Legal Disclaimers

Mattamy Homes Legal Disclaimers

Updated: January 15, 2021
These Legal Disclaimers, the Terms and Conditions and the Privacy Policies are the policies of Mattamy Homes (“Mattamy”) that apply to your use of this website (the “Website”) and they govern your use of the Website. The terms “you” and “your” refer to you, a home-buying customer.

Amenities
Existing and proposed amenities for the communities are subject to modification, substitution and/or deletion without notice. Mattamy makes no representation or guarantee that the communities or any amenities will be built out as currently planned.

 

Booking by Appointment
Booking an appointment on the Website does not constitute a realtor registration as provided in the Mattamy Buyer’s Broker Registration. For more information, please contact a Mattamy New Home Consultant. Booking by appointment is not an offer to sell a home; any such agreement may only be made in writing signed by both Mattamy and the buyer.

 

Broker Participation
In order for a participating cooperating real estate brokerage (“Cooperating Broker”) to receive a commission in connection with the sale of real property, the Cooperating Broker must register a prospective buyer (the “Buyer”) before the Buyer: (i) is introduced to the Community via the Internet; (ii) visits the Community; and/or (iii) attends a tour of the Community. Phone registrations will not be accepted. Cooperating Broker, or its affiliated sales associate, must also accompany the Buyer during Buyer’s initial visit or initial tour of a home in a community. If the tracking system used at the sales office for a community indicates that the Buyer was initially introduced to the community via the Internet, initially registered at the sales office and/or attended a tour of the Community without being accompanied by Cooperating Broker or its affiliated sales associate, neither Cooperating Broker nor its sales associate shall be entitled to receive a commission in connection with the sale of real property in the community to such Buyer. Cooperating Broker should confirm the effective period of any Buyer registration with the New Home Consultant that is assisting the Cooperating Broker. Additional terms and conditions may be required by Mattamy’s individual homebuilding divisions. Any payment of commission shall require a written Buyer’s Broker Registration (the “Registration”) be executed between Mattamy and the Cooperating Broker, or its affiliated sales agent setting forth the amount of the commission and any additional terms and conditions. The Registration shall be null and void if Cooperating Broker or its sales associate have violated the terms of the Registration. In addition to any other conditions set forth in the Registration, in order for Cooperating Broker to be eligible to receive a commission, the Buyer must (i) properly register the Cooperating Broker in compliance with the timing and other requirements of the Registration, (ii) contract to purchase a home from Mattamy’s New Home Counselor in the community before the expiration of the registration period, and (iii) close on the purchase of the Home pursuant to the Home Purchase Agreement. The Registration, or any extension thereof, does not protect Cooperating Broker from another cooperating broker or broker registering the same Buyer with Mattamy. In all cases, Cooperating Broker shall be solely responsible for payment of any commission to its sales agents.

 

Completion Date
Unless otherwise noted in the Home Purchase Agreement, Mattamy is required to complete, and does agree to complete, the construction of the home within a period of two (2) years from the date you sign your Home Purchase Agreement. 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 recognized delay period. It is expressly intended that your and Mattamy’s rights and obligations under the Home Purchase Agreement be construed in the manner necessary to exempt the Home Purchase Agreement and the sale of your home from registration under the Interstate Land Sales Full Disclosure Act, and both you and Mattamy expressly waive any right or provision of the Home Purchase Agreement that would otherwise preclude such exemption.

 

