Do You Need a Realtor to Buy New Construction in Texas?

by Dave Budny

You don't have to use one, but most buyers should. The sales rep in the model home works for the builder, not for you. Your own agent negotiates, reads the builder's contract and checks the PID, lot premium and inspection details, and in most Ellis County communities the builder pays that agent's fee. The catch: bring your agent on your very first visit.

Who does the builder's sales rep work for?

The friendly person at the sales desk is paid by the builder and represents the builder. That's not a knock on them. Many are great at what they do. But their job is to sell that builder's homes at that builder's prices, on that builder's contract. They won't tell you that a competing community down the road has a lower tax rate, or that the "free" upgrade package is worth less than a rate buydown.

In Waxahachie alone there are more than 20 builders working in communities from Saddlebrook on the south side to North Grove on the north end, and close to 40 new home communities are listed in the Midlothian 76065 ZIP code. With that many choices, it helps to have someone who isn't tied to any one of them.

Who pays your agent on a new build?

In most Ellis County new-home communities, the builder pays the buyer's agent fee.

That said, it's never automatic. Since January 1, 2026, Texas law requires your agent's pay to be spelled out in a written agreement, and the agreement has to say that broker compensation is not set by law and is fully negotiable. Before we tour a single model, we confirm in writing how the builder handles agent fees on that community so there are no surprises at the closing table.

Why does your first visit matter so much?

This is the part that catches people. Most builders have a broker registration policy, and many of them say your agent must come with you, or register you, on your first visit to the community. Some let an agent register you online ahead of time, but then you usually need to visit within a short window, often around 48 hours. Registrations can also expire, commonly after about 30 days, and need to be renewed.

If you stop by a model on a Saturday afternoon "just to look" and sign the guest card without your agent, the builder may decide you're its customer, not your agent's. Then the builder may refuse to pay an outside agent at all, and you're on your own for the rest of the process.

The simple fix: send your agent a text before you walk into any model home. A good agent can usually register you by phone or email the same day.

What has to be in writing in Texas now?

Texas changed the rules for buyers on January 1, 2026. Before an agent shows you any home, or writes an offer for you, you need a written agreement with that agent. It has to list:

What the agreement must say	Why it matters on a new build
The services the agent will provide	Make sure it includes contract review and walkthroughs, not just showings
An end date	Builds take months, so the agreement should cover the build or be easy to extend
Exclusive or non-exclusive	Tells you whether you can work with other agents at the same time
Whether the agent represents you	A showing-only agreement means the agent can't advise you
How much the agent is paid and how	Often paid by the builder, but it has to be in writing

There's also a showing-only option where the agent opens a door but does not represent you or give advice. That agreement can last no more than 14 days. On a new build, where the contract and the build process run for months, you'll almost always want full representation instead.

What does your own agent actually do on a new build?

Here's what we handle for buyers in Waxahachie, Midlothian and the rest of Ellis County:

Compare communities side by side, including ones from builders you haven't visited yet.
Read the builder's purchase agreement with you. Builders usually use their own contract, not the standard Texas forms.
Check the lot premium, the PID notice and the HOA dues for the exact lot, and add them into the true monthly payment.
Push on incentives. Builders often offer rate buydowns or closing cost help, especially on finished homes, and a buydown can lower your payment more than a price cut.
Line up third party inspections at the pre-drywall stage and before closing. A new home still gets its own inspection.
Keep your deadlines and walkthroughs on track until you get the keys.

Dave also runs a general contracting and metal roofing business, so he looks at framing, roofing and drainage with a builder's eye and can tell you which upgrades are worth paying the builder for and which are cheaper to add after closing.

What should you check in Ellis County specifically?

A few local issues come up again and again:

PIDs. Many large Waxahachie master plans are financed with a Public Improvement District, which adds an annual assessment for 20 to 30 years. That can take the effective tax rate from about 2.05 percent to 2.5 percent or higher. A few communities, including Sunrise at Garden Valley, Sheppard's Place and Peaks at Lone Elm, advertise no PID or MUD.
School zones. Waxahachie ISD is opening a second high school, Waxahachie Creek High School, for the 2027-28 school year, and attendance zones will be redrawn. Ask which high school a lot will feed.
Lot premiums. Pond, greenbelt, corner and oversized lots often cost extra, and the premium isn't always on the price sheet.
Inventory. NewHomeSource counted about 609 move-in ready new homes in Waxahachie in October 2026. With that much finished inventory, there's room to negotiate if someone is negotiating for you.

Can you skip the agent and get a better deal?

It's fair to ask the builder whether the price changes if you come without an agent. Get the answer in writing. In many communities the price and incentives are the same either way, which means skipping representation just gives up the help without saving anything. If a builder does offer something, weigh it against what an agent would catch in the contract, the lot premium and the inspections.

FAQ

Is it free to use a realtor for new construction in Texas?

Often, yes. In most Ellis County communities the builder pays the buyer's agent fee. Texas requires that arrangement to be in a written agreement, and the amount is negotiable, so confirm it before you tour.

What if I already visited the model home without an agent?

Call your agent right away. Some builders will still honor a registration if the agent contacts them quickly, and some won't. It depends on the builder's policy and how long ago you visited.

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

Yes. City inspections check code minimums, not workmanship. A third party inspection before the drywall goes up and another before closing can catch problems while the builder still has to fix them.

Talk to Dave before your first model visit

Thinking about a new build in Waxahachie, Midlothian or anywhere in Ellis County? Send Dave a message before your first model home visit so you're registered from day one. Selling your current home first? Start with a free home value estimate.