
Buying a new build home in Texas is exciting—fresh paint, modern layouts, shiny everything—but it also comes with its own maze of rules, builder contracts, timelines, and incentives. Below is a comprehensive buyer-focused FAQ designed to answer the questions you'll start asking once you begin touring model homes and talking to builders.
Don't Visit a Builder Without Your Agent! The on-site sales team is helpful, but they represent the builder. If you tour or register without your own agent, you can lose the ability to have buyer representation (and the negotiation leverage that comes with it). Get your agent involved before your first visit so you're registered correctly and protected from day one.
A new build home is a property that has never been lived in. This can include:
Yes—very different. With resale homes, you negotiate with a homeowner using standard resale paperwork. With new builds, you're negotiating with a builder whose contract is written primarily to protect the builder. The timelines, deposits, inspections, warranties, and negotiation strategies can be completely different.
A spec (speculative) home is a new build the builder started without a specific buyer. These homes are often closer to completion and can come with better incentives because the builder wants them sold quickly.
A home already under construction (or complete) with pre-selected finishes. It's usually faster to close and may come with stronger incentives, but you'll have less customization.
Typical timelines vary by builder, product type, and permitting area. As a general guide:
Weather, supply chains, labor availability, and city/county permitting can all affect timelines. Treat the timeline as an estimate and plan flexibility for delays.
Yes—because the builder's sales rep works for the builder. Your agent helps you compare communities, analyze incentives, avoid contract traps, choose lots wisely, coordinate inspections, and advocate through closing and warranty.
No. The builder's sales agent represents the builder—period. Their job is to protect the builder's profit, timeline, and legal position.
In most cases, no. The builder typically pays the buyer's agent commission, and the price is generally the same whether you bring an agent or not. Not bringing an agent doesn't usually save you money—it just removes your advocate. Builder pricing typically doesn't drop because you skip representation. You're usually giving up guidance and leverage—without saving money.
A good new-build agent will:
Before. Many builders require your agent to be registered on your first visit. If you walk in alone and give your name, the builder may refuse to allow agent representation later.
Many builders require you to register your agent on your first visit. If you don't, the builder may refuse to recognize your agent later. That can mean less protection and less negotiation help when it matters most.
Sometimes, but it depends on the builder's registration policy and what you signed. The safe move is to involve your agent before the first visit. Pro tip: Even if you've already visited a model home, reach out anyway. Depending on the builder's registration policy, representation may still be possible.
Yes—but not by guessing. Experienced agents know which builders negotiate, when incentives are strongest, and how to structure requests builders actually accept. That knowledge can save real money.
Sometimes—but often not in obvious ways. Builders are frequently more flexible with:
They are often less likely to reduce the advertised base price, especially in strong markets. On quick move-ins, you may have more leverage depending on inventory levels and timing (month/quarter-end can matter).
Incentives often come with rules—like using a preferred lender, closing by a specific date, or buying certain inventory homes. Your agent helps compare the true net cost (price + fees + rate + credits), not just the headline offer.
It varies by builder and community, but commonly:
Some deposits may become non-refundable after certain milestones.
Often no. Many builder contracts specify when deposits become non-refundable—sometimes immediately after signing or after design selections are finalized. Some become non-refundable quickly (especially after options are ordered). Make sure refund terms are clearly written in the contract and addenda before you sign. Always confirm in writing before you sign.
Some are. Some are wildly overpriced. Typically:
A new-build-focused agent can help you prioritize what truly matters.
Some do (layout/structural upgrades, functional features), and some are mostly personal taste. Your agent can help prioritize upgrades that are useful to future buyers and avoid overspending on trendy finishes.
No—but builders often offer incentives if you do. It's important to compare:
Sometimes the incentive doesn't actually save you money long-term once you account for rate and fees. If incentives require a preferred lender, compare at least one outside lender so you can measure total cost (rate, points, lender fees, and credits).
Yes, but long-term rate locks may cost more, require extensions, and have stricter conditions. Aligning your lock strategy with your build timeline can prevent expensive surprises. Rate locks depend on your timeline—quick move-ins may lock sooner, while longer builds may need extended locks (often with fees). Your agent and lender can coordinate a lock strategy based on estimated completion and risk buffer.
That's a real risk on longer builds. Some builders/lenders offer float-down options; others don't. Plan for rate movement, keep reserves, and avoid stretching to the maximum approval amount.
Often yes, because taxes are based on improved property value. Early estimates sometimes show land-only or partial assessments. Confirm how taxes are estimated for escrow so you aren't surprised after closing.
