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Buying new construction is not a smaller version of buying a resale. It is a different transaction with a different contract, a different warranty, and a different set of deadlines. Most of what protects you happens before the slab is poured, and none of it comes automatically.
This page covers what I tell my own clients. It applies to any builder in the Houston area, not one community.
Do I need my own agent when buying new construction?
You do not need one, and you will almost certainly be better off with one. The important part is timing. Many builders ask that your agent be present or named on your first visit, and some will decline to work with an agent you bring in later. Registration rules are set by each builder rather than by Texas law, and they vary, so check the specific builder’s policy before you walk in.
Registering on visit one, even if you are only looking, keeps your options open. Builder registration and buyer representation are separate matters: registration governs how that builder handles your agent and whether it contributes toward your agent’s compensation. If you have already visited, contact me so we can review the builder’s policy, any agreements you have signed, and your options.
What your agent does for you and how they are paid is a separate question, settled in the written agreement the two of you sign before any showing. Builders often contribute toward a buyer agent’s compensation, but that is not automatic and it is not a guarantee that representation costs you nothing, so ask how it works with that builder and get the answer before you sign.
Who does the builder sales office work for?
The builder. The builder pays the person who greets you in the model home, and that person represents the builder. TREC takes the position that a builder’s own employee needs no real estate license to sell that builder’s houses, so the person walking you through may hold no license at all.
None of that makes them dishonest. Most are helpful and do their job well. They simply owe their duty to the other side of the table, and it is worth knowing that before you tell them your maximum budget.
What does Texas Senate Bill 1968 change for new construction buyers?
Senate Bill 1968 took effect on 1 January 2026 and amended the Texas Real Estate License Act at Occupations Code section 1101.563. A license holder must now have a written agreement with you before showing residential property, or before making an offer on your behalf if nothing gets shown. A model home is residential property. Texas REALTORS published a plain-English explainer of the change.
The same bill repealed subagency, the arrangement that used to let an agent work alongside you while legally owing loyalty to the seller. In practice this means the paperwork now comes at the start of the relationship rather than at the offer. I am a broker and not an attorney, so take the legal detail to one.
Do I need an inspection when buying new construction?
Yes, and you need more than one. The city or county inspects for code compliance. Code is a floor rather than a standard of workmanship, and a municipal inspector is not there for you specifically. An independent inspector is.
Texas licenses real estate inspectors through TREC, at three license levels, and every one of them works to a published Standards of Practice that sets a minimum rather than a ceiling. Hire yours directly. An inspector the builder recommends is being paid by someone with an interest in what the report says.
Three visits are the minimum I recommend when buying new construction:
- Before the pour. Forms, rebar placement and the plumbing set into the slab. Nobody can correct any of it later without breaking concrete.
- Pre-drywall. Framing, roof decking, and the electrical, plumbing and HVAC rough-in. This is the only time anyone sees inside the walls.
- Final walkthrough. Finishes, grading, drainage, and everything that belongs on the punch list before you close.
Builders vary in how they handle third-party inspectors. Some welcome them, some restrict site access for insurance reasons. Ask early, in writing, and get the answer before you sign rather than after.
How long does a builder warranty last?
Most run one year on workmanship, with longer terms on major structural items. They differ by builder, so read yours rather than assuming. The number that matters is the workmanship deadline, because that is the one that expires first and covers the things you will actually notice.
Book an inspection before that first year runs out, while defects are still the builder’s to fix. Buyers miss this deadline constantly and it costs them real money. Put the date in your calendar the week you close.
Is the contract different when buying new construction?
It can be. Read the actual contract rather than assuming it matches a resale form. Builders often use their own contracts, and terms vary.
Read the dispute resolution section closely. Builder contracts commonly require binding arbitration rather than court, and they often specify who selects the arbitrator and who pays the cost. Whether that helps or hurts you in a particular situation is a legal question. Have an attorney read the contract before you sign it. On a purchase this size, a few hours of an attorney’s time is cheap.
Are builder incentives worth taking?
Sometimes, and you cannot tell without doing the math. Builder incentives almost always require financing through the builder’s own lender. Rate buydowns and closing cost credits are real money, and the builder’s lender is often genuinely competitive.
Get a quote from an outside lender anyway and compare the total cost over the years you expect to own the house, not the headline discount. A large credit paired with a worse rate can cost more than a smaller credit paired with a better one.
One more thing worth knowing: builders would usually rather give you upgrades or closing costs than cut the base price, because the base price sets the comps for every other home in the section. That is why asking for the discount in a different form often works when asking for a price cut does not.
What is actually negotiable with a builder?
More than most buyers expect, and rarely the base price. Upgrades, closing costs, structural options, and the warranty are all worth asking about.
On more than one new build, I have gotten the builder to have their HVAC contractor write an extended parts and labor warranty. It’s not on any price sheet, no sales office offers it, and you only get it if somebody asks. Air conditioning is the system most likely to cost you money once the builder’s first year runs out, so it is the one worth pushing. No builder is obliged to say yes, and it costs nothing to ask.
What I do when you are buying new construction
I register with the builder on your first visit so the option stays open. I read the contract with you and flag the parts worth taking to an attorney. When the sales office promises something out loud, I hold the builder to it. That is the promise that tends to evaporate. I track the build, book the phase inspections, and sit in on the walkthrough. And I negotiate the things that are actually negotiable.
The sales office has an advocate. That is what they are. You should have one too.
Where builders are actively selling right now, I keep community guides with real sold data: Sunterra and Elyson in Katy, Cross Creek West in Fulshear, Austin Point in Richmond, and Del Webb Fulshear for buyers over 55.
Common questions about buying new construction
Can I use my own lender on a new build?
Usually yes, but the builder incentive may not travel with you. Ask what the incentive is worth in dollars if you use an outside lender, then compare.
Can I bring my own inspector?
Most builders allow it. Some restrict site access during construction. Ask before you sign and get the answer in writing.
Is a builder warranty the same as a home warranty?
No. A builder warranty covers defects in the home the builder constructed, for a set period. A home warranty is a separate service contract that covers repairs to systems and appliances. They are different products.
Should I still get a survey and title policy?
Yes. New construction does not exempt you from either, and easements, setbacks, and drainage issues show up on a survey long before they show up in your yard.
Interview me to help you find your next house
If you are considering new construction, interview me for the job of helping you find and buy your next house. We’ll discuss your priorities, the builders and communities you are considering, and how I would represent you through the purchase.
If the move also involves selling your current house, we can discuss how I would handle that sale.
Zach Emmanouil, Texas Realtor since 2002, Broker Associate at C.R. Realty, ZACH R E GROUP.