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M/I Homes: Preferred Lender

Contract clause analysis

How M/I Homes Uses This Clause

M/I Homes purchase agreements have been documented to include affiliated lender incentive steering provisions. M/I Financial, LLC (NMLS #50684) is the wholly owned mortgage subsidiary of M/I Homes, operating since 1983. M/I Financial offers conventional, FHA, VA, jumbo, and adjustable-rate mortgage products. Builder incentives such as closing cost credits or interest rate buydowns may be contingent on using M/I Financial. Under RESPA, buyers are not required to use the affiliated lender, but should compare rates and terms with at least two independent lenders to ensure competitive pricing.

This provision typically appears within the purchase agreement alongside other terms that may limit buyer remedies. This provision is closely connected to M/I Homes's affiliated lending arm, M/I Financial, LLC (NMLS #50684); wholly owned subsidiary since 1983. Because M/I Homes operates across multiple states, the enforceability and practical impact of this clause varies depending on where the home is located.

M/I Homes's scale means contract templates are largely standardized across its operations. A clause identified in one market's contract is likely present in other markets' contracts, though local addenda may modify the terms.

Builder-Specific Details

Combined with Deposit Forfeiture

Incentives tied to using the preferred lender may be lost if the buyer switches lenders, and the deposit terms may reflect this.

Regional Contract Patterns

M/I Homes operates in a more focused geographic footprint. Contract terms may vary somewhat between markets, but documented patterns tend to be consistent across the builder's operating states.

Connection to M/I Financial, LLC (NMLS #50684); wholly owned subsidiary since 1983

M/I Homes operates M/I Financial, LLC (NMLS #50684); wholly owned subsidiary since 1983 as an affiliated lending arm. The builder may offer financial incentives for buyers who use this lender, which creates a direct connection between the lending relationship and the terms of the purchase agreement.

State-by-State Enforceability

Enforceability of this clause varies by state. The following reflects M/I Homes's operating states.

StateStatusNote
OhioLikely EnforceableOhio permits builders to offer incentives conditioned on using a preferred lender, subject to...
IndianaLikely EnforceableIndiana permits builders to offer incentives conditioned on using a preferred lender, subject to...
MichiganLikely EnforceableMichigan permits builders to offer incentives conditioned on using a preferred lender, subject to...
IllinoisUncertainIllinois permits preferred lender arrangements subject to RESPA requirements, but the Illinois...
North CarolinaLikely EnforceableNorth Carolina permits builders to offer incentives conditioned on using a preferred lender, subject...
South CarolinaLikely EnforceableSouth Carolina permits builders to offer incentives conditioned on using a preferred lender, subject...
FloridaLikely EnforceableFlorida permits builders to offer incentives conditioned on using a preferred lender, subject to...
TexasLikely EnforceableTexas generally permits builders to offer incentives conditioned on using a preferred lender,...
TennesseeLikely EnforceableTennessee permits builders to offer incentives conditioned on using a preferred lender, subject to...
MinnesotaUncertainMinnesota permits preferred lender arrangements subject to RESPA requirements, but the Minnesota...
VirginiaLikely EnforceableVirginia permits builders to offer incentives conditioned on using a preferred lender, subject to...
PennsylvaniaUncertainPennsylvania permits preferred lender arrangements subject to RESPA requirements, but the...
MarylandUncertainMaryland permits preferred lender arrangements subject to RESPA requirements, but Maryland's...
GeorgiaLikely EnforceableGeorgia permits builders to offer incentives conditioned on using a preferred lender, subject to...
ColoradoLikely EnforceableColorado permits builders to offer incentives conditioned on using a preferred lender, subject to...

Related Clauses in M/I Homes Contracts

This clause often works in combination with other provisions in M/I Homes's purchase agreements.

DEP-001Deposit Forfeiture

Incentives tied to using the preferred lender may be lost if the buyer switches lenders, and the deposit terms may reflect this.

MPS-001Payment Suppression

The affiliated lender provides the suppressed payment estimates, creating a direct connection between these clauses.

What Buyers Can Do

  • Compare rates with independent lenders. M/I Financial, LLC (NMLS #50684); wholly owned subsidiary since 1983 may offer closing cost credits or other incentives, but the overall loan terms may not be the most competitive available.
  • Calculate the true cost of lender incentives. A closing cost credit of several thousand dollars may be offset by a higher interest rate over the life of the loan. Run the numbers for your specific situation.
  • Have the full contract scanned before signing. This clause is often one of several interconnected provisions in M/I Homes contracts that collectively limit buyer remedies. A contract scan can identify all of them.
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This article is for informational and educational purposes only. It does not constitute legal advice. Consult a licensed attorney in your state before making legal decisions.