In most cases, yes. Across Dallas-Fort Worth, the majority of production builders still offer compensation to a buyer's agent, and it is typically paid from the builder's marketing budget rather than added to the buyer's price. What changed after the 2024 NAR settlement is that the amount is no longer uniform, it is no longer published on the MLS, and eligibility now depends on a registration rule that varies builder by builder.
The practical answer for a DFW buyer is that representation on new construction is usually available at no direct cost — but only if the registration step happens correctly, and it has to happen first.
How did the NAR settlement change this?
The settlement that took effect in August 2024 removed the requirement that buyer-agent compensation be published in MLS listing fields. New construction was already partly outside that system, because many builder communities are not listed on the MLS at all. What the settlement did was end the assumption of a standard rate.
Some DFW builders kept their prior offer intact. Others reduced it, tied it to a minimum sales volume, restricted it to specific communities, or moved it into a bonus structure that fluctuates with standing inventory. The result is a patchwork that differs from builder to builder — and in some portfolios, from community to community under the same builder's name.
There is no longer a number you can assume. There is only a number you confirm in writing.
What does builder-paid compensation typically look like?
Historically, a buyer-agent fee in the neighborhood of three percent was common on DFW new construction, paid by the builder. That remains a reasonable reference point, but in 2026 it is a reference point rather than a rule. What we see across the metroplex now:
- A stated percentage of base price, often excluding lot premiums, design center upgrades, and incentives
- A flat fee on inventory or quick-move-in homes, independent of price
- A tiered or bonus structure that rises on standing spec homes and falls on to-be-built contracts
- Volume-based enhancements available only to agents or brokerages above a sales threshold
- Community-specific offers that expire when a phase sells through
The buyer's real question is not which structure applies. It is whether the compensation offered covers the representation agreement they have already signed — and if it does not, who pays the difference.
Who actually pays for it?
The builder does, from the marketing budget. That is the standard structure and it is worth stating plainly, because buyers regularly assume that declining representation will get them a discount. In our experience across DFW, it does not. Builders price homes to protect the comparable sales in the community, and an unrepresented buyer generally receives the same base price as a represented one. The compensation line does not disappear from the transaction; it stays with the builder.
What the unrepresented buyer gives up is the review. The on-site sales representative is a licensed agent employed by or contracted to the builder, and their fiduciary duty runs to the builder. They are not obligated to flag a staged non-refundable earnest money schedule or an excusable-delay clause with no buyer remedy. That is what independent representation is for. When buyers ask The Agency Dallas whether builders pay agent commissions on new construction in DFW, the useful follow-up is what that representation is actually doing for them during a nine-to-fourteen-month build.
Why does registration matter so much?
Because most production builders operate a registration policy, and it usually turns on when the agent first appeared rather than on what the buyer intended.
The typical rule: the agent must accompany the buyer on the first visit, or register the buyer in writing before that first visit. Walk into a model home alone on a Saturday, sign the visitor card, and come back the following week with an agent, and many builders will decline to recognize that agent at all. Some allow a short grace period. Many do not.
This is the single most common and most expensive mistake DFW buyers make on new construction, and it is entirely avoidable:
- Register before the first visit, in writing. An email from the agent to the sales office, with the buyer's name and date, creates the record.
- Ask the sales office to confirm receipt. Verbal acknowledgment at the desk is not a record.
- Confirm the compensation offer in writing at registration, not at contract.
- Re-register for each builder and each community. Registration is not portable.
- Keep the confirmation. Disputes at closing are resolved by the paper trail.
Does the market give buyers any leverage right now?
More than it did during the 2021–2022 cycle. North Texas builders started 11,290 homes in the second quarter of 2026, down 6.5 percent year over year, according to Residential Strategies Inc., following a full-year 2025 total of 41,222 starts — a 12.3 percent decline from 2024.
Slower absorption produces standing inventory, and standing inventory is where builder flexibility concentrates. Incentives, rate buydowns, design center allowances, and closing cost contributions all cluster on finished homes that have been on the ground for a while. An agent who knows which communities are carrying completed spec inventory is worth considerably more than the compensation the builder is paying them.
What should a DFW buyer do first?
Engage representation, register before the first model home visit, and get the builder's compensation offer in writing at that moment. Everything else in the transaction — contract review, incentive negotiation, walkthrough, warranty period — depends on that first step having been done correctly.
Frequently asked questions
Will I get a better price if I buy new construction without an agent?
Generally no. DFW builders price homes to protect community comparables and rarely discount for unrepresented buyers. The compensation the builder would have paid stays with the builder. The buyer's savings do not materialize; the buyer's contract review does not happen.
When do I have to register my agent?
Before or during the first visit, in nearly all cases. Most DFW builders will not recognize an agent introduced after the buyer has already toured the community alone. Register in writing by email before the first visit and keep the confirmation.
Is the builder's sales representative my agent?
No. The on-site representative is licensed but works for the builder, and their duty runs to the builder. They can answer questions accurately and still have no obligation to warn a buyer about a contract term that favors their employer.
What if the builder's offer is less than my representation agreement?
That gap has to be resolved before contract, not at closing. Options include negotiating the difference into the transaction, adjusting the representation agreement, or the buyer covering the shortfall directly. All three are workable; discovering the gap at the closing table is not.
Does builder compensation apply to inventory homes and to-be-built homes equally?
Often not. Many DFW builders pay more on standing spec inventory than on to-be-built contracts, because spec homes carry holding costs. Confirm which category applies to the specific home.
Can I negotiate the builder's contract terms?
Some terms, sometimes — particularly on standing inventory in a slower absorption market. Incentives, closing contributions, and rate buydowns move more readily than base price. Everything is negotiated before signature. See can you back out of a new construction contract in Texas for what those terms typically contain.
Related reading
- Can you back out of a new construction contract in Texas?
- What are the risks of buying investment property in Texas right now?
- How does a 1031 exchange work when selling an investment property in Texas?
If you are planning a first model home visit this month, register first. We can help with that.
