The August 2024 NAR settlement changed how buyer-agent compensation works across U.S. real estate. Most of the coverage focused on resale transactions — existing homes on the MLS. But new construction buyers in Texas are affected too, and in some ways the stakes are higher, because new construction has always operated with a specific dynamic that many buyers don't understand until it's too late.
This article covers what changed, what was already true before the settlement, and what DFW new construction buyers need to do differently in 2026.
The Baseline Reality That Hasn't Changed
Before discussing what the settlement changed, it's worth being clear about what was already true in new construction — and still is.
The builder's sales agent works for the builder. When you walk into a model home and meet a friendly, helpful sales consultant, that person is a licensed real estate agent whose client is the builder. Their job is to sell you the home at the best terms for their employer. They are not legally obligated to represent your interests, advise you on pricing strategy, flag contract terms that favor the builder, or help you negotiate.
This was true before August 2024, and it's still true today. The settlement didn't change it. What it changed is how your own buyer's agent gets paid — and the transparency around that conversation.
What the NAR Settlement Actually Changed for New Construction
The August 2024 settlement introduced two major practice changes that apply to REALTOR® members nationwide:
1. Written buyer representation agreements are required before touring. Any licensed REALTOR® must have a signed buyer representation agreement that specifies their compensation before they tour a home with you. In Texas, TREC had already required buyer rep agreements before the settlement, but the settlement made the compensation conversation mandatory and explicit from the very first interaction.
2. Buyer-agent compensation can no longer be listed on the MLS. Sellers of resale homes cannot advertise buyer-agent compensation on the MLS itself — they can still offer it, but the offer happens outside the listing system.
The Register-Before-You-Visit Rule: Now More Important Than Ever
In DFW's new construction market, most major builders have a long-standing policy: your buyer's agent must be registered on your file before your first visit to the sales office. "Registered" typically means your agent's name is recorded in the builder's system as your representative before you step foot in the model home — not when you come back a second time, not when you sign a contract.
This rule exists independently of the NAR settlement, but the settlement made it more critical for one reason: if you visit a model home without a registered buyer's agent and later want representation, most builders will not allow you to add an agent after that first unregistered visit. You've effectively waived your right to independent buyer representation for that transaction.
In a post-settlement world where buyers and agents are expected to have explicit compensation conversations before touring, showing up at a model home without that conversation completed — and without your agent registered — creates a gap that typically cannot be fixed.
What this means in practice: Before you visit any new construction community, even for a casual "just looking" tour, confirm that your buyer's agent is registered. This is usually done with a simple phone call or email to the builder's sales office, or through a registration link on the builder's website. It takes minutes.
How Builder Commission Structures Work Post-Settlement
Builders pay buyer's agent commissions directly from their own budgets — not through MLS commission offers. Each builder sets their own rate per community, and it varies. Some DFW builders offer 3%, others offer 2%, and some newer communities have shifted to lower ranges with incentive structures that vary by quarter.
Because builder commissions aren't on the MLS, the settlement's MLS rule doesn't directly cap what builders offer. What it does affect is the transparency between you and your buyer's agent about what they'll earn and what you might receive back.
Flat-fee buyer's agents — agents who charge a fixed fee rather than keeping the full percentage commission — fit naturally in this environment. If a builder pays 3% and your agent's fee is 1% (or a flat dollar amount), the difference may be returnable to you as a closing credit, subject to lender approval and builder policy. That's the model that's grown significantly in the DFW new construction market since the settlement.
What You Should Do Before Your First Builder Visit
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Sign a buyer representation agreement with your agent first. This is now required of all REALTOR® members before you tour. Review it carefully — understand the compensation structure, what you'd owe if the builder doesn't cover the full fee, and how any excess commission is handled.
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Confirm your agent is registered before you visit. Don't assume your agent has handled this. Call the sales office directly if needed. The registration must exist in the builder's system before you enter the model home.
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Understand what happens to any commission above your agent's fee. If your agent uses a flat-fee or reduced-commission model, ask explicitly how the difference is handled — returned to you as a closing credit, donated to the brokerage, or structured another way. This should be in your buyer rep agreement.
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Know that the builder's sales agent cannot give you this guidance. They work for the builder. Any questions about buyer representation, commission structures, or your rights as a buyer belong to your own agent — not the builder's staff.
The Bottom Line for New Construction Buyers in 2026
The NAR settlement made buyer representation conversations more explicit and transparent. For new construction buyers, the most important implication isn't about MLS rules — it's about the register-before-you-visit policy that most DFW builders have enforced for years, and that now intersects directly with the requirement to have your buyer rep agreement signed before you tour.
Get your agent registered before your first visit. Sign your representation agreement first. And understand that the builder's sales team, however helpful, is not your representative in this transaction.
For more context on how the settlement affected Texas resale transactions, see What the NAR Settlement Means for Texas Home Buyers.