Terms of Use


Last revised on January 1, 2022.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS FOR USE (“Terms of Use”) OF THESE SITES (as defined hereinafter) CAREFULLY BEFORE PROCEEDING. All users (“Users” or “You”) of “these Sites,” which are defined to include all online and mobile websites, social media sites, applications, and any other services offered or provided by Akel Homes (as defined below), agree that You have read and understand these Terms of Use and that access to or any other use of these Sites is subject to the following Terms of Use and all other applicable laws. We are not responsible for the collection, usage or sharing practices or policies of other companies or platforms including Facebook, Twitter, Instagram, Google, or Adobe, to mention just a few. Please visit those websites to review their privacy policies and practices. If you do not agree to these Terms of Use, please discontinue and do not use these Sites.

These Terms of Use describe the use of this website (this “Website”), mobile sites, applications, and mobile interactive features (“Mobile Applications”), social media pages and blogs (“Social Media Pages”), and in connection with email messages or text messages that we may send to You. This Website, our Mobile Applications and our Social Media Pages are collectively referred to in these Terms of Use as our “Sites.” As used herein, the words “user,” “You,” and “your” mean users of this Website or our other Sites.

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.

EFFECTIVE DATE

These Terms of Use were effective as of the date of the last update as set forth at the top of these Terms of Use.

LEGAL TERMS

Akel Homes, LLC and its affiliates and subsidiaries (collectively, “Akel Homes”, “we,” “us” or “our”) has created, maintains, and provides these Sites solely for informational and communication purposes regarding the Akel Homes family of communities, homes, warranty services, and other related products and services and is not intended to constitute an offer of solicitation. While Akel Homes attempts to keep the information included in these Sites accurate and up-to-date at all times, Akel Homes cannot and does not guarantee its accuracy or completeness (including, but not limited to, its text, graphics, renderings, links, prices, association fees, model home plans and features, proposed amenities, development plans, size and layout of a Community, and availability of homes or lots or any other items contained in these Sites or any linked sites, and future uses of adjacent areas outside a Community).

RESERVATION OF RIGHTS TO CHANGE INFORMATION; RELIANCE ON STATEMENTS

By using these Sites, including the website found at, linked from, or otherwise contained within https://www.akelhomes.com, You signify Your acceptance of the legal terms contained in the Terms of Use and any legal terms found elsewhere on these Sites. All such legal terms are subject to change without notice to You, except that such changes to the Terms of Use will be posted on this Web Site. Such changes are binding on You and are not subject to further acceptance by You. The information offered on these Sites by Akel Homes is provided with the understanding that Akel Homes is not engaged in rendering legal, financial, tax, investment, or other professional services or advice. The use of these Sites is subject to the additional disclaimers, caveats, and notices that may appear herein and on any specific page of these Sites.

COPYRIGHT

Copyright © 2017-2021, Akel Homes, LLC. All rights reserved. Akel Homes invites Users to browse these Sites and any linked pages for their individual educational or entertainment purposes and to obtain information about Akel Homes and the Akel Homes family of communities. The entire content of these Sites, including images and text, graphics, charts, pictures, photographs, videos, multi-media, images, icons, community site plans, maps, development plans, renditions and floor plans, as well as works that are licensed to Akel Homes and found within these Sites are copyrighted as individual or collective Works, protected by U.S. and international copyright laws and are currently owned by or licensed to Akel Homes, LLC. or its partners and used with the owner’s express permission. Akel Homes grants a limited license to Users to view or print single pages from the Sites for personal informational purposes only, and not for any commercial purposes. Use of the Sites by Users is conditioned upon Your agreement to abide by these terms and restrictions. Any unlawful or unauthorized use by You, including any other use, copying, modification, distribution, republication, or transmission of these Sites or any Works contained there, without the express, written permission of Akel Homes, is strictly prohibited. ANY VIOLATION OF THE FOREGOING CONDITIONS OR LIMITED USE WILL SUBJECT THE USER TO THE POSSIBILITY OF LEGAL ACTION, INCLUDING BUT NOT LIMITED TO RECOVERY OF ACTUAL AND STATUTORY DAMAGES, INJUNCTION, AND RECOVERY OF LEGAL FEES AND COSTS, TO THE FULLEST EXTENT OF THE LAW. If You have any questions regarding a specific Work of Akel Homes or if You believe that Your own copyrighted Work is being used on these Sites without Your permission, please contact us at (561) 359-3050, Attn: IP Administrator.

