Buying · New construction
The person in the model home works for the builder.
That is the structure, not an accusation. They are pleasant, they are genuinely helpful, and their duty runs to the builder. Bringing your own representation usually costs you nothing on a new build — but only if you register it on your first visit.
Register first
The most expensive mistake happens before you've decided anything.
Most builders require your agent to be registered at first contact. Visit a community alone, and that builder may treat you as its own buyer for a period afterwards — meaning you go through the rest of the purchase with the builder's representative on both sides of the table. Sometimes it can be sorted out afterwards, often it cannot, and the honest answer depends on that builder's policy.
So tell me which communities you are considering before you tour them. It costs one phone call and it is the difference between having representation and not.
What that gets you
- Registers your representation with each community before you set foot in it, so nothing is forfeited on a first visit.
- Reads the builder's contract line by line and tells you plainly which parts are unusual and which are negotiable.
- Separates genuine incentive value from margin dressed up as a gift, and compares the preferred-lender package against an outside one.
- Reviews the lot, the plan and the upgrade list against resale, not just against the model home you walked through.
- Attends the pre-drywall and final walkthroughs, and recommends an independent inspection at both stages.
- Tracks the build-stage deadlines and keeps the written status coming at each milestone rather than a verbal estimate.
Compensation is negotiable and never fixed by law. Most builder budgets already account for cooperating broker compensation, and how it is handled is agreed in writing before any substantive action is taken on your behalf. Texas law requires that written agreement, effective 1 January 2026.
How I am paid
Agreed with you in writing, before you tour anything.
What I am paid is agreed with you in writing before we set foot in a model home. On new construction the builder typically funds that compensation, which is the practical reason representation on a new build usually costs you nothing extra — provided I am registered with you at first contact.
Where a builder offers more than the amount we already agreed, that is discussed with you and agreed in writing in advance. You know the number before it applies. It is never settled at the closing table, and you never learn it afterwards.
The line that matters
Which community or builder I recommend is never determined by what that builder pays me.
Builders get compared on product type, price range, design character, build quality and how they have handled timelines and punch lists. If the builder paying less has the right house for you, that is the one I will tell you to buy. I own that plainly, because it is the only version of this that is worth anything to you.
Compensation is negotiable and never fixed by law. No figure is published here — the number belongs in your agreement, not on a web page. Texas requires that written agreement before an agent tours homes with you, effective 1 January 2026.
The order it happens in
Six points where the outcome is actually decided.
Before the first visit
Register your representation
Most builders require your agent to be registered at first contact. Walk into the model home alone and that community may treat you as its own buyer for a set period afterwards. This is the one step that cannot reliably be undone later.
Lot and plan
Choose the permanent things first
Orientation, grade and drainage, what backs the property, lot width and usable yard, proximity to a main road or the amenity centre. None of it can be changed later, and all of it follows the home into resale. Premiums are charged on the better lots and are frequently worth paying.
Contract
Read the builder's form, closely
Builders use their own contracts, not the TREC promulgated forms, and they are drafted for the builder. Delays, deposits and refundability, change-order pricing, warranty scope, dispute resolution and the builder's discretion over materials all differ from what a resale buyer signs. Less of it is fixed than people assume.
Design centre
Separate structure from finish
Worth the builder's price: anything structural or inside the walls — layout changes, added windows, ceiling height, electrical and data runs, plumbing rough-ins, garage extensions. Rarely worth it: appliances, light fixtures, window coverings, landscaping and finishes you could fit afterwards for meaningfully less. Set your number before you walk in.
Pre-drywall
See inside the walls while you still can
After framing and mechanicals, before the walls close up. It is the last time anyone can see the wiring, the plumbing, the bracing and anything built differently from the plan. I attend it, recommend an independent inspection at this stage, and photograph every wall so you keep the record for as long as you own the house.
Before closing
Inspect again, and put findings in writing
Municipal inspections confirm code compliance, not workmanship, and new homes routinely have real findings. Anything identified before closing is the builder's to fix under the contract rather than yours to argue about afterwards. Warranty items go in writing, with the record kept.
Incentives
Builders compete on incentives, not price.
The recorded sale price is protected, because it sets the comparable for every home they have left to sell. So the competition moves to closing cost credits, design centre allowances, included upgrades and financing assistance. Some of that is real value and some is margin dressed up as a gift, and telling them apart is a large part of the job.
