Legal Policy


TERMS OF USE

GENERAL

Akel Homes LLC and/or its affiliates (for convenience, hereinafter referred to collectively as (“Akel Homes”) provides this Website as a resource for you to find general information relating to the communities and homes offered by Akel Homes’ affiliated entities. The term “Website” as used herein shall mean and refer to this Website, each of the pages comprising the Website and all information contained on the Website. Violation of these Terms of Use may result in termination of your use of or access to this Website. Any disruption of this Website caused by you or anyone using your account will be prosecuted to the fullest extent of the law. By using this Website you acknowledge that you have read these Terms of Use and Important Legal Notices and agree to be bound by the terms and conditions herein.

COPYRIGHT

This Website, including, without limitation, all text, plans, floor plans, elevations, renderings, illustrations, graphics, photographs and images, are all copyrighted material owned by Akel Homes, and may not be used, copied, reproduced or distributed in any manner, in whole or in part, without the express prior written consent of Akel Homes.

TRADEMARKS

AKEL HOMES®, Akel Homes logo and myAkel logo are trademarks and service marks of Akel Homes. Akel Homes also own trademarks service mark rights to logos, slogans and designs which are not expressly listed above. The unauthorized use of any trademark or service mark on this Website and/or owned by Akel Homes is strictly prohibited.

EQUAL HOUSING OPPORTUNITY

We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status, or national origin.

EQUAL OPPORTUNITY EMPLOYER

Akel is an equal opportunity employer. We consider applicants for all positions without regard to race, color, religion, sex, national origin, age, marital status, disability, or any other legally protected status.

NO OFFER TO BUY OR SELL

The information contained on this Website is for informational purposes only and shall not be construed or deemed to: (i) constitute an offer to sell any of the homes or communities described or referred to on this Website, or (ii) be an offering or a solicitation in those states where prior registration is required. Offers to purchase our homes may only be made and accepted at the sales center located at the applicable community, and by execution of a written purchase contract by the parties thereto. In addition, if prior registration under the laws of your state is required, please understand that we may not be able to provide you with information.

CHANGES IN INFORMATION

The information on this Website is subject to change at any time and without notice. In addition, inaccuracies or errors may exist. However, we endeavor to provide the most up-to-date and accurate information possible on this Website. We reserve the right to change any and all such information, and to correct any such inaccuracies or errors that may exist, at any time and without notice. Akel Homes shall not be responsible or liable in any way for any losses or damages of any kind whatsoever (including, without limitation, punitive, consequential or incidental damages) which you may incur in connection with this Website and/or your use thereof, including, without limitation, any inaccuracies or errors that may exist. All information should be verified by you at the particular community you are interested in.

NO RELIANCE ON ORAL REPRESENTATIONS

Oral representations cannot be relied upon as correctly stating representations of the developer. For correct representations make reference to this brochure and to the documents required by Section 718.503, Florida Statutes, to be furnished by a developer to a buyer or lessee.

PRICES

All prices are subject to change at any time and without notice, and do not include optional features or premiums for upgraded homesites. From time to time, price changes may have occurred that are not yet reflected on this Website. Please check with the sales center at the applicable community you are interested in for the most current pricing.

PROMOTIONS

All offers subject to change at anytime without notice.

PLANS; FEATURES; OPTIONS; CHANGES

Plans, elevations, specifications, features, colors, designs, dimensions and materials are all subject to availability, and to change or substitution at any time and without notice. Plans are only for illustrative and conceptual purposes, are not to scale and may be the reverse (mirror) image of those shown. All measurements including, but not limited to, room dimensions and ceiling and wall heights are approximate and may vary from those shown as a result of, among other things, construction materials, construction practices, field conditions and flooring thicknesses. Square footage is approximate and is measured from the outside of exterior walls. Illustrations of elevations and plans are artists’ depictions only. In production, plans and elevations may vary in precise details and dimensions, and may not actually be constructed as shown. The fixture shapes shown are graphical in nature and are not necessarily indicative of a particular style or model. Landscaping depicted is not to scale and may vary as to type, maturity, location and number. In addition, some features shown in the model homes may not be included in the purchase price of the homes as quoted. Site plans are for illustrative and conceptual purposes only and are subject to change without notice. Not all plans, features or amenities are available in all communities shown on this Website. Please consult your sales representative and refer to the Purchase Contract in order to determine which features, specifications and elevations are included in any home you may purchase.