TRADEMARKS & SERVICE MARKS

The Trademarks and Service Marks (collectively, the “Marks”) displayed on these Sites are registered and unregistered Marks of Akel Homes. Nothing contained on these Sites should be construed as granting, by implication, estoppel or otherwise any license or right to use any Mark displayed on these Sites without the express, written permission of Akel Homes. AKEL HOMES®, myAkel®, Build a Life You Love®, Dream. Build. Love®, the Akel Homes logo, and myAkel logo among others, are some of the registered and unregistered state and federal trademarks or service marks of Akel Homes, LLC. Akel Homes also claims Federal, state, or common law rights to numerous other Marks, including words, logos, designs, and taglines, not explicitly listed above. MARKS MAY NOT TO BE USED WITHOUT THE EXPRESS, WRITTEN PERMISSION OF AKEL HOMES.

THIRD PARTY TRADEMARKS

These Sites may also contain trademarks or service marks that belong to third parties. These other trademarks and service marks are the property of their respective owners. In the event that a third party makes a claim or initiates suit against Akel Homes due to Your use of these other trademarks and service marks, without the permission of the proper party, You agree to indemnify and hold Akel Homes harmless from such claim or suit, and to reimburse Akel Homes for all losses, attorneys’ fees and costs that Akel Homes incurs in connection with such claim or suit. Any questions should be directed to Akel Homes’s IP Administrator at (561) 359-3050. Use of the term REALTOR® on these Sites and/or in any Akel Homes marketing materials is used by permission only, in a fair use manner, or otherwise in accordance with the terms and conditions of the owner of the REALTOR mark. Specifically, REALTOR® is a federally registered collective membership mark, which identifies a real estate professional who is a Member of the NATIONAL ASSOCIATION OF REALTORS® and subscribes to its strict Code of Ethics, Fair Housing and Fair Lending Policies. Any use by You of the term REALTOR® should be in compliance with the requirements of its owner.

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.

AGE-QUALIFIED COMMUNITIES

For our Age Qualified Communities only: At least one resident of household must be 55 or older, and additional restrictions apply. Some residents may be younger than 55 in limited circumstances. For minimum age requirements for permanent residents in a specific community, please see a Akel Homes New Home Consultant for complete details.

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 Akel Homes or any 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, 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 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 Akel Homes.
  • Refund or rebate any portion of your Commission, Bonus or other compensation to Purchaser.

All references to Akel Homes, a Akel Homes project name, a floor plan, model or other item of 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.

COMPLETION DATE

Akel Homes is required to complete, and does agree to complete, the construction of Your home within a period of two (2) years from the date You execute a purchase agreement with Akel Homes. If construction is delayed by any event recognized by the law of the state where Your home is located as a defense to a contract action for non-performance or delay in performance, then the date of completion shall be extended by the delay period. It is expressly intended that Your and Akel Homes’ rights and obligations under Your purchase agreement be construed in the manner necessary to exempt Your purchase agreement and the sale of Your home from registration under the Interstate Land Sales Full Disclosure Act, and both You and Akel Homes expressly waive any right or provision of the purchase agreement that would otherwise preclude such exemption.

ENERGY CALCULATIONS

Energy calculations and claims are estimates only and were developed by third parties based on the design of the home and the HERS (“Home Energy Rating System”) index*, and not specific testing of an individual home.  Savings will vary due to many variables, including but not limited to, actual utility rates and fees, actual construction, floor plan, appliance usage, thermostat settings, weather conditions, number of individuals occupying the home, energy conservation practices, options and upgrades installed by Akel Homes and other modification made by homeowner to the home, home maintenance and orientation of the home.  Akel Homes provides no guarantee of monthly or annual utility bill savings or efficiency that will be achieved by each homeowner, which actual amount of energy costs will vary from month-to month and may vary significantly due to many factors such as those set forth above, among others. For more information regarding RESNET and the HERS Index, you are encouraged to visit RESNET’S website, www.resnet.us.  Akel Homes has no business interest in RESNET or any Rater. Akel Homes reserves the right to modify or vary features or components which are constructed in accordance with applicable laws.

