Who Pays Your Agent When You Buy New Construction in Katy, TX?

Niky Barker

Oct 7

8 min read

In Katy, TX, the builder usually pays your agent through its broker cooperation policy, but only if your agent is registered at your first visit. Texas now requires a signed buyer agreement that spells out that pay.

TL;DR:

On most new construction purchases in Katy, TX, the builder pays the buyer's agent out of its own budget under a published broker cooperation policy. That payment depends on rules: most builders require your agent to register you, or come with you, on your very first visit to the community. Since January 1, 2026, Texas law requires a signed written agreement before an agent shows you a home, and that agreement must state how your agent is paid and that the amount is negotiable. Niky Barker of The Barker Group at Keller Williams Signature helps buyers across Katy, Harris and Fort Bend Counties, and the Greater Houston area line this up before they tour a model.

Niky Barker, Team Leader of The Barker Group at Keller Williams Signature, works with new construction buyers in Katy, TX, a city that spans Harris, Fort Bend, and Waller Counties on the west side of the Greater Houston area. This guide answers one question: who pays your agent when you buy a brand-new home from a builder in Katy, and what you have to do so it isn't you.

What Is a Builder Broker Cooperation Policy in Katy, TX?

A broker cooperation policy is a builder's written rule for paying an outside real estate agent who brings in a buyer. In Katy, TX and across Fort Bend and Harris Counties, most production builders publish one. It sets the conditions: the agent must be licensed, must register the buyer by the builder's deadline, and usually must be present or registered at the buyer's first visit. The amount varies by builder and community, and no law sets it.

Who Pays the Buyer's Agent on a New Build in Katy, TX?

The builder usually does. Builders treat outside agents as a sales channel, so payment comes from the builder's side of the deal, not from your down payment.

Large builders publish these terms. Lennar's broker program says commissions vary by community and that the agent must be registered at the buyer's initial contact. Richmond American's co-op policy sets the commission in a written agreement and recognizes a registration for 30 days.

Two things to understand:

The amount isn't fixed. It depends on the builder, the community, and sometimes the specific home.
Your buyer agreement controls what your agent is owed. If the builder pays less than your agreement states, read the agreement to see whether you owe the difference. A good agreement answers that in writing before you tour.

What Changed for Katy Buyers on January 1, 2026?

Texas now requires a written agreement before an agent shows you any home, new or resale. Under Senate Bill 1968, effective January 1, 2026, a license holder must sign an agreement with you before showing property or, if nothing is shown, before presenting an offer.

According to TREC's guidance on the new law, that agreement must state:

The services your agent will provide
When the agreement ends
Whether it's exclusive or non-exclusive
The amount or rate your agent will receive and how it's determined
A conspicuous statement that broker compensation is not set by law and is fully negotiable

For new construction in Katy, this means the conversation about pay happens on paper, before the model home tour. That's a good thing. You see the number instead of guessing.

What Happens If You Visit a Katy Model Home Without Your Agent?

You can lose the builder-paid agent entirely. Most builders decide who "brought" a buyer at the first visit, and if you sign the guest card alone, many will not pay an agent who shows up later.

That's why registration timing matters more than people expect. We covered builder-by-builder rules in which Fulshear, TX builders require agent registration on the first visit, and the same pattern holds in Katy communities like Elyson and Cane Island.

In my experience, and I deal with a lot of new construction, when the buyers sohow up to a new construction without an agent at times they miss out on additional incentives and better deal. The realtor is there to help the buyers adn have the market knowledge and competition knowledge to be able to negotiate teh best deals and the best incentives.

Doesn't the Builder's Sales Counselor Already Represent You?

No. The on-site sales counselor works for the builder. They can be helpful and honest, but their job is to sell the builder's homes on the builder's terms.

Your own agent's job is different: reviewing the builder's contract (which is usually the builder's own form, not the standard TREC resale contract), negotiating incentives, scheduling independent inspections, and tracking deadlines. If you want to know whether an agent is actually doing that, see how to tell if your agent is negotiating the builder's incentives.

How Do You Make Sure the Builder Pays Your Agent in Katy?

Do these in order, before you set foot in a sales office:

Sign your buyer agreement first. Texas requires it before showings, and it should state your agent's pay and what happens if the builder pays less.
Have your agent register you with each builder you plan to visit, or bring your agent on the first visit.
Write your agent's name on every guest card at every community.
Ask the builder to confirm the cooperation terms in writing for the specific home or lot.
Watch the registration window. Some builders recognize a registration for a set period, then require it again.

