detailed manual of criteria for design and architecture, models, merchandising, sales, and other matters, to less structured plans implemented through special provisions in the purchase and sale contract and deed.

Whether a builder program involves a single builder and product type, or multiple builders offering various products and price ranges to attract buyers in a variety of market segments, a well-designed and well-implemented builder program allows builder participation in construction within the development in an organized manner. The builder program may also provide for coordination of marketing efforts through a community sales or information center and model home village, and use of affiliated or outside brokers to assist the developer and builders in marketing and selling their properties.

Program Documentation

The key to an effective builder program is a well-drafted contract or series of contracts, as well as deeds and covenants, that thoughtfully consider and address the wide range of issues that arise when the developer is looking to builders to help implement the development plan. The contracts must clearly define each party's obligations and provide mechanisms to help ensure that those obligations are fulfilled, whether by the original parties or by third parties who may take over upon voluntary transfer or foreclosure.

In the event that a builder is not successful and a lender takes over, we strive to ensure that the developer has viable options for dealing with a successor owner in a manner that minimizes disruption and maintains consistency within the development.

Key to Success

Whether selling land to parcel developers or selling lots to custom, semi-custom, or production builders and to the public, the developer of a planned community has a substantial interest in ensuring that the builders' activities are consistent with the overall development plan, the project documents, any retail lot sale program, and the developer's overall goals. An effective builder program achieves success through coordination, organization, and consistency.