EQUAL HOUSING OPPORTUNITY

Akel Homes is pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation and recognize the importance and significance of fair housing. Akel Homes encourages and supports an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, physical disability, familial status or national origin and all lots and homes advertised by Akel Homes are available on an equal opportunity basis. In addition, Akel Homes is committed to its compliance with the laws and regulations of other jurisdictions that may add prohibitions against discrimination based on age, parental status, sexual orientation, political ideology, financial status, and the like, and as to those Akel Homes communities that are age qualified, to qualify for exemption from the familial status portion of the Fair Housing Act and all state and local age restrictions laws imposed by the state where a particular community is located.  Models do not reflect a preference for homebuyers.

EQUAL OPPORTUNITY EMPLOYER

Akel Homes 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.

FORWARD-LOOKING STATEMENTS

Certain information included in these Sites may contain forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended (the “Securities Act”), and Section 21E of the Exchange Act. You can identify these statements by the fact that they do not relate to matters of strictly historical or factual nature and generally discuss or relate to estimates or other expectations regarding future events. They contain words such as, but not limited to, “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” “may,” “can,” “could,” “might,” “should” and other words or phrases of similar meaning. As You read these Sites, You should understand that these statements are not guarantees and actual outcomes may vary.

JURISDICTION

These Terms of Use shall be governed by, construed and enforced in accordance with, and subject to, the laws of the State of Florida, without resort to its choice of law provisions and case law, except to the extent they are superseded or preempted by the laws of the United States or other jurisdictions. If any provision of these Terms of Use is determined to be invalid, unlawful, void or otherwise not enforceable, you agree that the remaining provisions of these Terms of Use will remain in full force and effect. By accessing our Sites, or using information on our Sites, you submit to the exclusive jurisdiction of the state courts in Palm Beach County, Florida, or the United States Federal District Court, for the State of Florida (Southern Division), to resolve disputes of any kind arising out of your reliance on the information on a Site, or any interaction with Akel Homes involving a Site. Any claim you have with respect to a Site must be brought within two years and one day after the claim arises.

IF THERE IS A CONFLICT BETWEEN THE LAW IN YOUR USUAL PLACE OF RESIDENCE AND THESE TERMS OF USE, YOUR RIGHTS UNDER APPLICABLE LOCAL LAW MAY PREVAIL.

LIMITATION ON USE & LIABILITY

Before You visit any community (“Community”), it is recommended that You contact the Community’s sales office to confirm current product availability, specific features and pricing as each Community is unique. You should also refer to the form of the sales contract and related materials, such as homeowner association documents, disclosure statements, assessment and fee obligations, design guideline restrictions, surrounding land uses and zoning, proposed development plans, etc. for important information concerning the Community in which You are interested and the homes and properties offered by Akel Homes. Akel Homes assumes no liability for inaccuracies, errors or omissions on these Sites or in any of the materials printed from or linked to these Sites. THESE SITES ARE PROVIDED ‘AS IS’ WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Akel Homes disclaims any liability for any damage resulting from use of these Sites. To the fullest extent permitted by law, Akel Homes and its subsidiaries and affiliates, their direct and indirect owners, and their respective officers, directors, partners, employees, agents, managers, trustees, representatives or contractors of any of them, related thereto and any successors or assigns of any of the foregoing shall not be liable for any direct, indirect, actual, punitive, incidental, special or consequential damages whatsoever resulting from loss of use, data or profits, arising from or related to the use of or reliance on these Sites or any information contained herein even if Akel Homes has been advised of the possibility of damages. All products and services referenced on these Sites are provided subject to applicable pricing, taxes, fees, assessments and accompanying terms and conditions that remain subject to change. The use of these Sites is for personal purposes only. Neither Akel Homes, its subsidiaries, affiliates, agencies nor any other party involved in creating, producing, or delivering these Sites is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of Your access to or use of these Sites. Akel Homes also assumes no responsibility and shall not be liable for any damages to Your computer that may be caused by using these Sites or downloading any content or information from these Sites.

