Yes, you can buy a new build in San Antonio before you sell your current home. The usual ways are to qualify for both payments, use a sale contingency if the builder will accept one, or time the sale of your current home to the builder’s completion date. Texas has a promulgated form for this, the TREC Addendum for Sale of Other Property by Buyer, but many builders use their own contracts and decide for themselves whether to accept a contingency. Here’s how each option works and where the risk sits.
Brock Bremmer | U.S. Air Force Reserves Veteran | Real Estate Agent | eXp Realty | San Antonio Metro Area
New Construction & Home Seller Specialist
Also see: How to Sell Your Home in San Antonio | Quick Move-In vs. Build | Getting Your Earnest Money Back
What Are Your Options for Buying Before You Sell?
Most move-up buyers I talk to have equity in their current home and want to use it on the next one. There are four common ways to handle it:
| Option | How it works | Main risk |
| Qualify for both payments | Your lender approves the new loan while you still own the old home | Carrying two payments if the sale takes longer |
| Sale contingency | Your purchase depends on your current home selling | Many builders won’t accept it, or will limit it |
| Time it to the build | List your home so it closes near the builder’s completion date | Build delays or a slow sale throw off the timing |
| Bridge loan or HELOC | Borrow against your current home’s equity for the down payment | Extra debt and costs; terms vary by lender |
None of these is “right” for everyone. It comes down to your equity, your income, how fast homes like yours are selling, and how flexible the builder is.
How Does a Sale Contingency Work in Texas?
TREC’s Addendum for Sale of Other Property by Buyer (TREC No. 10-6) makes the purchase contingent on you receiving the proceeds from your current home by a set date. TREC notes that date should be no later than the closing date. Here’s how it works:
- If your home doesn’t sell in time and you don’t waive the contingency, the contract ends automatically and your earnest money is refunded.
- If the seller gets another written offer, they can notify you and require you to waive the contingency within the number of days written in the addendum. If you don’t waive, the contract ends and you get your earnest money back.
- To waive, you notify the seller in writing and deposit the additional earnest money written in the addendum.
- Once you waive, if you can’t close only because your home didn’t sell, you’re in default, and the seller can use the contract’s default remedies.
The addendum also says “time is of the essence,” so the deadlines are strict. This form pairs with TREC’s resale contract and its new home contracts. For a to-be-built home, that’s TREC No. 23-20 (Incomplete Construction), and for a finished home it’s TREC No. 24-20 (Completed Construction), both effective July 1, 2026.
Will a San Antonio Builder Accept a Home-Sale Contingency?
It depends on the builder, and sometimes on the specific home. TREC rules let a license holder use a contract prepared by the property owner, so most large builders use their own contracts instead of the TREC forms. Whether those contracts allow a sale contingency, and on what terms, is up to the builder. Policies can differ between to-be-built homes and finished quick move-ins, so ask about the specific home.
Ask early, before you fall in love with a lot. Get the builder’s answer in writing, along with the deadlines and what happens to your earnest money and design deposits if your sale falls through. I explain how builder negotiations work in my video The Truth About Making Offers on New Construction Homes in San Antonio.
Can You Qualify for Two Mortgage Payments?
If your income and debt-to-income ratio can carry both homes, you can skip the contingency entirely, and that usually makes your offer cleaner. Lenders and loan programs can treat your existing payment differently, for example when your current home is already under contract or will be rented out. Ask your lender exactly how they’ll treat your current home before you sign anything. If you’re comparing the builder’s lender with an outside one, ask both. Here’s my guide to builder lenders.
VA borrowers have one more path. You may be able to keep your current home and buy again with your remaining entitlement. My post on using your VA loan again while you still own your first home explains how.
How Do You Time Your Sale to a New Build?
This is where new construction can help. A to-be-built home gives you months between signing and closing, and TREC’s Incomplete Construction contract has blanks for the start date and the date the home must be ready. That gives you a window to prepare, list, and close on your current home. Here’s how I’d sequence it:
- Get a pricing plan for your current home so you know your likely equity before choosing a plan and lot.
- Sign on the new build and get the builder’s estimated completion date in writing.
- Prep your current home while the new one is being framed. Repairs, cleaning, and photos take longer than people expect.
- List when the builder can give a firmer date, usually once the home is well underway. Ask how they communicate schedule changes.
- Negotiate a leaseback if you need one. TREC’s Seller’s Temporary Residential Lease (TREC No. 15-7) lets you stay in the home you sold for up to 90 days after closing, with daily rent paid at funding.
Building times vary a lot, and delays happen. Plan a cushion on both ends. My guide to selling in New Braunfels covers prep and pricing, and the Texas option period post explains your buyer’s early exit right.
What Happens if Your Home Doesn’t Sell in Time?
It depends on what you signed. With a TREC sale contingency you haven’t waived, the contract ends and your earnest money comes back. With a builder contract and no contingency, you may still be on the hook to close, and the builder’s default terms apply. That’s why it matters to know which deposits are refundable, especially non-refundable design or upgrade deposits, before you choose finishes.
Frequently Asked Questions
Do builders in San Antonio accept home-sale contingencies?
Some do and some don’t. Most large builders use their own contracts, so whether a sale contingency is allowed, and its deadlines, is set by the builder. Ask before you pick a lot and get the terms in writing.
What happens to my earnest money if my house doesn’t sell?
Under TREC’s Addendum for Sale of Other Property by Buyer, if the contingency isn’t met or waived by the deadline, the contract ends automatically and your earnest money is refunded. If you waive it and then can’t close because your home didn’t sell, you’re in default.
Ready to Plan Your Move-Up Purchase?
Brock Bremmer with eXp Realty is a U.S. Air Force Reserves veteran who has helped buyers and sellers close 120+ homes across the San Antonio metro. He helps homeowners price and sell their current home and line it up with a new build in San Antonio, New Braunfels, and Boerne.
- 📞 Call or text: 210-501-5088
- 📧 Email: [email protected]
- 📅 Schedule a free consultation
Also see: Inspections on a New Build | The Texas Seller’s Disclosure | Buyer Representation Agreements
Sources: TREC Addendum for Sale of Other Property by Buyer, TREC No. 10-6; TREC Seller’s Temporary Residential Lease, TREC No. 15-7; TREC New Home Contract (Incomplete Construction), TREC No. 23-20; TREC contract forms and effective dates.