New Construction or Resale? Agent Fit in Kentuckiana

Key takeaways

• The builder's sales office works for the builder. Friendly and helpful is normal there. It isn't the same as someone negotiating for you.
• Decide about your own agent before your first model visit. Many sales offices ask you to register when you walk in, and the builder's rules decide whether an agent you bring later gets recognized. Ask for the rule in writing.
• Resale and new construction test different skills. Resale leans on pricing from nearby sales, inspection negotiation, and working with a seller. New construction leans on reading a builder's contract, tracking option deadlines, and staying on top of inspections and the punch list.
• Read the warranty before you sign. Indiana law spells out warranty terms a builder may offer, and a builder can waive implied warranties only if the buyer signs a separate one-page notice (Indiana Code 32-27-2). Kentucky requires builders to give a notice about their right to offer repairs before a defect lawsuit (KRS 411.260).
• One introduction, not five callbacks. Agent Intro is an introduction and referral service for Southern Indiana and Greater Louisville. Tell us on your Match Profile that you're comparing new and resale. A member of our team will review your Match Profile before we introduce you to one of our vetted local real estate agents.

Table of contents

1. New construction vs resale: what changes for your agent
2. What the builder's sales office is there to do
3. Builder registration: the step that sneaks up on you
4. What a resale purchase asks of your agent
5. New build paperwork: warranties, inspections, walk-throughs
6. Touring both? What to look for in an agent
7. Questions to ask before your first model visit
8. Getting an introduction before the model visit
9. FAQs

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You toured a model home on Saturday. The kitchen was staged within an inch of its life, the sales rep was pleasant, and you left with a price sheet and a sign-in card you barely remember filling out. On Sunday you walked through an older house across town that needs paint and has the better yard.

Those are two different purchases. They ask different things of the person helping you buy.

This guide is for buyers in Southern Indiana and Greater Louisville who are weighing a new build against a resale, or touring both. It covers what changes between the two, when to bring in your own agent, and what to ask before you sign anything at a sales office.

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New construction vs resale: what changes for your agent

Short answer: on a resale, your agent is working against a seller and a house with a history. On a new build, your agent is working against a builder's contract, a construction schedule, and a sales process the builder runs every day.

Neither one is harder in every case. They're different jobs, and some agents are much more comfortable with one than the other.

	New construction	Resale
Who's across the table	The builder, usually through an on-site sales rep	The seller, usually through a listing agent
The paperwork	Often the builder's own purchase agreement and addenda	A purchase agreement your agent works with regularly
What's usually on the table	Options, upgrades, lot premiums, and any incentives the builder offers	Price, repairs, credits, and terms
The big unknown	Build quality and the finish date	What's behind the walls of a lived-in house
Inspections	Your own inspector at stages and before closing, if the contract allows	An inspection period after your offer is accepted
What your agent needs to be good at	Reading builder contracts, tracking deadlines, pushing the punch list	Pricing from nearby sales, inspection negotiation, handling competing offers

If you already know which side you're on, interview for that column. If you don't, look for someone who can work both.

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What the builder's sales office is there to do

Short answer: sell homes in that community on the builder's terms. That's their job, and it's a fair one.

The on-site sales rep knows the floor plans, the lot map, and the options sheet better than anyone. They can tell you what's standard and what costs extra. What they can't do is represent you against their own employer. When you ask the sales office "is this a good price?" or "is that lot premium worth it?", you're asking the builder's side.

Here's what usually gets decided at the sales office that you'd want your own read on:

• Incentives and their strings. If an incentive depends on using a particular lender or title company, get a quote from someone else too and compare the full numbers.
• The deposit. How much, when it's due, and when it stops being refundable.
• Option deadlines. When selections lock, and what a change costs after that.
• The finish date. Whether it's a firm date or an estimate, and what the contract says if it slips.
• The final walk-through. Who attends, how the punch list gets written, and how long the builder has to fix items.

None of this makes the sales rep the bad guy. It means you want someone reading those terms from your side before you sign them.

The resale version of this question has its own post: Do I need my own buyer's agent if the listing agent will help?