MAPS & DEVELOPMENT PLANS

Maps and site plans on these Sites are not to scale and represent an artist’s depiction of the existing and/or planned elements of the current proposed development concepts for Akel Homes’ Communities. Artist’s renderings, photos, floor plans, site plans, features, prices, assessments and fees, current product availability, specifications, programs and planned amenities continue to evolve, are provided for information purposes only and are based on current proposed Community development plans that are subject to change without notice. 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 Homes to improve or construct facilities as described or shown herein. Further, no guarantee is made that the facilities and features depicted within a certain Akel Homes Community will be constructed, or that if constructed, the number, type, size and location will be as depicted. Amenities in certain communities may be owned and managed by third parties not affiliated with Akel Homes, or owned by third parties but managed by Akel Homes pursuant to a separate management agreement. Use of certain recreational amenities or participation in certain activities may be subject to additional fees and availability.

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. The actual position of a house on a lot will be determined by the site plan and the plot plan. 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 Agreement in order to determine which features, specifications and elevations are included in any home you may purchase.

IMPORTANT NOTICE: The above paragraph and all applicable disclaimers herein relating to marketing materials shall apply to the entire contents of this Web Site and all other informational materials regarding Akel Homes, or any other affiliate and their respective products and services, including, but not limited to any collateral materials, price lists, lotting plans, maps, specs and floor plans that are viewed, printed or sent directly or indirectly from these Sites, all of which remain subject to change without notice. Further, these Legal Terms apply to such information regardless of whether or not such disclaimers (or any portions thereof) again appear on the individual content viewed, printed or distributed by Akel Homes.

MARKET CONDITIONS

Market condition statements contained on these Sites are based on available information at time of posting and should never be relied upon. Market rates are based on market trends, other factors and they involve risks, variables and uncertainties that can cause predictive statements to differ materially. Market condition statements are no guarantee of the present or future market conditions and market values. You should conduct Your own independent analysis and consult Your own accounting, legal and tax advisor in order to evaluate risks, consequences and suitability of the home purchase.

NO INVESTMENT ADVICE

No statement contained on these Sites or on any site or page featuring a particular project offered by Akel Homes, its subsidiaries or affiliates should be construed as investment advice. Prospective purchasers are urged to seek expert investment, legal or other professional advice prior to entering into any purchase agreement.

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.

OTHER BUILDERS

If You purchase Your home from someone other than Akel Homes or an affiliate, that unaffiliated homebuilder within any Community in which Akel Homes is the master developer is independently owned and operated and is not affiliated with Akel Homes (collectively, the “Builders”). References to or approval of such Builders by Akel Homes shall not be construed as an endorsement, warranty or certification of such Builders or such Builder’s performance by Akel Homes.

REAL ESTATE AGENCY DISCLOSURE

The New Home Consultants located at each Akel Homes exclusively represent the affiliated Akel Homes’ selling entity in connection with any new home purchase transaction and do not represent or purport to represent any prospective buyer.

RESERVATION OF RIGHTS TO CHANGE INFORMATION

Akel Homes reserves the right, without any prior notice, to change any information contained within these Sites, to deviate from the descriptions contained therein, and/or to change any Akel Homes project at any time, and Akel Homes disclaims any duty to update the information and makes no commitment as to any development plans within or outside of the Community in the future. Further, Akel Homes does not warrant that its service in providing these Sites will be uninterrupted.

