Updated October 2026
Should you use a real estate agent to buy a brand-new home? You don't have to. Nothing in Alabama's agency rules requires a buyer to hire one, new construction included. But I'd want you to, and the reason is simple: the people at the model home have a job, and their job is selling that community's homes. Your own agent's job, under a written agreement you negotiate, is you.
That isn't a knock on builder sales teams. The good ones know their floor plans, lot premiums, and build schedules better than anyone. They just have a different role than an advisor you hire yourself, and it helps to know the difference before you fall for the kitchen island.
If you're earlier in the process and still sorting out the basics, my Auburn home buyer FAQ is a good place to start.
The Bottom Line
- Representation is your choice. Alabama doesn't require a buyer's agent, for resale or new construction.
- Ask everyone you meet at a model home what their role is and whom they represent.
- Talk to your agent before your first model-home visit, and ask the builder how they handle agent registration.
- Your agent doesn't replace an attorney, a private inspector, a lender, or the builder's written warranty. You'll want all of them.
New construction in Auburn and Opelika, July 2026 vs. July 2025
New homes are a big part of what sells here. According to the Lee County Association of REALTORS®, July 2026 housing stats, AUBURN and OPELIKA (published August 10, 2026), Auburn closed 46 new-construction homes in July 2026, down from 56 in July 2025. Total residential sales in Auburn went from 136 to 114 over the same two Julys, so by my math new construction was 41.2% of Auburn's residential sales in July 2025 and 40.4% in July 2026. Opelika went the other way: 44 new-construction sales in July 2025 and 50 in July 2026, out of 86 and 94 total residential sales. By my math, that's 51.2% and then 53.2%.
Chart 1. New-construction homes sold, Auburn and Opelika, July 2025 vs. July 2026. Source: Lee County Association of REALTORS®, July 2026 housing stats, AUBURN and OPELIKA (published August 10, 2026), July 2025 and July 2026 columns.
Pace moved too. Per the Lee County Association of REALTORS®, new construction in Auburn averaged 63 days on market in July 2026, compared with 55 in July 2025, while existing Auburn homes averaged 47 days, compared with 46. In Opelika, new construction averaged 81 days in July 2026, up from 49 a year earlier. Existing Opelika homes went the opposite direction, from 52 days to 40.
Chart 2. Average days on market for new construction, Auburn and Opelika, July 2025 vs. July 2026. Source: Lee County Association of REALTORS®, July 2026 housing stats, AUBURN and OPELIKA (published August 10, 2026), July 2025 and July 2026 columns.
My read: these are two single months, not a trend, and they say nothing about what any builder is offering or how a particular negotiation will go. What they do tell me is that new construction makes up something like four in ten Auburn sales and about half of Opelika's, which is why the questions in this guide are worth asking. If you're still choosing between the two cities, my Auburn vs. Opelika comparison walks through the differences.
Figures are closed data for Auburn and Opelika as of July 2026, from the Lee County Association of REALTORS®, July 2026 housing stats, AUBURN and OPELIKA (published August 10, 2026). Market conditions change and past figures are not a prediction.
Who the builder's sales team works for
This is the question I'd ask first. Alabama's real estate rules sort licensee relationships into a few types, and the one you're in depends on what you've signed.
The Alabama Real Estate Commission's consumer booklet, which is printed inside the Commission's agency disclosure rule, puts it plainly: "At the initial contact between a licensee (both sales persons and brokers) and the public, the licensee shall be considered to be a transaction broker." It also says that "in the absence of a signed brokerage agreement, the transaction brokerage relationship will remain in effect." A transaction broker helps the parties complete a sale without being anyone's advocate.
The booklet draws one more line that matters at a model home: client versus customer. If a licensee is working as the seller's agent and you're the customer, "the broker's primary responsibility is to the seller." The booklet's own example is that a customer in that spot shouldn't share the maximum price they'd be willing to pay.
Here's the catch. I can't tell you who's who at any given sales office, because roles vary. Some on-site staff may be licensees and some may not, and their arrangements with the builder aren't something you can see from the parking lot. So ask, kindly and directly:
- "What's your role here, and whom do you represent in this sale?"
- "May I have the Real Estate Brokerage Services Disclosure form?"
That form is real and it's required. Under the same rule, licensees (outside a few exceptions the rule lists) must give it to you "as soon as reasonably possible" and before confidential information changes hands. "Consumers are not required by law to sign the form," but it's worth reading either way.
What your own agent does, and what they don't
When you hire a buyer's agent, the relationship flips from customer to client. The booklet describes a buyer's agent as a licensee "employed by and represents only the buyer," created by a written contract that "should clearly state the service the agent will perform for the buyer as well as specify how the licensee is paid." An agent acting for you "must loyally represent the best interest of the client by placing the interests of the client ahead of the interests of any other party," and is "obligated to negotiate the best price and terms for his or her client."
The booklet even names who tends to benefit most: "Buyers moving to a new location and who are unfamiliar with local market conditions." If you're relocating, that's you. My guide to moving to Opelika covers the lay of the land on that side of the county.
On a new-construction purchase, depending on what you agree to in writing, a buyer's agent's side of the work can include:
- Comparing communities, floor plans, and resale homes side by side, so you're not deciding from one model.
- Helping you build your list of questions about deposits, upgrades, change orders, and completion dates before you sign.
- Keeping track of contract deadlines and making sure your offer and any requests go to the builder in writing.
- Coordinating timing with your inspector, lender, and closing agent or attorney.