The larger incentives usually require the builder's preferred lender and title company. That is legitimate, and you are still entitled to compare the full offer against an outside lender's — the comparison is the entire point, because a credit can be offset by different terms. I will not quote you a rate or steer you to a lender; I will make sure both offers are put side by side before you choose.
The tax line
Newer developments carry extra assessments.
Municipal utility districts and public improvement districts fund the water, sewer, roads and amenities that make a new community possible. They do not appear in the list price, and they can raise the effective tax rate on a home materially compared with an otherwise similar house nearby. On a new build this is worth knowing before you sign, not at the closing table.
Run the numbers yourself on the Texas property tax estimator, and if you are moving in from another state, the relocation cost comparison puts it against what you pay today.
In more detail
The questions people bring to a first conversation.
- Do I need my own agent if I'm buying new construction?
- The person at the model home is the builder's agent. They are pleasant, they are helpful, and they represent the builder's interests, not yours. Bringing your own representation costs you nothing in most cases and gives you someone reviewing the contract, the lot, the incentive structure and the build itself on your side of the table. Register your agent on your first visit — most builders require it at first contact, and showing up alone first can forfeit it.
- How is a builder contract different from the standard form?
- Builders use their own contracts, not the TREC promulgated forms, and they are drafted for the builder. Expect differences in how delays are handled, what the deposit is and whether it is refundable, how change orders are priced, what the warranty covers, how disputes are resolved, and how much discretion the builder keeps over materials and finishes. Read it slowly, and have an attorney look at it if the purchase is significant. Nothing in it is promulgated, which also means more of it is negotiable than people assume.
- How much does lot selection matter?
- More than most of the finishes. Orientation, grade and drainage, what backs the property, proximity to the amenity centre or a main road, lot width and usable yard — those are permanent, and they follow the home into resale. Premiums are charged for the better ones and are frequently worth paying, because you cannot change a lot later. Walk it before you commit, at the time of day you would actually be home.
- Which upgrades are worth it and which are not?
- Worth it: anything structural or inside the walls — layout changes, added windows, ceiling height, electrical and data runs, plumbing rough-ins, garage extensions. Those are expensive or impossible to add later. Rarely worth the builder's price: appliances, light fixtures, window coverings, landscaping, and finish upgrades you could buy and install afterwards for meaningfully less. The design centre is where budgets quietly double, so set your number before you walk in.
- How do builder incentives and preferred-lender credits work?
- Builders protect the recorded sale price and compete on incentives instead: closing cost credits, design centre allowances, rate assistance, or included upgrades. Most of the larger incentives require using the builder's preferred lender and title company, which is legitimate — but compare the full offer against an outside lender's, because a credit can be offset by different terms. You are allowed to shop, and the comparison is the whole point. Run both loan estimates side by side.
- What are the build milestones and walkthroughs?
- Typically: lot release and permitting, foundation pour, framing, the pre-drywall walkthrough, mechanicals and insulation, drywall and finishes, then the final orientation walkthrough before closing. The pre-drywall walk is the one that matters most, because it is the last time anyone can see what is inside the walls. Take photographs of every wall before it is covered — they are useful for years afterwards, for hanging anything or diagnosing anything.
- Should I hire my own inspector on a brand-new home?
- Yes. Municipal inspections confirm code compliance, not workmanship, and new homes routinely have real findings. Hire your own inspector twice: once at pre-drywall, once before closing. It is a small cost against the price of the house, and issues found before closing are the builder's to fix under the contract rather than yours to argue about afterwards.
- What does a builder warranty cover?
- Most builders offer tiered coverage: a short period on workmanship and finishes, a longer one on systems like plumbing, electrical and HVAC, and a long structural period. The specifics are in your contract and the warranty booklet, including how a claim is submitted and what the deadlines are. Submit warranty items in writing, keep the record, and get the short-term items in before that first window closes — it goes faster than people expect.
- What happens if the build runs late?
- Delays are common, and what you are owed depends entirely on the contract — many builder agreements give wide latitude on completion dates and limit any remedy. The practical exposures are your rate lock expiring, your lease ending, and your own sale timing. Manage them by keeping the lock period realistic, avoiding hard commitments on the far end, and asking for written status at each milestone rather than relying on a verbal estimate.