RELIANCE ON STATEMENTS ON THESE SITES

Statements on these Sites that are not historical facts are “forward-looking” statements that involve a number of risks and uncertainties, that could cause actual results to differ materially from those projected in the statements, including, but not limited to: (1) economic conditions in the Community’s state and elsewhere; (2) market demands; (3) competitive factors and pricing factors in Akel Home’s primary markets; (4) legislative and regulatory environments at the federal and state local levels, such as government rate regulations and land-use regulations; (5) dependence on third-party suppliers; (6) fuel prices; (7) labor relations; (8) risks associated with current or future litigation; and (9) other risk factors described elsewhere in these Sites. Despite efforts of Akel Homes to provide accurate information on these Sites at all times, it is not possible to ensure that the information on Akel Homes’ communities and services published on these Sites is correct or up to date and these Sites may unintentionally include inaccuracies or typographical errors with respect to the description of a lot size, site plan, floor plan, a rendering, a photo, the elevation, prices or other important pieces of information. Square footage and room sizes are approximate and may vary in actual construction. Prices shown, if any, do not include premiums or other optional features that are not included in the base price.

RESERVATION PROGRAM

Akel Homes’ has one or more homes for sale to potential homebuyers.  Your reservation of the Home referenced herein (“Reservation”), including your request for the Reservation, and the agreement made with Akel Homes to hold the Home referenced herein shall be subject to these Reservation Program Terms and Conditions.  When you submit your request for a Reservation for the home you select through Akel Homes’ online interface (“Home”) you will be deemed to have read, understood, accepted and agreed to these Reservation Program Terms and Conditions without further action required by either you or Akel Homes.  These Reservation Program Terms and Conditions apply to the reservation program described herein (“Reservation Program”).  The terms “you” and “your” mean any user of the Reservation Program.  THE RESERVATION PROGRAM IS NOT AN OFFER TO SELL THE HOME AND IS SUBJECT TO THE RESERVATION PROGRAM TERMS AND CONDITIONS.

Your acceptance of these Reservation Program Terms and Conditions may be indicated by your online submission of your request for the Reservation. Your acceptance of these Reservation Program Terms and Conditions (“Reservation Submittal”) does not create a contractual obligation to enter into an agreement for the purchase and sale of the Home (“Purchase Agreement”) on the part of you or Akel Homes.  Your Reservation Submittal, and any acceptance by Akel Homes of your request for the Reservation, is completely unrelated to any determination of availability of, or qualification for, financing for your purchase of the Home, should you decide to enter into a Purchase Agreement for the Home. Any reference to any purchase price for the Home (“Advertised Price”) or the purchase prices of any of the other homes at the community in which the Home is located (“Community”), as may be reflected on this website or otherwise, is current as of the date the price list was published, but is subject to change.  You acknowledge and agree that the Advertised Price as of the date of your Reservation Submittal is not necessarily the price at which the Home will be offered for sale to you by the time you are prepared to sign a Purchase Agreement.  The Advertised Price does not include any incentives that may apply to the Home, or, to the extent available, any option selections and closing costs.

Upon receipt of your request for a Reservation, Akel Homes will confirm the availability of the Home and respond with an electronic communication to you indicating whether your request for a Reservation was accepted.  To the extent that your request for a Reservation is accepted by Akel Homes, the time of the electronic communication to you indicating such acceptance of the Reservation shall be referred to herein as the “Commencement Time.”  If your request for a Reservation is not accepted by Akel Homes due to the unavailability of the Home or any other reason, your request for a Reservation shall immediately expire, and neither you nor Akel Homes shall have any obligation to the other with respect to the Home.  Akel Homes is not obligated to accept your request for a Reservation.

Your effective submission of the Reservation Submittal and Akel Homes’ acceptance of your Reservation request only obligates Akel Homes not to enter into a purchase agreement for the sale of the Home with a third party for a period of 24 hours from the Commencement Time.  You understand that another prospective buyer may enter into a purchase agreement for the Home, and after the expiration of such 24-hour period, the Home may be sold to a third party.

Upon the acceptance, if any, of your request for the Reservation, it is your responsibility to schedule an appointment to meet with a representative of Akel Homes to review the Purchase Agreement and other documentation applicable to the Home and the Community.  Such appointment shall occur no longer than 24 hours after the Commencement Time.

