They are in the business of selling homes so I would suggest that you ask the lender to call the builder (or vice versa) so the builder can feel more comfortable with the program and the buyer. There are enough flaky lenders out there that it can cause sellers to be very cautious about a lender that makes promises they may not be able to keep.
There's an interesting phenomenon with buyers and new construction homes I want to address.
Aside from the fact that the "builders" agent represents the "builder" - and is therefore legally duty bound to get the best deal and terms possible for the "builder", some builders do use sales staff that are not licensed agents, not well trained and therefore may not know various laws any better than the general public. To compound things, the generally "fair and balanced" GAR contracts are not always used by builders - many builders have custom contracts drafted blatantly in their favor and adverse to the buyer.
That combination can challenge even experienced buyers agents, but for an unrepresented buyer it can be a knockout blow. Just a few ways I see unrepresented "do it yourselfer" buyers get taken advantage of with new home purchases: they pay more money for their home, accept poor quality construction and defects easily deemed as builder "standard work" per the contract, they experience unexpected hassles and extended closing delays that can result in significant extra expense for temporary quarters - all with zero recourse!
Yet, interestingly, there has always been a disproportionately high number of buyers who walk into a new home sales office/model home and end up dealing directly with the builders agent on their own, versus the number of buyers who hire a buyers broker to represent them to locate and purchase an existing home!
You can sort of see a seller trying to go it alone - they believe they are saving a commission - but what's up with self represented buyers? As agents and brokers we know buyer representation is free - buyers save absolutely nothing by going it alone versus having expert representation - whether buying new or existing!
I think NAR had it right a few years ago with their campaign that essentially said: "Buyers and sellers don't know what they don't know." This applies doubly when it comes to buying a new construction home - see my link for just one example!
What do you think?
As far as legality goes, there is no meeting of the minds here. An agent can not refuse to submit an offer to a seller - even if the builder tells them not to accept an offer, for example if pre-approval is not through a preferred lender.