How PulteGroup Uses This Clause
PulteGroup purchase agreements have been documented to include affiliated lender incentive steering provisions. PulteGroup may condition closing incentives, design credits, or rate buy-downs on the buyer using Pulte Mortgage LLC. The 2010 Arizona AG action alleged that Pulte Mortgage pre-qualified consumers at one rate, then offered substantially higher rates at closing. One consumer was pre-qualified at 7% but offered 13.875% at closing. Buyers who attempted to cancel after the rate change were denied earnest money refunds. This clause has been the subject of litigation, including Arizona AG Settlement (Earnest Money / Consumer Fraud).
This provision typically appears within the purchase agreement alongside other terms that may limit buyer remedies. This provision is closely connected to PulteGroup's affiliated lending arm, Pulte Mortgage LLC (NMLS #1791, headquartered in Englewood, CO). Because PulteGroup operates across multiple states, the enforceability and practical impact of this clause varies depending on where the home is located.
PulteGroup'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.
Standardized Across Markets
PulteGroup's scale means contract templates are largely standardized across its operations. This clause identified in one state's contract is likely present in other states' contracts, though local addenda may modify the terms.
Connection to Pulte Mortgage LLC (NMLS #1791, headquartered in Englewood, CO)
PulteGroup operates Pulte Mortgage LLC (NMLS #1791, headquartered in Englewood, CO) 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.
Legal History
The following cases involve PulteGroup's use of this clause type.
Arizona AG Settlement (Earnest Money / Consumer Fraud)
Arizona Attorney General Terry Goddard announced a $1,181,400 settlement with Pulte Home Corporation and Pulte Mortgage LLC, resolving allegations that Pulte's pre-qualification practices, earnest money deposit policies, and Spanish-language marketing efforts violated Arizona consumer protection law. The AG alleged that Pulte pre-qualified consumers at one interest rate but later offered substantially higher rates at closing, and that Pulte Mortgage failed to issue loan disapproval notices before contractual deadlines, then denied earnest money refunds. The settlement required Pulte to refund $81,400 to 10 consumers and fund a $200,000 escrow for additional claims. Source: Arizona Attorney General press release.
State-by-State Enforceability
Enforceability of this clause varies by state. The following reflects PulteGroup's operating states.
| State | Status | Note |
|---|---|---|
| Texas | Likely Enforceable | Texas generally permits builders to offer incentives conditioned on using a preferred lender,... |
| Florida | Likely Enforceable | Florida permits builders to offer incentives conditioned on using a preferred lender, subject to... |
| California | Uncertain | California permits preferred lender arrangements subject to RESPA requirements, but the California... |
| Arizona | Likely Enforceable | Arizona permits builders to offer incentives conditioned on using a preferred lender, subject to... |
| Georgia | Likely Enforceable | Georgia permits builders to offer incentives conditioned on using a preferred lender, subject to... |
| North Carolina | Likely Enforceable | North Carolina permits builders to offer incentives conditioned on using a preferred lender, subject... |
| South Carolina | Likely Enforceable | South Carolina permits builders to offer incentives conditioned on using a preferred lender, subject... |
| Colorado | Likely Enforceable | Colorado permits builders to offer incentives conditioned on using a preferred lender, subject to... |
| Nevada | Likely Enforceable | Nevada permits builders to offer incentives conditioned on using a preferred lender, subject to... |
| Virginia | Likely Enforceable | Virginia permits builders to offer incentives conditioned on using a preferred lender, subject to... |
| Maryland | Uncertain | Maryland permits preferred lender arrangements subject to RESPA requirements, but Maryland's... |
| Tennessee | Likely Enforceable | Tennessee permits builders to offer incentives conditioned on using a preferred lender, subject to... |
| Indiana | Likely Enforceable | Indiana permits builders to offer incentives conditioned on using a preferred lender, subject to... |
| Ohio | Likely Enforceable | Ohio permits builders to offer incentives conditioned on using a preferred lender, subject to... |
| Pennsylvania | Uncertain | Pennsylvania permits preferred lender arrangements subject to RESPA requirements, but the... |
| New Jersey | Uncertain | New Jersey permits preferred lender arrangements subject to RESPA requirements, but the New Jersey... |
| Minnesota | Uncertain | Minnesota permits preferred lender arrangements subject to RESPA requirements, but the Minnesota... |
| Illinois | Uncertain | Illinois permits preferred lender arrangements subject to RESPA requirements, but the Illinois... |
| Michigan | Likely Enforceable | Michigan permits builders to offer incentives conditioned on using a preferred lender, subject to... |
| Washington | Uncertain | Washington permits preferred lender arrangements subject to RESPA requirements, but the Washington... |
| Utah | Likely Enforceable | Utah permits builders to offer incentives conditioned on using a preferred lender, subject to... |
| Alabama | Likely Enforceable | Alabama permits builders to offer incentives conditioned on using a preferred lender, subject to... |
| Connecticut | Uncertain | Connecticut permits preferred lender arrangements subject to RESPA requirements, but Connecticut's... |
Related Clauses in PulteGroup Contracts
This clause often works in combination with other provisions in PulteGroup's purchase agreements.
Incentives tied to using the preferred lender may be lost if the buyer switches lenders, and the deposit terms may reflect this.
What Buyers Can Do
- Compare rates with independent lenders. Pulte Mortgage LLC (NMLS #1791, headquartered in Englewood, CO) 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.
- Review the Arizona AG Settlement (Earnest Money / Consumer Fraud) case. The Arizona AG Settlement (Earnest Money / Consumer Fraud) ruling may be relevant to your situation. If you are buying a PulteGroup home in a state with similar legal protections, this precedent could affect the enforceability of this clause.
- Have the full contract scanned before signing. This clause is often one of several interconnected provisions in PulteGroup contracts that collectively limit buyer remedies. A contract scan can identify all of them.