Should I bring my own agent when buying new construction in Virginia?

A builder’s model home is a friendly place. The sales representative is polite, the coffee is good, and the contract is the builder’s own. The one person missing is anyone whose job is to look out for you.

That is the argument for bringing your own agent, and it is mostly a matter of who works for whom.

Who does the builder’s sales agent work for?

In most cases, the builder. The sales representative at a model home is there to sell the builder’s homes on the builder’s terms. They can be helpful and knowledgeable about the product, but they are not your advocate in the negotiation.

A buyer’s agent works for you under a written agreement. Virginia requires a written buyer agreement before an agent can work with you in most cases, and the terms are worth reading. Our explainer on buyer agent agreements walks through what they say. Ask any agent how they are paid and what you would owe, and get the answer in writing.

When should I bring an agent: before the first visit?

Yes, before the first visit if you can. Many builders ask visitors to register, and some tie your representation to that first visit. If you walk in alone and sign the guest book, you may find that the builder treats you as unrepresented from then on.

Policies vary by builder and community, so check what a particular builder requires before you go. If you’ve already visited, tell the agent you’re talking to. They can find out where that leaves you.

What does an agent add on a new build?

They help with the parts that are easy to miss when everything looks fresh. That includes comparing the base price with what the upgrades actually cost, reading the builder’s contract for timelines, allowances and what happens if the closing date slips, and checking what the builder’s warranty does and does not cover.

Think of the contract as the main product. A builder’s contract is the builder’s document, so read it closely. My read: have the contract reviewed by a Virginia real estate attorney as well, since that is a job for a lawyer and not for any agent.

An agent can also compare the builder’s offer with resale homes in the same price range, so you know what you’re trading for the newness. That includes the question of seller concessions and what incentives the builder offers.

Do I still need an inspection and a walkthrough?

Many buyers do both. A new home is not automatically a finished home, and an independent inspector isn’t on the builder’s payroll. Lists from a pre-drywall or final inspection give you something specific to hand the builder, instead of a general worry.

At the final walkthrough, go room by room and write down anything unfinished before you close. Our post on the final walkthrough has a checklist you can adapt. Ask how and when punch-list items will be handled, and get that in writing before you sign.

What should I do next?

Before you visit another model home, tell us which builder and community you are considering, and we’ll tell you what to ask before you register. If you’ve already got a contract in hand, we can walk through it with you, then you can have an attorney review it. Contact us to start, or see the Charlottesville office. Written by Daniel Keeton. This is general information, not legal advice.