Picture your morning coffee on a covered porch, a garden bed coming in, and nothing but open sky past the back fence. For a lot of homeowners, the only thing standing between today and that view is the house they live in now. So the first question is usually this: will a builder accept a home sale contingency on new construction in Texas? The honest answer is that some builders do, many don't, and the terms are usually tighter than on a resale. Here is how it works and how to plan around it in Van Alstyne.
The short answer
- Some builders accept a home-sale contingency. Many do not, and policies can differ by community and by whether the home is finished or still to be built.
- On Texas resale contracts, the standard tool is the TREC Addendum for Sale of Other Property by Buyer (TREC No. 10-6). Many builders write offers on their own purchase agreement instead.
- Van Alstyne has plenty of new construction to choose from: about 140 active new-build listings, from roughly $280,000 to about $1.98 million, as of November 3, 2026, per MLS data on carpediemgoleman.com.
- About 40 of those sit on 1 acre or more, starting near $570,000 (same date and source).
How a home-sale contingency works in Texas
A home-sale contingency makes your purchase depend on selling the home you own now. On a Texas resale, agents use the TREC Addendum for Sale of Other Property by Buyer. It ties the contract to your receipt of the proceeds from your sale by a set date.
If your home hasn't sold and you haven't waived the contingency by that date, the contract ends and your earnest money comes back to you. In the meantime, the seller can keep marketing the home and accept a back-up offer.
If the seller accepts a back-up offer, you get written notice and a short window to waive the contingency, which means depositing additional earnest money. Miss it and the contract ends. The deadlines are strict.
Why builders handle contingencies differently
A finished spec home costs a builder money every month it sits, and a to-be-built home ties up a lot and a construction schedule. That is why many builders prefer offers not tied to another sale.
Others accept a contingency but shorten the timeline, raise the deposit or limit it to certain homes. Because many builders use their own contract forms, the rules are whatever that agreement says.
Home sale contingency on new construction: what to expect in Van Alstyne
Van Alstyne has a wide mix of new homes, from subdivision lots to an acre or more. That means more than one builder to talk to, and answers that can change from one community to the next. These are the questions I ask each builder:
- Do you accept a home-sale contingency at all?
- Is it allowed on finished homes, to-be-built homes, or both?
- How long does the contingency last, and is there a kick-out or back-up clause?
- How much is the deposit, and when does it become non-refundable?
- Do incentives or pricing change if the offer is contingent?
You can browse current listings on my Van Alstyne homes for sale page. If you are still weighing a custom build, my earlier post on building on your own lot versus buying a spec home in Van Alstyne walks through that choice.
Ready to trade the HOA and the small yard for an acre? One call can map both sides: what your home could sell for and what that buys today.
Your options when a builder says no
Sell first, then bridge the gap
Selling first gives you a firm number and a stronger offer. If your buyer agrees, a Texas Seller's Temporary Residential Lease can let you stay a short time after closing.
Line up the timelines
A to-be-built home can take months to finish. That window can give you time to list, sell and close your current home before the new one is done. Ask the builder for a realistic completion range in writing.
Talk to your lender about financing options
Some buyers qualify for the new home before selling, or use a bridge loan or home equity line. It depends on your income, debts and equity, so confirm your options with a licensed lender first.
If your home is already under contract when you make your offer, you look much stronger to a builder. Start with a home valuation and see how I list homes on my selling page.
My take
My family gardens, raises chickens and spends as much time outside as we can. I know how much more space, privacy and freedom can change everyday life, which is why I focus on homes with larger lots and no-HOA properties around Anna, McKinney and Van Alstyne.
My practical advice is simple: decide the order of your move before you fall in love with a model home. Know what your current home could net, know what your lender will approve, and know each builder's contingency rules. With those three answers, the rest of the plan gets much easier.
Frequently asked questions
Can I make an offer on a new build before my house is listed?
Sometimes. It depends on the builder and on whether you qualify to buy without selling first. Many builders want to see your home listed or under contract first.
Is my earnest money at risk with a contingency?
Under the standard TREC addendum, if the contingency isn't met or waived by the deadline, the contract ends and your earnest money is refunded. A builder's own contract may handle deposits differently, so read those terms closely before you sign.
Will a contingent offer cost me builder incentives?
It might. Some builders tie incentives to closing by a certain date or to a non-contingent offer. Ask before you write the offer so there are no surprises.
Do I need my own agent for new construction?
The builder's sales team works for the builder. In Texas, buyers sign a written buyer representation agreement before touring, and compensation is set in that agreement. I explain how it works with each builder, and many builders want your agent there at the first visit. You can learn more on my buying page.
If you own a home in Collin or Grayson County and you have been thinking about moving up to more land, now is a good time to map out your timeline. You may also find this post helpful: selling your McKinney home and moving north for more space.
Call or text me at 214-783-8094 or visit carpediemgoleman.com.
Diem Goleman, REALTOR® | DHS Realty | Top-producing REALTOR® since 2020 | ALHS, SRS, GRI, C2EX
General information only, not legal or lending advice. Contract terms vary by builder; have an attorney review any agreement and confirm financing with a licensed lender. Photo: downtown Van Alstyne by Renelibrary, via Wikimedia Commons.