The entire transaction which is the subject of the request must be an actual-not a hypothetical-transaction but need not involve only prospective conduct. However, a request will not be considered unless that portion of the transaction for which an opinion is sought involves only prospective conduct. An executed contract is not a prerequisite and, in most-if not all-instances, an opinion request should be made prior to the requestor's commitment to proceed with a transaction.
28 C.F.R. § 80.3