- How is Kenny paid on a new build? / Who pays the agent on new construction? / Does the builder pay you? / Do some builders pay you a bigger commission, and does that change which communities you show me?
- Yes — what a builder offers an agent varies from builder to builder, and some offer more than others; Kenny says that plainly rather than pretend it is uniform. Three things are always true about it, and please hold him to all three. One: on new construction the builder funds that compensation, not you. Two: the amount he is paid is agreed with you in writing before you tour anything, and where a builder offers more than the agreed amount that is discussed and agreed in writing in advance too — you know the number before it applies, and it is never settled at the closing table. Three, and this is the one that answers your actual question: which community or builder he recommends is never determined by what that builder pays him. Builders get compared on product type, price range, design character, build quality and how they have handled timelines and punch lists. Compensation is negotiable and is not set by law, and I won't quote a figure — that number belongs in your agreement rather than in a chat window. It is set out on /new-construction.
- ¿Cómo se le paga a Kenny en una casa nueva? / ¿Quién paga al agente con un constructor? / ¿Algunos constructores le pagan más comisión? ¿Eso cambia lo que me recomienda?
- Respuesta directa: sí — lo que un constructor ofrece a un agente varía de constructor a constructor, y algunos ofrecen más que otros. Kenny lo dice claramente en lugar de fingir que es igual en todos. Lo que eso no hace es decidir lo que él le muestra. Su compensación se acuerda con usted por escrito antes de visitar nada. En construcción nueva normalmente el constructor cubre esa compensación, y por eso tener su propia representación en una casa nueva casi siempre no le cuesta más — siempre que Kenny quede registrado con usted en el primer contacto. Si un constructor ofrece más de la cantidad ya acordada, eso se habla con usted y se acuerda por escrito por adelantado: usted conoce la cifra antes de que aplique, y nunca se resuelve en la mesa de cierre. La compensación es negociable y no la fija la ley, y no le voy a dar una cifra — ese número va en su acuerdo, no en un chat. Lo más importante: la comunidad o el constructor que Kenny recomienda nunca se decide por lo que ese constructor le paga a él. Los constructores se comparan por tipo de producto, rango de precio, carácter del diseño, calidad de construcción y cómo han manejado tiempos y listas de pendientes. Está explicado en /new-construction.
New construction
Asked and answered.
- Does using my own agent raise the price of the home?
- No. Builders price homes the same way whether or not a buyer brings representation, and most builder budgets already account for cooperating broker compensation. What changes is who is reading the contract on your side of the table. Compensation is negotiable and is agreed in writing before we take substantive action, and I will show you exactly how it is handled on the specific community you are considering.
- What happens if I already visited a community without an agent?
- Tell me before we do anything else. Most builders require registration at first contact, and once you have visited alone that community may treat you as their own buyer for a set period. Sometimes it can still be sorted out, often it cannot, and the honest answer depends on that builder's policy. It does not stop me representing you on other communities, and it is exactly why the first visit matters.
- Are builder incentives real or just marketing?
- Both, and separating them is a large part of the job. Builders protect the recorded sale price and compete on incentives instead — closing cost credits, design centre allowances, included upgrades, financing assistance. Some of those are genuine value and some are margin dressed up as a gift. Larger incentives often require the builder's preferred lender and title company, which is legitimate, and you are still allowed to compare the full offer against an outside lender's. Comparing them is the point.
- What is the pre-drywall walkthrough and why should I attend?
- It is the visit after framing and mechanicals but before the walls are closed up — the last time anyone can see what is inside them. Wiring, plumbing, bracing, insulation and anything that was built differently from the plan are all visible that day and invisible a week later. I attend it, I recommend an independent inspection at that stage as well as before closing, and I photograph every wall so you have the record for as long as you own the house.
- Do I need a written agreement before you take me to a builder?
- Yes. Texas law requires a written agreement between a buyer and a licensee before the licensee takes substantive action on the buyer's behalf, effective January 1 2026. That is clarity rather than paperwork: it states plainly that I represent you, for how long, and how my compensation is handled. Everything in it is negotiable, and I read it through with you before you sign it.
Next
Call before you tour, not after.
One conversation registers your representation, and everything after it — the contract, the lot, the incentives, the walkthroughs — has someone reading it on your side.