To get paid on a new construction deal as a buyer’s agent in San Antonio, you have to be documented with the builder before or at your buyer’s first contact, you need a written agreement with your buyer before you show, and you need the builder’s cooperating broker terms in writing before the contract is signed. When an agent gets left out of a new build deal, timing is usually the reason. Here’s the process I use, based on what the builders and TREC actually publish.
Brock Bremmer | U.S. Air Force Reserves Veteran | Real Estate Agent | eXp Realty | San Antonio Metro Area
New Construction Specialist
Also see: Builder Lenders vs Outside Lenders | Inspections on New Construction | VA Loans on New Construction
Why Is New Construction Different for Buyer’s Agents?
On a resale, the listing agent, the MLS, and the TREC resale contract set the terms. On new construction, the builder writes the rules. Each builder has its own registration policy, its own purchase agreement, its own preferred lender and title company, and its own sales team in the model home.
The sales team isn’t working against you, but they represent the builder. If your registration isn’t on file the way the builder requires, the builder’s policy decides whether you get paid, not your buyer’s intentions.
My business centers on new construction around San Antonio, New Braunfels, and Boerne, and many of my buyers find me through YouTube and TikTok. Buyers who find you online often want to tour on their own first. That’s the moment a lot of agents lose the deal.
What Do Builder Registration Policies Usually Require?
Every builder’s policy is different, so read the one for the community you’re showing. Lennar’s published Broker Participation Policy is a good example of the details that matter:
- Co-op isn’t guaranteed: Lennar says it doesn’t pay cooperating brokers in every community
- First interaction: The broker has to be documented at the buyer’s first interaction with Lennar, whether that’s a first contact, an internet sales conversation, a first visit, or a virtual tour
- First visit: The agent has to go with the buyer on the first visit
- Time limit: Registration lasts 60 days and can be extended another 60 days if the agent goes with the buyer again
- Written agreement: A Cooperating Broker Agreement has to be signed before or at the time of the purchase contract
- Closing: The buyer has to sign within the registration period, and the home has to close
Lennar also states that booking an appointment on its website isn’t a registration. If your buyer chats with an online sales counselor at 10 PM and you aren’t documented, that can count as the first interaction.
What Does Texas Require Before You Show a New Build?
Starting January 1, 2026, Texas Occupations Code Sections 1101.562 and 1101.563 require a written agreement with a residential buyer before you show a property, or before you present an offer if you didn’t show one.
Per TREC, the agreement has to include:
- Services: What you’ll do for the buyer
- Term: When the agreement ends
- Exclusivity: Whether it’s exclusive
- Representation: Whether you represent the buyer
- Compensation: The amount or rate and how it’s determined
- Negotiability notice: A conspicuous statement that compensation isn’t set by law and is fully negotiable
TREC also allows a showing-only agreement that doesn’t create representation. It has to be non-exclusive and can last no more than 14 days, and you must provide the Information About Brokerage Services form. Under a showing-only agreement you can’t give opinions or advice or perform other brokerage services, so if you’ll write the offer or negotiate upgrades, you need a representation agreement.
How Do I Run a New Construction Deal Step by Step?
- Sign before you tour: The buyer agreement is signed before the first model visit. The compensation conversation happens here, in plain terms
- Read the policy: I read the builder’s current broker policy for that specific community, not last year’s version
- Register in person: I go to the first visit and confirm the registration is in the builder’s system before we leave
- Track the clock: I put the registration expiration on my calendar. If the buyer is slow, I go back with them before it lapses
- Get the terms in writing: The cooperating broker agreement is signed before or with the contract
- Read the builder’s contract: Many builders use their own purchase agreements instead of the TREC New Home Contract. I check deposit terms, the construction timeline, and the inspection language
- Compare lenders: Incentives are often tied to the builder’s lender. Lennar, for example, says its mortgage company isn’t required, but some offers require it. My buyers get at least one outside quote
- Inspect anyway: I recommend independent pre-drywall and final inspections
Where Do Agents Lose New Construction Deals?
- The solo drive-by: The buyer tours a model “just to look” and registers without you
- The online chat: The buyer fills out a builder web form or chats with a counselor before you’re documented
- The expired registration: The buyer takes four months to decide and the 60-day window closes
- The verbal promise: A sales rep says “you’re covered,” but nothing is signed
The fix for all four is the same: set the expectation in your first conversation. I tell buyers early that the builder’s rules require me at the first visit and that contacting the builder first can affect how I’m paid.
I share how those first conversations start in How I Get Real Estate Clients from YouTube with Under 1500 Subscribers on my agent YouTube channel.
How Does eXp Fit Into a New Construction Business?
I’ve been with eXp Realty for six years, and it’s the only brokerage I’ve worked with. I’ve capped five years straight and earned ICON in 2024. For a new construction business, the model lets me spend my time on content, builder relationships, and showing up for first visits instead of a physical office.
If you’re a producing agent and want to talk shop about how this works around San Antonio, I’m happy to compare notes. When agents partner with me, I’m compensated by the brokerage.
Frequently Asked Questions: New Construction for Buyer’s Agents
Do I need a buyer agreement to take a client to a builder’s model home in Texas?
Texas has required a written agreement with a prospective residential buyer before showing any residential property since January 1, 2026, and TREC’s guidance doesn’t carve out builder model or spec homes, so the safe practice is to have the agreement signed before the visit. A showing-only agreement can work if it’s non-exclusive and lasts 14 days or less.
What happens if my buyer visits a builder without me first?
It depends on that builder’s policy. Lennar’s published policy, for example, requires the broker to be documented at the buyer’s first interaction and to go with the buyer on the first visit. Read the policy for each community before you start.
Ready to Talk New Construction With Another Agent?
Brock Bremmer with eXp Realty is a U.S. Air Force Reserves veteran and San Antonio agent focused on new construction and VA buyers, who builds his pipeline through YouTube and TikTok instead of paid leads. He’s glad to share how he handles builder registration, buyer agreements, and content with producing agents.
- 📞 Call or text: 210-501-5088
- 📧 Email: [email protected]
Also see: PCS to San Antonio Military Relocation Guide | New Construction in San Antonio | The Texas Option Period
Sources: TREC, What Changes in 2026 About Buyer/Tenant Representation in Texas; Texas Occupations Code Chapter 1101 (Sections 1101.562 and 1101.563); Lennar, Broker Participation Policy; TREC New Home Contract (Incomplete Construction).