Construction
YOU ACKNOWLEDGE THAT SOME AREAS OF THE COMMUNITY MAY BE UNDER DEVELOPMENT FOR AN EXTENDED TIME INCIDENT TO THE DEVELOMENT PROCESS; THEREFORE, THE QUIET ENJOYMENT OF THE COMMUNITY MAY BE UNAVOIDABLY INTERFERED WITH TO SOME EXTENT BY THE CONSTRUCTION OPERATIONS. Construction, development, and sales activities will occur after Buyer occupies the home. Depending upon Buyer’s sensitivities, this may result in some inconvenience to Buyer and Buyer’s family and guests due to increased noise, dust, road closures, operation of the model homes and sale offices, and other activities. Construction activities can occur at various hours throughout the day, and sales activities can result in additional traffic and visitors throughout the community, particularly before the community is completely built out. Neither Mattamy nor any other builder or contractor that may be active in the community can guarantee that Buyer will not be affected or impacted as a result of the overall construction and development of the community. Mattamy provides no guarantees or assurances on the length of time model homes in the community will be actively used by Mattamy for sales within the community. Until all homes and improvements are finished, Buyer will be subject to noise, dust, traffic and other activities relating to the construction. Mattamy may engage in marketing and sales within the community as permitted by the local governing authorities. Buyer understands that Buyer is not permitted onto the lots of Buyer’s neighbors during construction.

 

Copyright
Copyright ©2021. Mattamy Homes Corporation. All rights reserved.

This Website and all materials contained herein, including but not limited to floor plans and elevations, are copyrighted and may not be distributed, modified, or reproduced in whole or in part without the prior written permission of Mattamy. The images from this Website may not be reproduced in any form without the prior written consent of Mattamy. Mattamy actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

 

Energy Savings
Energy calculations and claims are estimates only and were developed by third parties based on the design of the home and the HERS 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, occupancy, appliance usage, thermostat settings, weather conditions, number of individuals occupying the home and orientation of the home. Mattamy provides no guarantee of savings or efficiency that will be achieved by each homeowner.

 

Environmental Conditions
You understand and acknowledge that certain substances or materials may release gaseous, chemical or organic wastes that may contaminate air, soil or water within the community. The sources of said pollutants, which may include, but are not limited to, fireplaces, cigarettes, aerosol sprays, cooking and many building components may emit formaldehyde, radon or other such byproducts into the environment. Mattamy makes no warranty, express or implied, as to soil conditions.

 

Equal Housing Opportunity
Mattamy does not discriminate because of race, color, national origin, religion, sex, familial status, and disability or any other characteristic protected by state or local law and complies with all U.S. policies for the achievement of equal housing throughout the United States. Mattamy encourages and supports affirmative advertising and marketing programs in which there are no barriers to obtaining housing because of race, color, religion, gender, handicap, familial status, or national origin or any other protected class recognized by state or local law.

 

Features
Representations of homes on the Website are solely for illustrative purposes and should not be relied upon. Representations may not represent the actual condition of a home as constructed and may contain options which are not standard on all homes. Representations may also include decorative items, design elements and furniture which are not available for purchase. The specific features, floor plans, square footage, dimensions and design elements in a home may vary from home to home and from one community to another; and are subject to changes or substitution without prior notice. Mattamy reserves the right to substitute equipment, material, appliances and brand names with items of equal or higher value. Color and size variations may occur. The prices of Mattamy homes, included features, and available locations are subject to change without notice. Please contact a Mattamy New Home Consultant and the Home Purchase Agreement for additional information, disclosures and disclaimers relating to the home and its features.

 

Floor Plans and Elevations
Plans and elevations are artist’s renderings only, may not accurately represent the actual condition of a home as constructed, and may contain options which are not standard on all models. Mattamy reserves the right to make changes to its floor plans, specifications, dimensions, designs and elevations without notice. Stated dimensions and square footage are estimated and should not be used as representation of the home’s actual size or square footage which may be less than the estimated square footage. Any statement, verbal or written, regarding “under air” or “finished area” or any other description or modifier of the square footage size of any home is a shorthand description of the manner in which the square footage was estimated and does not indicate certainty. Garage or bay sizes may vary from home to home and may not accommodate all vehicles.

 

Information Sharing
Please review Mattamy’s Privacy Policy for information regarding our information sharing practices. The Privacy Policy also provides certain choices you may make with respect to that information sharing.

 

Intellectual Property
Mattamy maintains this Website as a service and its use is a privilege to the viewer. All information is provided without any representation or warranty of any kind, either express or implied. Access and use of the Website and all company links are subject to the Terms and Conditions and to all applicable laws regulating the use of the Internet and those relating to the use of information. The use of this Website is also subject to all applicable laws involving copyrighted materials and intellectual property. Mattamy reserves the right to revise the Terms and Conditions from time to time in its sole discretion.