If you have not signed a Purchase Agreement within 24 hours of the Commencement Time, with you indicated as one of the “Buyers” under the Purchase Agreement, and satisfied all conditions associated with the execution of the Purchase Agreement, including without limitation any obligation: (1) for cash buyers to provide evidence of the funds necessary to purchase the Home or (2) for financed buyers to pre-apply with one of Akel Homes preferred lenders*, then any obligation of Akel Homes not to enter into a Purchase Agreement for the Home with a third party shall immediately expire, and neither you nor Akel Homes shall have any obligation to the other with respect to the Home.  Your submission of the request for the Reservation, the Reservation Submittal, including the acceptance of these Reservation Program Terms and Conditions, and any acceptance by Akel Homes of your request for a Reservation, does not create a contractual obligation to enter into a Purchase Agreement on the part of you or Akel Homes, nor does your entry into any Purchase Agreement obligate Akel Homes to accept and enter into such Purchase Agreement.

Depending upon the stage of construction and completeness of the Home, you may not have the ability to select any options or upgrades for the Home and Akel Homes’ ability to offer reasonable accommodations if so requested may be very limited or non-existent. Akel Homes may, but has no obligation to, offer you any options or upgrades for the Home.  Akel Homes reserves the right to limit, modify or condition options or upgrades offered with respect to the Home. All features of the Home that have actually been installed are controlling over any published features list or any other representations regarding the Home’s features.

*Buyer is not required to finance through one of Akel Homes’ preferred lenders to purchase a home.

These Reservation Program Terms and Conditions do not serve as a referral or other agreement with any real estate broker or agent who may represent you, if any.  If you wish to register your real estate broker or agent with Akel Homes, you must not have been previously registered as a prospect by a Community New Home Consultant, and your real estate broker or agent must introduce you to Akel Homes by one of the following methods: (a) your broker/agent must accompany you in person to the Community’s Community Sales Office and register on your first visit or (b) your broker/agent must call the Community’s Community Sales Office in advance of your first visit and you must visit the Community’s Community Sales Office and provide the name and office information for your broker/agent on your registration form.  Thereafter, your broker/agent must actively represent you through the execution of a purchase agreement for a home in the Community.  Notwithstanding the foregoing, you may not register your broker/agent with Akel Homes if (i) you have visited the Community’s Sales Office prior to your designation of the broker/agent on a registration form, (ii) you have registered with a prior broker at the Community (whether such registration has expired or not), (iii) you already registered without a registered broker through a Community New Home Consultant pursuant to an unaccompanied in-person visit, an on-line inquiry or a phone inquiry, or (iv) you previously submitted information or a response on-line indicating that you are not using a broker.  Any registration of your broker/agent shall be subject to the terms and conditions of Akel Homes’ form of Broker Agreement.  Unless and until you and your broker or agent take the required actions and satisfy the requirements, including those set forth in Akel Homes’ form of Broker Agreement, for the registration of a broker/agent within the applicable time period, your visit to the Community and/or indicating that you are not working with a broker or agent may potentially preclude the participation of your broker or agent in any applicable broker referral program that is offered by Akel Homes.

You may not place a reservation on more than one home offered for sale by Akel Homes, or any of its affiliates, at any given time, or assign the rights described in these Reservation Program Terms and Conditions, without the prior written consent of Akel Homes.  For the purposes of the foregoing sentence, the prohibition on placing a reservation on multiple homes shall apply on a household basis, such that no one in your household may place a reservation on a home while you have an outstanding Reservation, or request for a Reservation, on a home under these Reservation Program Terms and Conditions.


By entering into these Reservation Program Terms and Conditions and submitting the Reservation Submittal, you are confirming that you are at least 18 years of age.

SALES POLICY

At Akel Homes, we sell residences on a “first come, first service” basis, on the current availability of homes, only to prospective buyers who comply with Akel Homes’ “sales policy” guidelines established herein.

