Ensure that you review with your broker-in-charge how different builders in your area typically have compensated and operated with your brokerage in the past.
Ensure that you do your best to comply with the requirements of the particular builder.
Ensure that you educate buyers that when the buyers sign an “exclusive right to buy” agreement with you and your brokerage (agency or transaction brokerage) that means the buyers will do all real estate shopping and buying with you. That means no “just stopping by” at listing open houses and no “just stopping by” at new construction home models/offices and no “just stopping by” at FSBO and no talking to other REALTORS® (even best friends, cousins and in-laws) without you involved at all times subject to you/brokerage suing the buyers for compensation and your attorney fees that might far exceed the compensation amount.
If a new home is in MLS and your brokerage participates in MLS, that is your contract.
If a new home is not in MLS but your brokerage has done deals with a builder in the past, that may arguably form a contract for future deals especially if there are verbal agreements or email agreements.
However, it is always best to get the agreement in writing. SCR120 compensation agreement signed prior to offer is one way to get the compensation agreement in writing.
Some new home builders have a “registration” process in place…so ensure that you are comfortable with this type of arrangement before beginning interacting.
Based on hotline calls, some of the registration processes are very informal and may be as difficult to enforce in court as a past dealings argument or a verbal agreement. No published SC court cases directly address this registration arrangement. Also some builders allow multiple registrations for the same buyers.