That last bullet is the important one, because an agent is one member of the team, not the whole team. I'm not your attorney, your inspector, your engineer, your lender, or your warranty administrator. A good agent knows when to say "that's a question for your attorney" and then helps you get it answered. If this is your first purchase, my first-time home buyer guide for Auburn lays out the full lineup.
When to bring your agent in
Earlier is easier. Builders set their own policies on how and when a buyer's agent gets registered, and those policies differ from community to community. I can't promise you what any one builder's rule is, so my advice is to ask the builder directly, before or at your first visit: "How do you handle a buyer's agent, and does it matter if I've already signed in online or toured on my own?"
Expect a buyer agreement, too. Under the MLS rule that came out of the National Association of REALTORS® settlement, in effect since August 17, 2024, you'll be asked to sign a written buyer agreement "before 'touring' a home" with your agent. Simply "visiting an open house on your own or asking a real estate professional about their services" doesn't require one. That's an MLS rule, not Alabama law.
My advice: a quick call to your agent before you head to the model homes saves a lot of awkward conversations later. Visiting alone doesn't mean you've given anything up. It just means there's one more question to ask.
Who pays your agent, and what you'll sign
This is where I'd slow down and read. NAR's consumer guide says you "should feel empowered to negotiate any aspect of the agreement," including "the services you want to receive, the length of the agreement, and the compensation, if any." The compensation has to be clearly defined, "not open-ended or a range."
You're responsible for paying your agent as your agreement says. You "can still request, negotiate for, and receive compensation for your real estate professional from the seller or their agent." Some builders offer buyer-agent compensation and some handle it differently, and the terms can change by community and over time. Get the specifics in writing for the home you're actually buying. If anything changes, you and your agent "can mutually agree to change your agreement."
I won't promise you representation is free or that it changes your price. Those depend on the agreement you sign and the deal in front of you.
The builder's contract, inspection, and warranty
Model homes are staged to make you fall in love. That's their job, and they're very good at it. Your job is to read the paperwork.
The purchase agreement. Ask for a copy of the builder's purchase agreement and any addenda early, and have an Alabama real estate attorney review them before you sign. Your agent can help you organize questions about deposits, selections, and timelines, but what a clause means legally is an attorney's call.
Inspections. A city inspection and a private inspection are two different things. The City of Auburn's Inspection Services lists the 2021 International Residential Code, "with the Alabama Residential Building and Energy Code Amendments," among the code editions it follows. Municipal inspections check for code compliance. A private inspector you hire works for you and reports on the house you're buying. Ask the builder, in writing, what inspection access your contract allows and at what stages. If the home is in Opelika or the county, check that jurisdiction's rules rather than Auburn's.
Local rules change. Confirm current requirements with the City of Auburn, the City of Opelika, or Lee County before relying on anything here. This is not legal advice.
The builder's license. The Alabama Home Builders Licensure Board has a public "Look Up a License" tool. A current license tells you the builder is licensed. It doesn't measure workmanship, so treat it as one check among several.
The Board also runs a Homeowners' Recovery Fund, and it's a last-resort backstop, not a plan. "The maximum payment from the Fund to a homeowner based on a single transaction is $30,000," and payment comes only after "a valid judgment, excluding a consent judgment." A homeowner "must file a civil action (lawsuit) against the licensed residential home builder," then, within 10 days of filing, send the Board a letter by certified mail. Consumer complaints have a six-year window from substantial completion or the original owner's possession.
The warranty. Read the builder's actual written warranty before you sign, not a summary on a flyer. Ask who administers claims, what's covered and for how long, and how to submit a request. Put repair requests in writing.
Questions to take to the model home
Print these, screenshot them, or let me bring them:
- What's your role, and whom do you represent?
- May I have the Real Estate Brokerage Services Disclosure form?
- How do you register a buyer's agent, and does it matter if I've already visited?
- Is buyer-agent compensation offered on this home, and can I see the terms in writing?
- Which incentives depend on using a particular lender or closing date, and when do they expire?
- Can I hire a private inspector, and at which stages?
- May I read the full written warranty and the purchase agreement before I commit?
Let's talk before the model homes
Building or buying brand-new in Auburn or Opelika is exciting, and it should stay that way. I'm Amy Cotney, REALTOR®, a licensed real estate salesperson (Alabama license #108235) with Roots Real Estate - Investment Development in Auburn, and I'd love to talk through your options before you sign anything. You can read more about me and how I work, or reach out here and tell me what you're looking for.
I build strong relationships that lead to sold homes and happy buyers, through communication, not automation.
Sources
- Alabama Real Estate Commission, Ala. Admin. Code r. 790-X-3-.13, Agency/Brokerage Services Disclosure, including the Consumer Information Booklet text (via Cornell Legal Information Institute)
- National Association of REALTORS®, Consumer Guide to Written Buyer Agreements
- Alabama Home Builders Licensure Board, Homeowners' Recovery Fund
- City of Auburn Inspection Services, Current Codes
- Lee County Association of REALTORS®, July 2026 housing stats, AUBURN (published August 10, 2026)
- Lee County Association of REALTORS®, July 2026 housing stats, AUBURN, July 2025 column (published August 10, 2026)
- Lee County Association of REALTORS®, July 2026 housing stats, OPELIKA, July 2025 column (published August 10, 2026)
- Lee County Association of REALTORS®, July 2026 housing stats, OPELIKA (published August 10, 2026)