PHOTOGRAPHY; ILLUSTRATIONS

Photography may be stock photography and is used to depict the spirit of the lifestyles to be achieved rather than any that may exist or that may be proposed. Photographs featured may be similar to the models featured, but certain specifications may differ. See sales associate for details. Illustrations of elevations and plans are artist’s depictions only.

VIRTUAL TOURS

Virtual Tours used in this Website are for general demonstration purposes only, and are not depictive of the actual homes to be constructed. The tours are available to generally show the layout and design of the homes available for purchase.

COMMUNITY AMENITIES

All references to clubs, golf clubs and membership opportunities and other amenities are subject to fees, dues and availability. Amenity facilities and clubs in certain communities may be owned and managed by third parties not affiliated with Akel, or owned by third parties but managed by Akel pursuant to a separate management agreement. Some amenities described herein are not yet constructed and no guarantee is made that the amenities or features described and/or depicted will be built, or if built, will be of the same type, size or nature depicted. Nothing herein shall obligate Akel to improve or construct facilities as described or shown herein.

AS-IS; NO WARRANTY

EVERYTHING ON THIS WEBSITE IS PROVIDED “AS-IS” AND WITHOUT WARRANTY (EXPRESS OR IMPLIED) OF ANY KIND WHATSOEVER. AKEL HOMES HEREBY EXPRESSLY DISCLAIMS, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL WARRANTIES WHETHER ARISING FROM CUSTOM, USAGE OF TRADE, COURSE OF DEALING, CASE LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

LINKED SITES

This Website may contain links to websites that are not owned or maintained by Akel Homes. Akel Homes shall not be responsible or liable for any of the content contained on or provided by any websites reached by such links. Your use of such links and websites is solely at your own risk are provided for your use solely as a convenience.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Akel Homes LLC and each and every of its affiliates, and each of their respective shareholders, partners, officers, directors, employees, consultants, attorneys and agents, from and against any and all claims, liabilities, damages (whether direct, indirect, punitive, incidental, special, consequential or otherwise), judgments, settlements, causes of action and/or costs whatsoever (including, without limitation, reasonable attorneys’ fees at trial and all appellate levels and/or in all alternative dispute resolution proceedings) arising from and/or in connection with your use of this Website and/or your violation of these Terms of Use.

BROKER POLICY

Akel Homes values our relationships with the local brokers in our communities. A commission will be paid to a Broker when the Broker complies with the policies and procedures below and in accordance with the Broker Participation Agreement to be entered into between the Broker and the community developer. The following are some of our policies and procedures for establishing and maintaining these relationships.

Buyer Registration: All prospective Buyers will complete a Traffic Registration Form upon their initial visit to a Akel Homes community. That form will provide the Buyer an opportunity to indicate whether they are working with a Broker or one of Broker’s Agents, and if so, provide the Broker’s name and contact information. If the Buyer registers without identifying a Broker or Broker’s Agent, no Broker will be eligible to receive a commission for that Buyer’s purchase.

Broker Registration: Broker or one of Broker’s Agents must be present during the Buyer’s initial visit to the community and must complete a Broker Registration Form at that time. If not present during the Buyer’s initial visit but the Buyer has indicated they are working with the Broker on the Traffic Registration Form, the Broker may visit the sales office and complete the Broker Registration Form within 2 days of the Buyer’s initial visit. The Broker Registration does not guarantee a commission payment. The Broker determined to be representing the Buyer at the time of Contract is the Broker who will be paid the commission on the purchase and sale. 