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Builder registration: the step that sneaks up on you

Short answer: if you want your own agent on a new build, settle that before your first visit, and get the builder's registration rule in writing.

A lot of sales offices ask you to sign in or register on your first visit. Some builders tie whether they'll work with your agent to that first visit. Others are more flexible. The rules vary by builder and sometimes by community, so don't go by what a friend's builder did two years ago.

Before you walk into a model:

1. Decide whether you want your own agent on this purchase.
2. If you do, have them contact the sales office ahead of time or come with you, whichever that builder requires.
3. Ask the sales office for its registration policy in writing.
4. Ask how compensation for your agent would be handled on this purchase, and where that's written down.

Expect paperwork with your own agent, too. Indiana law has required buyer agency agreements to be in writing with a definite expiration date since July 1, 2024 (Indiana Professional Licensing Agency). If your agent is also showing you homes listed in the MLS, NAR's rules generally call for a written buyer agreement before touring, effective August 17, 2024 (NAR: Written Buyer Agreements 101). Read whatever you sign and ask questions until it makes sense.

Already registered on your own? Say so the first time you talk to an agent. A good one will ask the builder what's possible instead of promising you anything.

Touring models soon? Start a Match Profile first, so your introduction happens before registration does.

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What a resale purchase asks of your agent

Short answer: good judgment on price, and a steady hand through inspection and appraisal.

A resale house has a history and a seller with opinions about it. Your agent's work looks like this:

• Pricing an offer from recent nearby sales, not from the list price
• Writing terms that fit your situation: financing, inspection, appraisal, and possession date
• Reading the inspection report with you and sorting what's worth asking for from what isn't
• Having a plan if the appraisal comes in under the contract price
• Keeping the other side moving toward closing

If you're leaning resale, interview for those skills. Ask an agent how they'd handle an inspection list on an older house in Jeffersonville or Louisville. The answer will tell you more than a listing presentation. For the full sequence from loan approval to keys, see our preapproval to closing timeline.

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New build paperwork: warranties, inspections, walk-throughs

Short answer: brand new doesn't mean nothing to check. Read the warranty, get your own inspections if the contract allows them, and put repair requests in writing.

Builder warranties in Indiana

Indiana Code chapter 32-27-2 lists warranties a builder may give the first buyer of a new home. Under section 8, those are two years for defects from faulty workmanship or materials, two years for faulty installation of plumbing, electrical, heating, cooling, and ventilating systems, four years for the roof, and ten years for major structural defects (Indiana Code 32-27-2). Whether your builder offers those terms, or something else, is in the contract. Ask for the warranty document before you sign.

Section 9 of the same chapter lets a builder disclaim implied warranties only under certain conditions, including insurance backing the warranty. The buyer also has to sign a separate one-page notice attached to the contract that starts with "NOTICE OF WAIVER OF IMPLIED WARRANTIES." If you see that page, slow down and have a real estate attorney explain what you'd be giving up. Your agent should flag it. Your agent shouldn't be the one interpreting it.

Kentucky's builder notice

Kentucky has its own process for construction defect claims against builders. Under KRS 411.260, a builder must give the homeowner a notice, when they sign a contract to build the home, explaining that the homeowner has to give the builder written notice of defects and a chance to offer repairs or payment before filing a lawsuit (KRS 411.260). The response deadlines are in KRS 411.258. Keep that notice with your closing papers.

This section is general information, not legal advice.

Inspections and the final walk-through

Ask whether the contract lets you bring your own inspector, and at which stages. Some buyers hire one before the drywall goes up and again before closing. The builder's own checks and the local code inspections are a different thing from someone working for you.

The Federal Trade Commission's consumer guide to new-home warranties says to check what's covered and for how long, and to put repair requests in writing even when there's a hotline (FTC: Warranties for Newly Built Homes). It also notes that many new-home warranties send disputed claims to mediation and then binding arbitration, so read that section before you sign, not after something leaks.

Write the punch list down, date it, and take photos.

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Touring both? What to look for in an agent

Short answer: someone who can compare the two paths without steering you toward the one that's easier for them.

