It could fall into one of the below categories but you should evaluate whether this is something you should have been aware of. If, as you said, this is going to be the outcome when dealing with new construction then this would be something you should have already known. In my opinion, this is going to come down to whether there was something specific about this transaction that prevented the evaluation or if this was an oversight on someone's part where the factors prohibiting the evaluation were already known.
(1) An extraordinary event beyond the control of any interested party or other unexpected event specific to the consumer or transaction;
(2) Information specific to the consumer or transaction that the creditor relied upon when providing the disclosures required under paragraph (e)(1)(i) of this section and that was inaccurate or changed after the disclosures were provided; or
(3) New information specific to the consumer or transaction that the creditor did not rely on when providing the original disclosures required under paragraph (e)(1)(i) of this section.
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Opinions expressed are my own and do not reflect legal advice or the opinions of my employer.