Buyer representation, builder lender offers and the new home contract
Buying New Construction in The Woodlands: Your Own Agent, the Builder's Lender and the New Home Contract
Updated October 2026
Do I need my own agent to buy new construction in The Woodlands, and how do I weigh a builder's lender incentives against other loan offers?
In October 2026, Texas lets a builder's own employee sell its homes unlicensed, so hire your own agent for advice and compare Loan Estimates before accepting its lender's incentive.
Paige Martin, Houston Properties Team, The Woodlands
Source: Texas Real Estate Commission FAQ on rebates, referrals and selling a builder's new houses, October 2026.
Do you need your own agent to buy from a Woodlands builder?
In a builder's sales office, the person showing you the homes may be on the builder's payroll. Asked whether such a salesperson needs a license, the Texas Real Estate Commission answers no, provided they are an employee of the new home builder. TREC adds that being an independent contractor is not enough.
An agent you hire represents you under a written agreement. TREC reports that legislation from the 89th Texas Legislative Session changed The Real Estate License Act to require written agreements for buyer representation. TREC says the agent must sign it with you before showing you any residential property. Where no property will be shown, the same TREC article sets the deadline before the agent presents an offer for you.
How does the new home contract meet Township approval in The Woodlands?
TREC's New Home Contract (Incomplete Construction) is the state form for a new house the builder has not finished building. TREC says its contract forms are intended mainly for licensed brokers and sales agents trained in their correct use.
In The Woodlands, the house under that contract answers to the Township's covenants, since there is no city building department. The Woodlands Township adopts no ordinances, and its covenant administration department reviews plans and issues permits.
Before you sign, ask the builder for the Township's written approval of the plans and the neighborhood criteria they had to meet.
How do you compare a Woodlands builder's lender with other lenders?
Gather a Loan Estimate from each lender. The Consumer Financial Protection Bureau says you do not need a signed purchase agreement to get a Loan Estimate, so the builder's preferred lender can be priced against others before you commit.
Timing is short. The CFPB says that once you have submitted the request, each lender is required to send you a Loan Estimate within three business days. Request them together so the forms sit side by side.
How do lender credits change the comparison?
A credit moves cost from closing day into the rate. The CFPB says lender credits lower your closing costs up front, in exchange for a higher interest rate. An offer with smaller closing costs can therefore carry a higher rate.
Match the offers before judging them. The CFPB advises asking each lender for the same amount of points or credits, so any gap left on the Loan Estimates comes from the lender's pricing.
When comparing offers from different lenders, ask for the same amount of points or credits from each lender.
Questions & answers
The Woodlands questions, answered
Can my agent push me toward one lender on a Woodlands new build?
No. The Texas Real Estate Commission's license holder guidance says a license holder can work for a lender without breaching their duty, but cannot direct a purchaser to any one lender. Your agent can explain how the offers compare, and the choice of lender stays with you. A builder may point you to a preferred lender, and you can still request offers from others beside it.
Ask any agent you interview how they handle lender questions on a builder purchase. A useful answer names what to set side by side (the rate, the closing costs and any lender credits) and leaves the pick to you.
Do Texas agent rules still apply when I buy a brand-new house from a builder?
Yes, as a general rule. On its New Home Contract (Incomplete Construction) page, the Texas Real Estate Commission says that unless an exception applies, the requirements apply to all proposed real estate transactions. A purchase of a house still under construction is one of those transactions. The commission allows for exceptions there, so ask your agent whether one fits your purchase.
Expect the paperwork to start before the first tour of a builder's homes with an agent. Ask how the agent will use the state's new home form on a house still being built, and what the builder's own paperwork changes.
Will getting quotes from several lenders hurt my credit score?
Not when the checks fall inside one window. The Consumer Financial Protection Bureau says that within a 45-day window, multiple credit checks from mortgage lenders are recorded on your credit report as a single inquiry. A builder's lender and two or three others can each check your credit in that span, and the report shows one inquiry.
Plan every request for a short stretch of days. Each lender then works to its own deadline for the Loan Estimate, and the offers you compare reflect the same period.
How much can I save by comparing mortgage offers on a new house?
The Consumer Financial Protection Bureau says homebuyers can potentially save $600 to $1,200 per year by getting mortgage offers from multiple lenders. That is a possible range, never a promise for one loan. Before accepting an incentive from a builder's lender, set its value against that yearly range and against the Loan Estimates you collected.
The CFPB figure is yearly, so a rate difference keeps adding up for as long as you hold the loan. A closing incentive is paid once. Weigh the two on the same set of Loan Estimates.
Is a builder lender's closing-cost credit always paid for with a higher rate?
Not always. The Consumer Financial Protection Bureau says some lenders offer lender credits that are unconnected to the interest rate you pay, for example as a temporary offer or to compensate for a problem. Ask the lender in writing whether a credit changes your rate. Then check the rate on the Loan Estimate with the credit and without it.
A credit tied to the rate and one that stands apart from it can look alike at closing. The rate line on each Loan Estimate tells them apart, so ask each lender to price the loan both ways.
Can a builder clear the trees on my Woodlands lot without Township approval?
Not the larger ones. Under the Township's covenant standards, any living tree more than six inches across, measured two feet above the ground, needs approval before it is removed. The Township asks owners to flag any tree to be removed before staff visit. Ask the builder which trees come down under the plans sent to the Township.
Construction must still meet the building code, and the Residential Development Standards say the code prevails where the two conflict. Keep the builder's list of trees to be removed with your contract papers, so the lot you close on matches what was approved.
What do clients say on Google?
My husband and I have used Paige Martin and the Houston Properties Team for four separate housing transactions and have had such a good experience that we continuously recommend her team to friends and family.