If you're touring both in Clark County, Floyd County, or Greater Louisville, say so up front. Then listen for these:

• They explain both paths without talking down either one.
• They compare total cost. On the new build, that's base price plus options and any lot premium. On the resale, it's price plus the repairs and updates you'd actually do.
• They're straight about timing. A resale closing date is set in the contract. A build's finish date is often an estimate, so they should ask what the contract says if it slips.
• They don't promise appraisal results, incentive amounts, or finish dates.
• They've done both recently and can talk about it without sharing anyone's private details.

Comparing Jeffersonville with nearby towns or the Louisville side? Our Jeffersonville guide covers local fit questions.

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Questions to ask before your first model visit

Short answer: three for your agent, five for the sales office.

For your agent:

1. Who do you represent at the sales office, and what do I sign for that?
2. How many new construction purchases have you handled lately, and how did the walk-throughs go?
3. If I switch to resale next month, what changes in how you work?

For the sales office, ideally with your agent there:

1. What's your registration rule for buyers with an agent, and can I have it in writing?
2. What's in the base price, and what does the model have that the base home doesn't?
3. How much is the deposit, when is it due, and when does it stop being refundable?
4. When do option selections lock, and what does a change cost after that?
5. Can I bring my own inspector, when, and what warranty comes with the home?

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Getting an introduction before the model visit

Short answer: put your path, or your indecision, on a Match Profile, and get one introduction before the builder's process starts.

On your Match Profile, say if you're set on new construction, set on resale, or still comparing. Add the areas you're looking at, your price range, and your timing, including any hard date like a lease ending. A member of our team will review your Match Profile. If a suitable participating agent is available, we introduce you to one of our vetted local real estate agents and tell you why we think they fit. You interview them. You decide.

The introduction is free for buyers, and you're not required to hire anyone. Submitting a Match Profile doesn't by itself create a buyer agency relationship (Disclosure). How we pick agents is on How We Choose Agents. The full process is on How It Works, and common questions are in our FAQ.

Whoever you end up working with, you can check that their license is active. Indiana has a public license lookup, and Kentucky licensees are overseen by the Kentucky Real Estate Commission.

Related reading:

• Do I Need My Own Buyer's Agent If the Listing Agent Will Help?
• Buyer's Agent vs. Listing Agent: What's the Difference
• What Happens After You Submit a Match Profile
• Louisville First-Time Home Buyer Checklist

When you're ready: start your Match Profile, or read more about buying with Agent Intro. If the sales office or a friend already handed you a name, Second Opinion gives you one alternative introduction to compare.

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FAQs

Do I need my own agent for new construction?

You don't have to have one, but it's worth deciding before your first visit. The builder's sales rep works for the builder. Your own agent can read the builder's contract, deposit terms, option deadlines, and warranty from your side. Check the builder's registration rule first, because it can affect whether an agent you bring later is recognized.

When should I register my buyer's agent with the builder?

Before or at your first visit, following that builder's written policy. Rules vary by builder and sometimes by community, so ask the sales office for the policy in writing instead of relying on what someone else's builder allowed.

What does a builder's sales rep work toward?

Selling homes in that community on the builder's terms. They can be very helpful on floor plans, options, and timelines, but their job is to represent the builder, not to negotiate for you.

What skills matter more on a resale?

Pricing an offer from recent nearby sales, handling inspection negotiations, planning for an appraisal that comes in low, and working with a seller who has their own timeline and opinions about the house.

Can one agent help me with both while I decide?

Yes, if they've done both recently and won't push you into picking early. Tell them, and say it on your Match Profile, that you're comparing new construction and resale.

Do new homes need an inspection?

New doesn't mean defect-free. Ask whether the contract lets you bring your own inspector, and at which stages. Some buyers inspect before drywall and again before closing. Put warranty repair requests in writing, as the FTC recommends.

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Disclosure: Agent Intro is an introduction and referral service operated by Aire Realty, LLC, Indiana real estate brokerage license RC52500183. Agent Intro earns a referral fee when an introduction leads to a closed transaction. Full details are on our Disclosure page. This post is general information, not legal advice. Talk to a real estate attorney licensed in Indiana or Kentucky about your contract.