Do You Need a Real Estate Agent to Buy New Construction in Michigan?

No, Michigan does not require home buyers to use a real estate agent to purchase new construction, and you can absolutely work directly with the on-site sales team at a community like Oaks of Tyrone. But "not required" is not the same as "nothing to gain." An experienced buyer's agent reviews your contract, keeps track of allowances and change orders, and makes sure the home that closes is the home that was promised. Here is how representation actually works on new construction in Michigan, who pays for it, and what it looks like for buyers at Oaks of Tyrone, built by Big Sky Development.

The short answer: an agent is not required, but it is usually worth it

In Michigan, buying new construction without a buyer's agent is completely legal and common. Many buyers walk into a builder's sales office, fall in love with a floor plan, and sign without ever working with an outside agent. That can work out fine, especially at a community where the sales team and builder have a long record of treating buyers well. What matters is understanding that the person showing you the home represents the builder, not you. That is not a criticism of builder's sales agents; it is simply how representation works.

The question every buyer should ask before the first tour is simple: do I want a licensed professional whose only job is protecting my side of the deal? For a new construction purchase, that means someone who reads the builder's contract line by line, checks that every promised upgrade made it into the written agreement, and walks the home before closing looking for items that a busy sales team might miss. If the answer is yes, you want representation, and this guide explains how to get it without paying extra or stepping on toes.

Who is on your side of the table?

New construction has two very different roles that get confused: the builder's on-site sales agent and the buyer's agent. The sales agent works for the builder, is paid by the builder, and has a duty to sell the builder's homes. A buyer's agent, by contrast, has a fiduciary duty to you: to negotiate in your interest, flag unfavorable contract terms, and advise you honestly even when it means steering you away from a particular lot or upgrade.

That distinction matters more on a custom build than on a finished resale home. On a custom home you are committing to months of construction and a long list of selections: floor plan, elevation, kitchen layout, finishes, allowances, and a construction timeline with its own contingencies. Having someone read everything with your interest in mind, not the builder's, is real protection, not paperwork. For more on the differences you will feel during the process, our guide to custom vs. production builders and our breakdown of new construction vs. resale cover the territory in detail.

Who pays the buyer's agent on new construction in Michigan?

In most new construction transactions in Michigan, the builder pays the buyer's agent's commission out of the builder's own sales and marketing budget, typically around 2 to 3 percent of the purchase price. That means bringing a buyer's agent usually does not add to the price you pay for the home; the compensation is worked into how the builder prices its sales program, and the agent is paid at closing from the builder's side.

One important change to understand: since the National Association of Realtors settlement that took effect in August 2024, buyer-agent compensation is no longer set or advertised through the MLS. Instead, it is negotiated and disclosed in writing in your buyer representation agreement. The practical result is the same for most buyers, a builder who wants your business agrees to pay your agent's fee, but the terms are now spelled out between you and your agent up front rather than assumed. Always confirm, in writing, exactly how your agent will be compensated before you start touring.

The first-visit rule: register your agent before the tour

This is the detail that quietly costs buyers real money. Builders almost always require a buyer's agent to be registered with the sales office at or before the buyer's very first visit to the model home or community. If you tour without an agent and then decide a few weeks later that you want representation, most builders will not pay that agent's commission, because the builder considers you an "unrepresented" buyer who came through its own door. Depending on your buyer representation agreement, the fee could then become your responsibility.

The fix takes thirty seconds. Before your first walkthrough, tell the sales team you plan to work with your agent, or bring your agent with you that first day. At Oaks of Tyrone, the team will happily note your representation in your first conversation so there is no ambiguity later. If you are not sure whether you want an agent yet, it costs nothing to say so up front, and you avoid closing the door on representation you might want later.

What a buyer's agent actually does during a custom home build

On a resale home, an agent's job mostly happens before the offer. On a custom build, the work continues for months. A good buyer's agent will:

• Review the purchase agreement, allowance list, and specs with you before you sign, so "upgrades" you think you picked are actually in the contract.
• Track change orders and confirm every selection in writing, from flooring to cabinet hardware.
• Stay on top of the construction schedule so framing, rough-in, and finish milestones get the attention they deserve.
• Accompany you on the pre-drywall and final walkthroughs and keep a punch list of items for the builder to correct.
• Coordinate with your lender and the closing team so financing and title move on schedule.

If you are building with a reputable custom builder, most of these steps are handled professionally anyway. What representation adds is a second set of eyes whose allegiance is to you alone. Our posts on what to look for in a new construction builder and the biggest mistake new construction buyers make are good companions to this one, and the build timeline shows you where those milestones fall.

How it works at Oaks of Tyrone

If you already have a real estate agent you trust, the answer is easy: bring them. Register them with the sales team before or during your first visit to the homesites on Timber Trail, and their compensation is handled through the normal builder process at closing. Nothing about the price changes, and you get the defense of someone who has done this before.

If you do not have an agent, you can work directly with Rob Moen and The Moen Group team at Big Sky Development. Rob is a licensed Principal Broker in Michigan, the Principal Broker of Keller Williams First, and a past president of both the East Central Association of Realtors and the Women's Council of REALTORS. His team has guided thousands of buyers through new construction transactions, and he knows Big Sky's floor plans, lots, and building process inside and out. You get a seasoned real estate professional involved in the transaction without needing to find and register a second agent.

The cleanest path for most buyers is to have one honest conversation before the first tour: call Rob at 810-691-0019, tell him whether you have representation or want his team to represent you, and he will make sure the paperwork reflects that from day one. No surprises at closing, no fee questions later, just a clear agreement on who is doing what for you.

Frequently asked questions