Buyer Representation: Upon execution of the Broker Registration Form, the Broker will have the exclusive right to represent the Buyer in connection with the purchase of a home in the community for a period of 90 days. The Broker Registration Form does not guarantee a commission payment. If within ninety (90) days of the initial visit, a contract is executed and the transaction closes, commission will be deemed earned and payable (within three (3) days following closing) to the Broker who is designated as the Buyer’s Broker on the Broker Participation Agreement (separate and apart from this Broker Registration Form). In the event of any default by the Buyer, no commission shall be paid to earned or paid. Broker will fully disclose the relationship to Buyer and will acknowledge that Broker does not represent Seller.

Once a Buyer has visited any Akel Homes’ community without identifying a Broker or if any 90 day protection period expires, no commission will be paid to any Broker for that Buyer’s purchase unless Broker re-registers Buyer after 1 year elapses from that Buyer’s last contact with any Akel Homes’ community. Broker registration starts over with each new community.

Commissions: Commissions may be different at each community, but are generally 3% of the net purchase price (i.e., base purchase price of the home plus lot premium, not including any options, less all credits and promotional discounts). Commissions are payable at closing only if and after the transaction actually closes. If closing does not occur for any reason whatsoever, no commission will be earned or paid. Broker must have an active Florida Real Estate License in order to earn commission. Brokers may not refund, rebate, or otherwise reimburse Buyer for any portion of the commission earned.

Marketing: Broker, its agents and/or representatives are not permitted to:

  • Copy or use any materials of Seller, Akel Homes or any of Seller’s or Akel Homes’ logos on any of your websites or in any of your marketing materials including, without limitation, text, floor plans, site plans, elevations, renderings, illustrations, videos, graphics, photographs and/or images.
  • Use the name of our projects, Seller, Akel Homes or other trademark of Akel Homes (or any derivations thereof) in any internet or website domain name.
  • Use any project name or other trademark (or any derivations thereof) of Seller or Akel Homes as part of the name of your brokerage company or any division thereof.
  • Include any hidden metadata in any of your websites containing any project name or other trademark (or any derivations thereof) of Seller or Akel Homes.
  • Refund or rebate any portion of your Commission, Bonus or other compensation to Purchaser.

All references to Seller, Akel Homes, a Akel Homes project name, a floor plan, model or other item of Seller or Akel Homes appearing on any website page of Broker shall only be used as hyperlinks to Akel Homes’ webpages and content utilizing hyperlinks provided by Akel Homes which shall be made available to Broker upon request.

SEPARATE COMMUNITIES; SEPARATE ENTITIES

Each community is developed and sold by separate and distinct entities and therefore no entity is liable or responsible for the acts or omissions of any other entity. The following is a list of the current communities and the entity developing and selling that community:

  • Villamar at Toscana Isles is being developed and sold by West Atlantic Development I, LLC, a Florida Limited Liability Company. This is not an offering in states where prior registration is required. In conformance with County requirements, The Community lies in an area where some of the adjacent and surrounding properties are presently zoned for and/or used for agricultural uses, a permissive zoning designation allowing, among other things, landscape nurseries, livestock, pets and row crops; which activities, among other things, generate noise.

MISCELLANEOUS

You represent and warrant that you are age 18 or older and that the information you submit through the Website is accurate and complete to the best of your knowledge. You acknowledge that you bear all risk and responsibility for errors or delays that result from inaccurate or incomplete information provided by you.

You agree to indemnify and hold us harmless from any damage, loss, expense, including without limitation attorneys’ fees and all costs of investigation, settlement and appeal, arising out of, resulting from or relating to any failure by you to comply with the Legal Disclaimer or for any misrepresentations made by you.

By using this Site and any information on this Site, the user submits to the exclusive jurisdiction of the state or federal courts located in the State of Florida to resolve disputes of any kind arising out of user’s reliance on the information on this Site, or any interaction with Akel involving the Site.

Akel may from time to time revise and update this Site. We advise you to visit this page regularly for updated Important Legal Notices.