If you’ve been thinking about building a brand-new home, you’ve probably visited a model home or new community and been warmly greeted by the builder’s on-site sales agent.

At some point, many buyers hear a version of this line:
“You don’t really need your own agent. We can take care of everything for you.”

In Pennsylvania, it is legal for one brokerage to represent both the builder and the buyer in the same transaction (this is called “dual agency”), as long as both parties give informed consent in writing.[1][2][3] But just because it’s legal doesn’t mean it’s always in your best interest.[4]

This article explains why having your own dedicated buyer’s agent can be a big advantage when you’re purchasing new construction—and how that relationship works in today’s market.

What the Builder’s Agent Actually Does (and Who They Work For)

The on-site agent in the model home works for the builder. Their job is to:

• Promote the builder’s community and floor plans
  • Get homes under contract at prices and terms that work for the builder
  • Protect the builder’s interests if problems or disputes come up later[2][3]

Even when that person is kind, helpful, and professional (and many are!), their legal loyalty is to the builder—not to you. They simply cannot advise you in the same way a true buyer’s agent can, especially on things like:

• How low you might be able to negotiate
  • Which contract terms protect you vs. protect the builder
  • Whether one lot, floor plan, or upgrade package is a better value than another

What Is Dual Agency in Pennsylvania?

In Pennsylvania, dual agency is allowed if both parties understand what it means and agree to it in writing.[1][2][3]

When an agent (or brokerage) acts as a dual agent, they must:

• Treat both buyer and seller/builder honestly and fairly
  • Disclose known material defects
  • Present offers and counteroffers objectively[2]

But there are important limits. For example, state regulations say that a dual agent must take “no action that is adverse or detrimental to either party’s interest in the transaction.”[1]

In plain English, that usually means:

• They can’t advise you on how aggressively to negotiate price or terms if it would hurt the builder
  • They can’t tell the builder you’d be willing to pay more
  • They can’t tell you the builder would probably accept less—unless both sides give permission

Even Pennsylvania’s own legal and industry commentary notes that dual agency is “fraught with difficulty” and should generally be minimized when possible.[4]

That’s why many real estate professionals suggest using dual agency only when it’s necessary… and avoiding it when it’s not.

Why a Dedicated Buyer’s Agent Matters on New Construction

Here are some specific ways a buyer’s agent can protect and guide you when you’re building a home.

1. Someone whose only job is to protect your interests

A true buyer’s agent owes their loyalty to you. That means they can:

• Advise you on realistic pricing and incentives
  • Point out contract clauses that heavily favor the builder
  • Recommend when to push back—and when to walk away

National data on new-home buyers shows that most purchasers who used an agent did so because they wanted representation in the buying process, help understanding the steps, and support in negotiations.[5] Consumer guides also emphasize that a buyer’s rep can help flag issues, explain trade-offs, and protect your interests throughout the transaction.[6][10][11]

1. Help comparing builders, neighborhoods, and floor plans

Not all builders—or communities—are created equal. A local buyer’s agent can help you understand:

• Which builders have strong reputations for quality and service
  • Which communities may have better resale potential, HOA structures, or tax situations
  • How different models and upgrade packages compare in value

Consumer and federal housing guides encourage buyers to take their time, compare homes carefully, and rely on a real estate professional to point out pros and cons from a professional standpoint—not just what’s obvious in the model home.[7][12]

Contract review and contingency strategy

New construction contracts are usually written by the builder’s attorney. They’re long, detailed, and often very different from standard resale agreements.

A buyer’s agent can:

• Walk you through the major terms in plain language
  • Flag clauses you may want your own attorney to review
  • Help you secure important protections like inspection rights, financing contingencies, and realistic completion dates[6][7]

Your agent is not a lawyer, but they are used to spotting the practical issues buyers overlook—things like escalation clauses, fees buried in addenda, and what happens if there are construction delays.

Negotiating price, incentives, and upgrades

Even in new construction, there’s often more room to negotiate than buyers realize. A buyer’s agent can help you evaluate:

• Is the advertised “incentive” actually a good deal, or baked into the price?
  • Is it smarter to ask for closing costs, design center credits, or extra features instead of a price cut?
  • Are there spec homes or last-phase lots where the builder might be more flexible?