 

Liability Disclaimer
The information, software, products and services published on this Website may include inaccuracies or typographical errors. Changes are periodically made to the information herein. Mattamy may make improvements or changes to this Website at any time. In no event will Mattamy be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, the use of this Website, whether based in contract, tort, strict liability or otherwise, even if Mattamy has been advised of the possibility of damages. To the extent that some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply.

 

Licenses

State	Mattamy’s Broker Information	Mattamy’s General Contractor Information
Arizona	Phoenix: Mattamy Arizona LLC NO: LC582771002 / BR636686000	Phoenix: ROC # 249191B
	Tucson: Mattamy Tucson LLC NO: LC657405000 / BR641439000	Tucson: ROC # 249191B
Florida	Corporate: CQ1008505 Mattamy Homes/Mattamy Real Estate Services Inc.
	Florida: BK664074	Mattamy Florida LLC: CGC1527113, CBC1261993, CGC1517223
	Jacksonville: BO2029140	Mattamy Jacksonville LLC: CBC1260748, CGC1524464
	Naples: BO2029481	Mattamy Tampa/Sarasota LLC: CGC1524054, CBC1261948
	Orlando: BO2033484	Mattamy Orlando LLC: CGC1523142, CGC1519466
	Palm Beach: BO2032180	Mattamy Palm Beach LLC: CGC1506741
	Tampa/Sarasota: BO2029141	Mattamy Tampa/Sarasota LLC: CGC1524054, CBC1261948
The Carolinas	Charlotte: Mattamy Carolina Corporation NO (NC): C11063 / 241516	Charlotte (NC): 81405 Charlotte (SC): 121963
	Raleigh: Mattamy Homes LLC NO: C30384 / 220162Charlotte: Mattamy Carolina Corporation NO (SC): 12206 / 83506	Raleigh (NC): 49775

 

 

Links to Other Sites
Mattamy is not responsible for the content of any off-site pages or any other sites linked to this Website. Linking to this Website, off-site pages or other sites is at your own risk.

 

Mattamy
Unless otherwise specified, for the purpose of this Website, “Mattamy” means Mattamy Homes Corporation and all applicable affiliated companies, including but not limited to: Mattamy Arizona LLC, Mattamy Homes LLC, Mattamy Carolina Corporation, Mattamy Florida LLC, Mattamy Jacksonville LLC, Mattamy Orlando LLC, Mattamy Tampa/Sarasota LLC, Mattamy Palm Beach LLC, Mattamy Tucson LLC, Mattamy Texas LLC, Mattamy Minneapolis LLC, Mattamy Home Funding LLC℠, Mattamy Homes Title Agency LLC, Mattamy Homes Property Insurance Agency, LLC, Wellen Park LLLP, Beachline South Residential LLC and Sunrise Land Partners LLLP (collectively “Mattamy Affiliates”). However, please note that where a Mattamy Affiliate has individually adopted a different Privacy Policy, Terms and Conditions and/or Legal Disclaimers, such Privacy Policy, Terms and Conditions and/or Legal Disclaimers will supersede this Website’s Privacy Policy, Terms and Conditions and/or Legal Disclaimers for purposes of that Mattamy Affiliate.

 

Mattamy Home Funding
Mattamy and Mattamy Home Funding, LLC (“MHF”) have business relationships with each other. Mattamy and MHF are, directly or indirectly, wholly owned by Calben (US) Corporation. Because of this relationship, transactions with MHF may provide Mattamy Homes a financial or other benefit. You are NOT required to use MHF as a condition for purchase of a Mattamy home. You are free to shop around to determine that you are receiving the best services and the best rate for these services. For additional information please visit their websites www.MattamyHomes.com and www.mattamyhf.com.