If you'd rather have someone handle that order for you, our new construction buyer representation in Katy covers registration, contract review, negotiation, and inspections through closing.

How Does Paying an Agent on a Katy New Build Compare to a Resale Purchase?

The rules on paper are the same. The practice is different.

Who usually pays your agent: New construction in Katy: The builder, under its cooperation policy. Resale home in Katy: Negotiated: seller, buyer, or a mix.
Written buyer agreement required: New construction in Katy: Yes, since Jan. 1, 2026. Resale home in Katy: Yes, since Jan. 1, 2026.
Timing trap: New construction in Katy: First-visit registration. Resale home in Katy: Signing before showings.
Contract form: New construction in Katy: Usually the builder's own form. Resale home in Katy: Usually the standard TREC form.
Where you negotiate: New construction in Katy: Incentives, upgrades, rate buydowns. Resale home in Katy: Price, repairs, seller concessions.

If you're still deciding between the two, our guide on new construction or resale in Katy, TX walks through the bigger trade-offs.

Who Is This New Construction Guide For in Katy, TX?

Buying your first home and considering a new build
Relocating to Katy for a job and touring builder communities
Moving up from a starter home into new construction
Comparing a builder's incentive package against a resale home
Planning to visit model homes this weekend and not yet working with an agent

Why Does This Matter for Buyers in Katy, TX?

Builder-paid representation only works if you protect it at the start. The 2026 Texas rules moved the compensation conversation to the front of the process, and builders have always decided agent eligibility at the first visit. Put those together and the first 48 hours of your home search now matter more than the last two weeks.

For Katy buyers, the forward-looking point is this: builders compete on incentives, not just price. Our breakdown of a price cut versus a rate buydown on a Katy new build shows how much those incentives can be worth. Having someone on your side who negotiates them, at no out-of-pocket cost when the builder pays, is a different outcome from walking in alone.

What Am I Seeing in the Katy, TX New Construction Market Right Now?

Most of the buyers I talk to in Katy assume the sales counselor in the model home is there to help them buy. They are helpful, but they're paid by the builder. The question I get most is "Will I have to pay you?" and the answer depends on what we put in writing before the first tour.

I also want to be upfront about my own role. I list new construction homes for a builder in the Houston area. If you choose one of those homes and I represent you too, Texas allows that only as an intermediary, with your written consent and the seller's. You can always choose an agent from another brokerage instead. You should know that before we start, not after.

Niky Barker and The Barker Group at Keller Williams Signature represent buyers in Katy, TX, across Harris, Fort Bend, and Waller Counties, and throughout the Greater Houston area of Texas.

What Do Buyers Most Want to Know About Agent Pay on New Construction in Katy, TX?

Do you have to pay your agent when you buy new construction in Katy, TX?

Usually not out of pocket. Most builders in Katy pay the buyer's agent under a broker cooperation policy, as long as the agent is registered by the builder's deadline. Your signed buyer agreement states what your agent earns. If the builder pays less than that amount, the agreement says whether you cover the gap, so read that clause before you tour any model homes.

What happens if you visit a model home without your agent?

You may lose builder-paid representation for that community. Many builders decide eligibility at the buyer's first visit, and if you register alone, they may refuse to pay an agent who joins later. Have your agent register you in advance or come with you. Write your agent's name on the guest card every time, even on a casual weekend stop.

What does Texas require before an agent shows you a new home?

Since January 1, 2026, Texas requires a written agreement between you and the agent before any showing. It must list the agent's services, an end date, whether it's exclusive, how much the agent is paid and how that's determined, and a conspicuous statement that broker compensation is not set by law and is fully negotiable. This applies to new construction and resale alike.

Does the builder's sales counselor represent you?

No. The on-site sales counselor works for the builder and is paid by the builder. They can answer questions about floor plans, lots, and timelines, but they're not there to negotiate against the builder for you. An independent buyer's agent reviews the builder's contract, negotiates incentives, and schedules your inspections.

How is buying new construction in Katy different from buying resale?

Both require a written buyer agreement in Texas. The difference is who usually pays and when eligibility gets locked in. On new construction, the builder typically pays your agent, and registration at the first visit decides it. On resale, compensation is negotiated between buyer and seller. New construction also uses the builder's contract, not the standard TREC resale form.

Why does this matter for Katy buyers right now?

Builders in Katy, a city spanning Harris, Fort Bend, and Waller Counties in the Greater Houston area, compete with incentives like rate buydowns and closing cost help. Those incentives are negotiable, and an agent paid by the builder can negotiate them for you. Protecting that representation at the first visit is the easiest money you'll keep in the whole purchase.