Industry pieces on new construction point out that an experienced buyer’s agent understands how builders price homes, where they typically negotiate, and which requests are realistic—and that this expertise often pays for itself in better terms or fewer costly mistakes.[5][6][10][11]

Construction oversight and communication

If you’re building from the ground up, you may be dealing with:

• Multiple change orders
  • Construction milestones and inspection dates
  • Weather delays and supply-chain issues

Your buyer’s agent can:

• Help you schedule independent inspections at key stages (pre-drywall, final, etc.)
  • Stay on top of timelines and required deposits
  • Help mediate when something isn’t built as promised or doesn’t match the plan

New-home buying guides specifically encourage independent inspections and professional guidance, even when the builder provides their own warranties or municipal inspections.[6][7][12]

Coordinating the whole team: lender, inspector, title, and more

In today’s market, buyers often have choices: using the builder’s preferred lender or choosing their own; selecting their own home inspector; deciding which title company to use.

A buyer’s agent can:

• Explain the pros and cons of using a builder’s preferred partners (including incentives vs. flexibility)
  • Help you avoid conflicts of interest or risky “bundled” deals
  • Make sure your lender, title company, and inspector all understand the construction timeline

Federal rules under RESPA (the Real Estate Settlement Procedures Act) protect your right to choose your own lender and title company and require specific disclosures when there are affiliated business relationships.[8] Industry compliance guidance notes that the line between a legitimate “one-stop shop” and an illegal kickback scheme can be thin—another reason to have an independent professional looking out for you.[8][10]

“Won’t It Cost Me More to Have My Own Agent?”

This is one of the most common questions we hear.

Here’s the short version:

• Across the country, buyer’s agents now use written buyer agreements that clearly spell out what services you’ll receive and how the agent will be compensated.[9]
  • These agreements are meant to make things clear and reduce confusion at the start of your relationship with your real estate professional.[9]
  • Compensation is negotiable. It can be a percentage, flat fee, hourly fee, or a combination—whatever you and your agent agree on in writing.[9][10]
  • In many new-construction situations, the builder still offers a broker fee that can cover some or all of your buyer’s agent’s compensation, depending on what you and your agent have agreed to.[10][11]

The key is transparency. Before you ever sign a contract with a builder, your buyer’s agreement should make it clear:

• What we do for you
  • How we’re paid
  • What happens if the builder’s offered compensation doesn’t fully cover that amount[9][10]

Our goal is that you understand the numbers up front, with no surprises at closing.

(And keep in mind: a strong negotiator working solely for you can often save you far more in price, incentives, or costly mistakes than the cost of hiring them in the first place.)[5][6][10][11]

A Quick Checklist Before You Visit a Model Home

Before you walk into a sales office or register online for a new community, ask yourself:

• Do I already have an agent I trust?
  • Have we signed a written buyer’s agreement so I know how they’ll represent and be compensated?
  • Have I talked with my agent about visiting this community, so I’m properly registered?[9]

Most builders do allow you to have your own buyer’s agent—as long as that agent is involved from the beginning. If you sign in at the model home or register online without mentioning your agent, the builder may later claim they “procured” you as a customer and limit outside representation.

How We Represent You on New Construction

When one of our clients is considering a new construction home, here’s how we typically help:

• Strategy session before you visit
  We talk about your budget, timing, must-haves, and whether building is truly the right fit compared to resale options.
• Community and builder comparisons
  We help you compare different neighborhoods, builders, taxes, HOAs, and long-term resale potential in York, Lancaster, and the surrounding Susquehanna Valley.
• Accompanied model-home visits
  We attend key appointments with you so you’re not making decisions under pressure or without context.
• Contract review and timeline planning
  We walk you through the major contract points in plain language, highlight areas to discuss with your own attorney if needed, and build a realistic timeline for financing, construction, and closing.
• Inspections, walkthroughs, and problem-solving
  We help schedule inspections, attend walkthroughs, and advocate for you if something isn’t right—before you sign off and move in.
• Support all the way to (and after) closing
  From lender coordination to final punch-list items, you have one team whose only goal is to protect your interests.

Final Thoughts

New construction can be an exciting way to get the home you’ve been dreaming about. But it’s also a complex process with big financial and legal decisions.

The builder’s agent already has a professional in their corner. You deserve one too.

If you’re thinking about building a home in York, Lancaster, or the surrounding Susquehanna Valley and want to talk through your options, we’re here to help.