The Agency Team, a Houston real estate brokerage that helps buyers purchase new construction homes

Do You Need a Realtor for New Construction in Houston?

By The Agency Team ·

You do not have to bring a realtor to a model home. In Houston you usually should, and the time to bring one is the first visit, before you fill out the visitor card. The sales rep at the desk works for the builder, and some builders will not recognize your own agent if you walked in alone first.

Here is how that works, what changed in Texas this year, and what a buyer’s agent checks on a new build before you sign anything.

Who does the model home sales rep work for?

The sales rep works for the builder. That is the job, and most reps do it honestly and well. Chase’s homebuying guide says it plainly: builder sales agents usually represent the builder, not the homebuyer.

That matters once the questions get hard. Is the lot premium worth it? Is a closing cost credit better than a lower price? Which upgrades will a future buyer pay you back for? The person across the desk is paid to close the builder’s sale, so they are the wrong one to ask.

Your own agent answers those questions for you. They set the builder’s price next to recent sales nearby and show you where there is room to ask for more. If you are still choosing who to build with, our guide to the best home builders in Houston is a good place to start.

Why does the first visit matter?

Many builders decide whether to work with your agent based on who brought you in the door. If you sign in alone, the builder may treat you as an unrepresented buyer in that community from then on.

Here is one published example. Homebound’s broker policy says the agent must “physically accompany and personally register” the buyer on the first visit. It also says no referral fee is paid if the buyer visited that community earlier without the agent.

Rules like this differ by builder and can change without notice. So call your agent before you tour. If you already visited a community, say which one, and your agent can ask the builder where you stand.

What changed about hiring a buyer’s agent?

You now sign a written agreement with your agent before you tour. NAR’s settlement rules started asking buyers to sign one before touring a home on August 17, 2024. Texas made it state law on January 1, 2026, when license holders became required to have a written agreement with a residential buyer before showing them property.

That agreement must say, in conspicuous language, that broker compensation is not set by law and is fully negotiable. Read it before you sign and ask about anything that is unclear.

On a new build, how your agent gets paid depends on two things. One is what you agree to in writing. The other is what the builder’s broker program offers, if it has one. Ask your agent to get that answer from the builder before your first tour, so nothing about money is a surprise later.

Is the builder’s contract the same as a resale contract?

Often it is not. Texas has a state form for new homes, the TREC New Home Contract (Incomplete Construction). The current version is 23-20, mandatory as of July 1, 2026.

Texas rules also let a property owner require a contract form that the owner prepared or had an attorney prepare. A builder selling homes it owns is the property owner. So the contract in front of you may be the builder’s own document, drafted for the builder.

Read the parts on deposits, completion dates, what happens if the build runs late, and when your inspector may visit. Your agent should go through it with you before you sign and tell you when a question belongs with a real estate attorney.

When should a new build be inspected?

A brand new house still needs your own inspector, and the best time is while the walls are open. Houston inspectors commonly offer three visits, often called phase inspections.

StageWhen it happensWhat the inspector looks at
FoundationBefore the slab is pouredForms, steel reinforcement or post tension cables, moisture barrier, plumbing in the slab
FramingBefore drywall goes upFraming, wiring, plumbing, ductwork, windows and doors
FinalBefore closingEverything you can see, from finishes to grading

Once concrete is poured or drywall is hung, those parts of the house are hard to check again. Look for the clause in the builder’s contract that says whether each visit is allowed and how much notice the builder wants.

What should you ask about MUD taxes?

Many new Houston communities sit inside a municipal utility district, or MUD. A MUD sells bonds to pay for water, sewer and drainage, and sometimes roads and parks. Owners pay those bonds back through a MUD tax, on top of their other property taxes.

Texas Water Code requires the seller to give you a written MUD notice before you sign a binding contract. The notice lists the district’s current tax rate on each $100 of value, plus the bonds voters approved and the bonds already issued. If you do not get it before you sign, the law gives you the right to terminate the contract.

Two homes at the same price can carry very different tax bills. If you are comparing communities in Cypress or Pearland, ask for the MUD rate on each one and run the monthly payment with it included.

Should you use the builder’s lender?

Builders often tie their best incentive, like a closing cost credit or a reduced rate, to using their preferred lender. That can be a good deal. It can also cost more than it saves if the rate or fees are higher than you would pay elsewhere.

The way to know is to compare. The CFPB suggests getting Loan Estimates from more than one lender. Put the builder’s lender next to an outside one and compare the rate, the fees and the cash you need at closing, with the incentive counted. Our Houston closing costs guide for buyers shows what goes into that last number.

How do you start with The Agency Team?

Call us before your first model home visit. We talk through the communities you like, ask each builder about its current broker policy, and sign the written agreement with you so compensation is settled up front. Then one of our agents goes with you to register you on that first visit.

The Agency Team is a Houston brokerage led by Broker and CEO Waldina Galeano, TREC Broker License #665052. Our 50+ agents have closed more than $550 million in home sales from 2023 to today, and our team includes bilingual agents who work in English and Spanish. Our new construction page has more on buying a new build with us, or call (832) 207-3277.

Have a question about a specific address? Call (832) 207-3277 or send us a message and an agent will get back to you.

Frequently Asked Questions

Does it cost more to use a realtor for new construction?

It depends on two things: what you agree to with your agent and what the builder's broker program offers. Texas requires the written agreement to say that broker compensation is not set by law and is fully negotiable. Some builders pay a buyer's agent through their broker program and some do not, so ask before the first tour and get the answer in writing.

Can I add a realtor after I already visited the builder?

Sometimes, but not always. Some builders only work with an agent who came with you on your first visit to that community, and they may treat you as an unrepresented buyer if you signed in alone. Policies differ by builder. If you already toured somewhere, tell your agent which communities, and they can ask each builder where you stand.

Do I need a home inspection on a brand new house?

Yes. A new house can still have mistakes, and the cheapest time to catch them is before the slab is poured and before the drywall goes up. A private inspector works for you, not for the builder. Check the builder's contract first, because it controls when your inspector can visit the site and how much notice the builder wants.

Do I have to sign an agreement before an agent shows me model homes?

Yes. As of January 1, 2026, Texas law requires a license holder to have a written agreement with a residential buyer before showing them property. The agreement must state that compensation is negotiable. At The Agency Team we sign it with you before the first model home visit, so the terms are settled before anyone registers you with a builder.

Do your agents speak Spanish?

Yes. The Agency Team has bilingual agents who work in English and Spanish, from the first model home visit through the builder's contract and closing. Call (832) 207-3277 and ask for a Spanish speaking agent if you prefer to do the whole process in Spanish.

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