§ 3550.70 Conditional commitments. A conditional commitment is a determination by RHS that a dwelling offered for sale will be acceptable for purchase by a qualified RHS loan applicant if it is built or rehabilitated in accordance with RHS-approved plans, specifications, and regulations and priced within the lesser of the property's appraised value or the applicable maximum load limit. The conditional commitment does not reserve funds, does not guarantee funding, and does not ensure that an eligible loan applicant will be available to buy the dwelling. ( a ) *Eligibility.* To be eligible to request a conditional commitment, the builder, dealer-contractor, or seller must: ( 1 ) Have an adequate ownership interest in the property, as defined in § 3550.58, prior to the beginning of any planned construction;
( 2 ) Have the experience and ability to complete any proposed work in a competent and professional manner;
( 3 ) Have the legal capacity to enter into the required agreements;
( 4 ) Be financially responsible and have the ability to finance or obtain financing for any proposed construction or rehabilitation; and
( 5 ) Comply with the requirements of 7 CFR part 1901, subpart E and all applicable laws, regulations, and Executive Orders relating to equal opportunity. Anyone who receives 5 or more conditional commitments during a 12-month period must obtain RHS approval of an affirmative marketing plan.
( b ) *Limitations.* Conditional commitments for new or substantially rehabilitated dwellings will not be issued after construction has started. RHS may limit the total number of conditional commitments issued in any locality based on market demand.
( c ) *Commitment period.* A conditional commitment will be valid for 12 months from the date of issuance. The commitment may be extended for up to an additional 6 months if there are unexpected delays in construction caused by such factors as bad weather, materials shortages, or marketing difficulties. Conditional commitments may be canceled if construction does not begin within 60 days after the commitment is issued.
( d ) *Conditional commitments involving packaging of applications.* A conditional commitment may be made to a seller, builder, or dealer-contractor who packages an RHS loan application for a prospective purchaser. In cases where the dwelling is to be constructed for sale to a specific eligible applicant, all of the following conditions must be met: ( 1 ) The conditional commitment will not be approved until the applicant's loan has been approved;
( 2 ) Construction will not begin until loan funds are obligated for the loan. Exceptions may be made when it appears likely that funding will be forthcoming and as long as the RHS lien priority is not jeopardized. The sales agreement must indicate that the loan has been approved but not funded and must provide that if the loan is not closed within 90 days of the date of approval, the contractor may terminate the sales agreement and sell the property to another party. If the sales agreement is terminated, the conditional commitment will be honored for another eligible loan applicant for the remaining period of the commitment; and
( 3 ) The RHS loan will be closed only after the dwelling is constructed or the required rehabilitation completed and final inspection has been made.
( e ) *Fees.* An application for a conditional commitment must include payment of the conditional commitment fee. The fee will be refunded if for any reason preliminary inspection of the property or investigation of the conditional commitment applicant indicates that a conditional commitment will not be issued. Application fees will not be refunded for any property on which the required appraisal has been made.
( f ) *Failure of conditional commitment applicant or dwelling to qualify.* The conditional commitment applicant will be informed if the conditional commitment is denied. Conditional commitments will be canceled if the property does not meet program requirements.
( g ) *Changes in plans, specifications, or commitment price.* The holder of the conditional commitment must request approval for changes in plans, specifications, and commitment price. RHS may approve the changes if the following requirements are met: ( 1 ) The property price does not exceed the maximum loan limit and increases in costs are due to factors beyond the control of the commitment holder; and
( 2 ) The requested changes are justifiable and appropriate.
( h ) *Builder's warranty.* The builder or seller, as appropriate, must execute either an RHS-approved “Builder's Warranty,” or provide a 10-year insured warranty when construction is completed or the loan is closed.
[61 FR 59779, Nov. 22, 1996, as amended at 67 FR 78330, Dec. 24, 2002]