Pricing: Akel Homes makes no representation to prospective buyers as to the proposed purchase price of any home not yet released for sale. 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. Any estimated purchase price discussed is for pre-qualification purposes only and is not to be considered an offer or intent to sell at a specific price.

Equal Housing Opportunity Builder: Akel Homes is an Equal Housing Opportunity Builder and does not discriminate based on age, color, creed, religion, age, gender, physical disability, marital status or national origin.

Sale Process: Akel Homes reserves the right to pre-sell any home prior to it being offered to the public.

Consideration to purchase will first be given to buyers who qualify non–contingent. A non–contingent buyer is one whose funds for the purchase are liquid and are readily available for withdrawal without the sale of any real property (i.e. the sale of a home or other real estate). Akel Homes reserves the right to not sell to buyers who are contingent upon the sale and or close of escrow of any real property, however, Akel Homes may consider buyers with contingencies on a case by case basis. Any buyer who has an open escrow at any other Akel Homes community will not be allowed to purchase until the existing escrow has closed. Akel Homes reserves the right to limit the number of homes that are in escrow at one time.

Deposits: Akel Homes requires that all prospective buyers provide an initial good faith deposit at the time of contract. The acceptable forms of payment include cashier’s check or personal check made payable to the selling entity. Please be advised that additional deposits may also be required.

Lot Releases/Drawings: Akel Homes reserves the right to release lots in a particular Community in the manner and within the time period/frequency determined by the respective Selling Entity’s management in its sole discretion (including, but not limited to, periodic lot release drawings) to determine interest level in specific available lot(s) and sales appointment priority in entering into a purchase agreement for a limited selection of available lots, based on a variety of factors that are considered and all of which remain subject  to change, availability or delay daily.

Promotions/Incentives: All special promotions, incentives and seller contributions (“promotions”) are subject to certain terms, conditions and restrictions, which may include the use of designated lenders and closing agents. Promotions are good for a limited time only, subject to availability on select lots at select neighborhoods, are not available in conjunction with other offers and Akel Homes reserves the right to change or withdraw any offer at any time, without notice.

Email Communication: If an email address is given as a point of contact, please be aware that certain servers, spam blockers or human error may prevent receipt of Akel Homes communications to the prospect. Akel Homes will send email release announcements, but only as a courtesy. It is the sole responsibility of the prospective buyer to follow-up for release information.

Akel Homes reserves the right to change, modify, and/or establish additional “Sales Policies” pertaining to “Sales Releases” not contained herein. Please ask an New Home Consultant for further details in this matter.

SCHOOLS/SERVICE PROVIDERS

School district boundaries and plans for new schools frequently change and are outside of Akel Homes’ control. School, utility and governmental information should be verified with the appropriate agency or utility supplier. For further details, please refer to the purchase agreement and disclosure documentation provided in connection with the offer for sale at a particular Akel Homes Community.

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.

VIEWS

Views vary significantly by lot location and may be affected by future development. Akel Homes does not guarantee or make any representation or warranty regarding the preservation of any future view or the natural environment surrounding any home or lot within a Akel Homes Community that may be a factor in Your purchase decision.

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.

ZONING

The zoning and land use designations for any Akel Homes Community is subject to change from time to time. Each home buyer is strongly advised to investigate and determinate for his, her or their own account if the zoning and land use designations for any Akel Homes Community of interest and other real properties in the vicinity of such Akel Homes Community are compatible with such buyer’s occupancy, use and enjoyment of the lot and residential dwelling purchased by such buyer. Neither any unaffiliated Master Developer or Builder nor Akel Homes (including any of their respective agents, employees, or affiliates), has made any pation concerning the timing, location, configuration or existence of any non-residential use on or about any Akel Homes Community. The total number of residential units within the Akel Homes Subdivision or within the Master Community overall may increase or decrease from the current plan, depending upon market conditions or other conditions, including acquisition of additional property. Plans for common areas surrounding residential areas may be affected by such changes. Many communities may be developed over a period of many years and include a variety of unit types, including single-family, live/work neighborhoods, condominium regimes, apartments, high-rises, commercial and, in limited instances, industrial components.


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