Buyer's guide
Is a Buyer's Agent Free on New Construction in Austin?
Who pays, where it is written down, and the cases where it is not free
By William Zhang, Austin Realtor · Updated
The short answer
On most Austin new construction, yes. The builder pays the buyer agent's fee from its marketing budget, and the sales price is the same whether or not you bring an agent. Since August 2024 you sign a written buyer representation agreement before touring, and that agreement states the agent's fee and who pays it. It stops being free when you visit the builder alone first, or when a builder pays less than your agreement states.
Who actually pays
Builders budget for buyer agent fees the same way they budget for model homes and signs. It is a cost of selling houses, and it is already in their pricing whether you use it or not.
That is the part most buyers miss. Walking into the sales office alone does not get you a discount. The builder simply keeps the money.
Where it is written down
Since the 2024 changes to how buyer agents are paid, Texas buyers sign a written buyer representation agreement before touring homes with an agent. The agreement states what the agent is paid and how.
On new construction, the builder offers the fee in writing too, usually on its agent registration or broker participation terms. Ask to see both before your first visit, so you know the number on each side.
When it is not free
- You toured the community alone and signed the guest book. Many builders then refuse to pay a buyer agent on that community, so representation would come out of your pocket or not at all.
- The builder pays less than your representation agreement states. The agreement says what happens to the difference. Read that clause before you sign, and ask the agent how they handle it.
- A small or custom builder that does not work with buyer agents at all. This is rare in the Austin master plans but common with one-off lot builders.
What you get for it
Someone on your side of the negotiation, which on new construction is mostly about the incentive package rather than the price. Someone who prices the builder's loan against an outside lender. Someone at the inspection and the walkthrough making sure problems are written down.
The full list is in the guide on whether you need an agent at all.
I am a licensed Texas real estate agent, not an attorney. Nothing here is legal advice, and I do not interpret builder contracts, addenda or warranty terms — that is a real estate attorney's job, not mine. What I can do is represent you through the negotiation, the inspection and the walkthrough, and tell you when something belongs in front of a lawyer.
Answered
Does using a buyer's agent raise the price of a new build? ▾
No. The builder pays the buyer agent fee from its marketing budget, and the price is the same with or without an agent. Buyers who arrive alone do not get the fee back as a discount.
Do I have to sign a buyer agreement for new construction in Texas? ▾
Yes, if you want an agent to represent you. Since August 2024, buyers sign a written buyer representation agreement before touring, and it states what the agent is paid. On new construction the builder usually pays that fee.
What if the builder pays less than my agreement says? ▾
Your buyer representation agreement says what happens to the difference. Read that clause before you sign it and ask your agent how they handle it. Have a real estate attorney review it if anything is unclear.
Can I get the commission as a discount if I go alone? ▾
Almost never at the large Austin builders. The fee is a marketing budget item, and builders do not lower the price for unrepresented buyers. You give up representation without getting the money.
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Reviewed and updated October 5, 2026.