Parts of it sometimes can be, but most builders use their own contracts (not standard resale paperwork). These contracts often:
This is where having your own agent matters enormously—someone who can spot risky clauses and explain them in plain English. Many builders keep contracts mostly standard, but some terms can be influenced through addenda, incentives, or selections. Your agent helps you understand what's flexible and what's a hard "no."
Some contracts allow price increases due to:
A good agent watches for these clauses and explains the risk before you sign.
Yes—and it happens. Contracts often allow extensions for weather, labor shortages, material delays, and permitting issues. Your agent can help hold the builder accountable to the contract terms and keep timelines documented.
Missed financing timelines, option deadlines, or failure to close by the contract date can trigger penalties. The key is understanding the timeline early and staying ahead of lender and documentation requirements.
It's the date you must finalize structural/design choices. After that, changes may be limited, expensive, or impossible. Miss the deadline and you may lose certain customization opportunities.
Some contracts allow substitutions for availability. Review what the builder can change without your approval and keep everything in writing. Your agent helps you document selections and confirm what's included.
Treat verbal statements as "interesting but not real" until they're in writing. If it matters—price, incentives, finishes, lot boundaries, timelines—get it documented.
A lot premium is an extra cost for a more desirable lot (greenbelt, corner, cul-de-sac, larger size, view). Sometimes it's worth it for privacy and future resale appeal; sometimes it's overpriced hype. We evaluate it case-by-case.
Ask for community maps, future phase plans, and any public planning info that applies. "Empty land" is not a permanent feature. Your agent helps you ask the right questions and document what you're told.
Eventually—but not right away. Expect ongoing construction, dust/noise, and amenities that may be delivered in phases. Ask for the community plan, future phase map, and estimated timelines.
Yes. Builders often reserve the right to adjust plans, amenities, lot layouts, elevations, and density. Understanding this upfront prevents surprises later.
Early phases offer the best lot selection but may have construction around you for years. Later phases can have fewer choices but more predictable surroundings. We balance selection vs. disruption based on your lifestyle.
Not always. HOA dues can increase as amenities are completed or maintenance costs rise. Review the HOA documents and budget assumptions carefully.
Yes. Many HOAs require approval for major exterior changes. Verify setback rules, fencing, and design guidelines before you assume you can add features later.
Absolutely. New homes are not immune to defects. Common inspections include:
Inspectors often find issues even in brand-new homes—catching them early is the whole point. New doesn't mean flawless. Many buyers do a pre-drywall inspection (if allowed) and a final inspection prior to closing. It's one of the best ways to catch issues early and document repairs.
It happens before insulation/drywall goes up, so an inspector can see framing, electrical, plumbing, and HVAC rough-ins. Fixing issues is usually easier (and cheaper) at this stage.
Policies vary. Some allow inspections with notice; some restrict timing or access. Confirm inspection rights in writing before you sign. Your agent helps you understand what's permitted and how to schedule it.
A written list of items to fix (paint touch-ups, missing hardware, misaligned doors, cosmetic flaws, etc.) created during walkthrough. Your agent helps document it clearly so nothing "mysteriously disappears" later.
Most builders offer warranties that commonly look like:
Coverage details vary—what's excluded matters just as much as what's covered. Read the warranty booklet and know how to submit claims, deadlines, and exclusions.
This depends on the contract. Options may include renegotiation, the buyer paying the difference, or the builder making concessions—builder contracts often protect the builder first. If the appraisal comes in low, builders don't always reduce price the way resale sellers might. This is where choosing the right comps, incentives, and strategy matters.
You and your agent inspect the finished home, verify included items, and document anything incomplete or defective. That punch list is your leverage—use it carefully before you close.
Sometimes, but builder contracts can be strict. The best approach is documenting issues clearly and negotiating completion/repair commitments. Your agent helps protect you from closing on unresolved problems when possible.
Often yes, especially to confirm lot boundaries, easements, and improvements. Ask what the builder provides and what your lender/title requires.
Often partial. Some packages include appliances; many do not include blinds or a fridge. Verify what's included on your specific home, not the model home.
Ask about insulation type, window specs, HVAC zones, and whether the home has fresh-air intake features. Efficiency is great—but comfort depends on correct sizing and good installation.
Final Thought: Buying a new build home in Texas can be an incredible opportunity—but it's not as simple as picking a floor plan and signing paperwork. Builder contracts are complex, timelines are fluid, and incentives aren't always what they seem. Having a real estate agent on your side doesn't complicate the process—it balances it. One side already has lawyers, sales teams, and decades of experience. You deserve the same level of representation.
The smartest new-build buyers don't just fall in love with the model home. They protect the decision with expertise.
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