Buyer Resources
New Construction
Buyer FAQ
Representation
-
Many buyers choose to have their own representation when buying new construction because the builder's sales team represents the builder, not the buyer. A buyer's agent may help evaluate contract terms, timing, incentives, and transaction issues based on the buyer's interests.
You are not legally required to have an agent — but going without one means navigating a builder-designed process without anyone whose legal obligation runs to you.
-
A builder's sales agent is employed by or contracted with the builder and has a legal duty to the builder. A buyer's agent is legally obligated to represent the buyer's interests under the terms of a written representation agreement.
In new construction, having only the builder's agent present means the buyer has no independent representation. The builder's sales team cannot flag terms that disadvantage you, negotiate against the builder, or act as your advocate in any dispute.
-
You can. But new construction involves builder-drafted contracts, registration rules, construction milestones, inspection timing, and incentive tradeoffs that may arise less often in resale transactions. An agent who is excellent in resale may still have limited exposure to some builder-specific processes.
Buyers purchasing new construction should ask their agent directly about their recent new construction transaction history — not just whether they've worked with new construction buyers, but how many transactions, which builders, and what their process is at each milestone.
-
Builder contracts are typically drafted by the builder and designed to protect the builder's interests. Without a buyer's agent, risks include signing one-sided cancellation clauses, missing negotiable incentives, paying for upgrades that could have been included, and having no advocate during construction delays or quality disputes.
New Home Hero exists specifically to close this protection gap for new construction buyers.
Builder Registration Rules
In many new construction communities, walking into a model home without a registered buyer's agent — even just to look — is treated as first contact that may trigger registration cutoff. After that point, the buyer may have no path to independent representation in that transaction.
This rule is set by the builder. It is often not disclosed. And it is frequently triggered before buyers realize it exists.
-
Many builders require you to name your agent on your very first visit to a model home or sales center. If you walk in without one — or with an agent who isn't registered — you may lose the right to independent representation entirely.
This is why timing matters more in new construction than in any other type of home purchase. The registration window doesn't reopen.
-
You may still be eligible for representation — but timing matters. The sooner you connect with a Hero Agent, the more options you have. Fill out the form and we'll let you know where you stand.
Some builders allow an agent to be added within a short window after first contact. Others treat first visit as a hard cutoff. Don't assume — find out.
-
Builders generally cooperate with buyer agents, but each builder sets its own rules around registration, commission, and access. Some require registration before your first visit. Others have specific deadlines. A Hero Agent already understands these rules for the builders in your market and knows how to navigate them before they become a problem.
The Build Process
-
The most important thing: don't sign anything or provide your information to the builder's sales team until you understand the registration rules in that community. In some communities, buyers can limit or lose representation options before they realize registration rules may apply.
Connect with a Hero Agent first — even if you're just starting to look.
-
There's a narrow window during construction — after framing, plumbing, and electrical are in but before drywall covers everything — when an inspection can catch structural problems that would be invisible after completion. Broken trusses, missing insulation, plumbing errors.
Once the walls go up, these issues become hidden and expensive. Many buyers are unaware this inspection window exists — and that it closes permanently once drywall begins.
-
Not necessarily. Builder incentives can be valuable, but their actual benefit depends on the full transaction structure — including price, financing terms, closing costs, upgrades, lot premiums, and other concessions. Buyers should evaluate the complete offer rather than focusing on a single advertised incentive.
-
Builder contracts are typically builder-drafted forms, and the degree of flexibility varies from one builder or community to another. Some terms may be more standardized, while others may allow limited adjustment depending on the circumstances.
Buyers should review the contract carefully and seek appropriate professional guidance on the terms, deadlines, and obligations involved — before signing.
-
Post-closing issues can range from minor punch-list items to warranty-related concerns or larger repair questions. The process for addressing those items will depend on the builder's warranty procedures, the purchase agreement, documentation, timing, and the nature of the issue.
Buyers should keep records, submit concerns promptly in writing, and follow the procedures outlined in their closing and warranty materials. An 11-month independent inspection — before the one-year builder warranty expires — is worth scheduling for most new construction purchases.
Cost & Compensation
-
Having a buyer's agent does not automatically cost more in a new construction transaction. Having your own representation does not automatically increase the purchase price.
In many new construction transactions, the builder offers compensation to a cooperating buyer's broker. This does not automatically increase the buyer's purchase price. Your agent will disclose and discuss all compensation arrangements with you before you commit to representation.
-
Buyer-agent compensation in new construction is not fixed and can vary by builder, community, market, and transaction terms. In many cases, the builder may offer compensation to a cooperating broker, but buyers should not assume the amount, availability, or structure will be the same in every transaction.
Representation terms should be reviewed directly with the agent and brokerage before committing.
-
In many cases, buyer-agent compensation is offered by the builder or seller, though terms can vary by builder, brokerage, and state. Buyers are not charged a separate fee for New Home Hero's referral service.
Builder's Agent vs. Buyer's Agent
Builder registration rules don't wait. Get matched before your first visit.
This FAQ is provided for general educational purposes only and is not legal, tax, lending, or brokerage advice. Agency relationships, compensation, and representation terms are established by separate written agreements with the applicable licensed brokerage. New Home Hero connects buyers with licensed real estate professionals providing buyer representation in new construction transactions. New Home Hero is not affiliated with builders or developers. New Home Hero may receive referral compensation from participating brokerages in accordance with state law.