Cash-Out Refinance on Primary

[Josh Wickboldt]

I'm looking at doing a cash-out refinance on my Primary residency.  The plan is to use that cash for a down payment for another primary residency and renting out my current place within a year.  I have lived at my current place for 3 years now, but I have one lender saying if I do a cash-out refinance I will have to stay for a year and another telling me I will not because I have lived there 3 years and it's just a cash-out refinance and not a purchase.  So just trying to see which one is right??