Some offers require financing through MHF, but the use of MHF is not required to purchase a home. When financing through MHF, specific terms will apply and if the buyer is financing the purchase of the home, the buyer is subject to qualification including without limitation, minimum down payment, credit score, owner occupancy requirements, employment requirements and/or any investor guidelines or programs.

Requesting a loan prequalification and making a loan application does not constitute a loan approval or otherwise indicate that a consumer has or will qualify for a loan from MHF or any other lender. Prequalifying with MHF is voluntary and is not required in order to obtain a loan from MHF and/or purchase a home from Mattamy. Financing is not guaranteed and not all consumers will qualify to purchase a Mattamy home.

For additional information regarding the state mortgage licenses held by MHF, please visit MHF”s Website at https://www.mattamyhf.com/LicensingInformation.html. MHF’s logo is a registered trademark of Mattamy Homes Corporation and/or its subsidiaries. This Website should not be deemed to be a solicitation for applications for mortgage loans.

 

Models/Lifestyle Photos
Models/lifestyle photos do not reflect racial or ethnic preference.

 

Model Homes
Mattamy’s model homes may include amenities, upgrades and special features that will not be included in your home. You should not rely upon the model(s) in making Buyer’s decision to purchase the home.

 

Mortgage Calculator
MHF provides the mortgage calculator as a courtesy to you in order to estimate your financial needs. MHF makes no warranty of the accuracy of this calculator and its applicability to your circumstances are not guaranteed. MHF encourages you to consult with your own financial advisor regarding questions specific to your financial situation. The calculations provided by the calculator are for illustrative purposes only and should never be relied upon. Each home purchase has unique circumstances and timeframes vary, please contact a MHF Loan Officer for financing information and your Mattamy New Home Counselor and Home Purchase Agreement for disclosures and details. The mortgage calculator arrives at a projected monthly Principal and Interest payment by multiplying the loan amount by the interest rate and amortizing it for the chosen term of the mortgage loan. Any required taxes, insurance, homeowner association or other fees are not included in the payment calculator and your actual monthly obligation will be higher. Rates are not guaranteed until locking them in with your lender. Specific terms will apply and, if you are financing the purchase of the home, you are subject to qualification including, without limitation: minimum down payment, credit score, owner occupancy requirements, employment requirements, and/or any investor product or program guidelines.

 

Offers/Incentives
All offers, incentives and seller contributions are subject to certain terms, conditions and restrictions, which may include the use of designated lenders and closing agents. Certain offers could affect the loan amount. Offers are good for a limited time only and subject to availability, and Mattamy reserves the right to change or withdraw any offer at any time, without notice. Offers are product and community specific and may not be combined. Offers are void where prohibited by law and in states where prior registration is required.

 

Purchase Prices
All Purchase Prices are subject to change without notice. Purchase Prices do not include closing costs and other fees to be paid by buyer (including any builder fee described in the purchase agreement). Mattamy makes no warranties or representations as to the accuracy of the Purchase Prices. Mattamy assumes no liability or responsibility for any errors or omissions in the content of this Website. All information must be verified by Buyer at the particular community of the home.

 

Photographs
Photographs may be of locations or activities not located on Mattamy property. All photographs, renderings and other depictions are for the sole purpose of illustration.

 

Restrictions on Use
The home may be subject to covenants, easements, setbacks and other restrictions on Buyer’s use of the property as specified in the documents recorded in the public records (including the Declaration), or on the plat. These restrictions may be modified or amended by the developer of the land even after Buyer signs the contract or closes on the property. If a lot is subject to a conservation easement or buffer area, then Buyer will not be able to use the affected portion of the lot except as may be permitted by the applicable water management district or other governmental or legal authority. This may limit Buyer’s ability to fully sod, fence, or landscape Buyer’s yard. Buyer should fully investigate all uses of the lot prior to closing.

 

Schools
All school information provided is obtained from third parties. Buyers should contact the local school district for the most current information about schools. Mattamy does not represent and cannot guarantee that the community will be serviced by any particular public school, or once serviced by a particular school, that the same school will serve the community for any period of time. Schools that your children are eligible to attend may change over time.

 

Security
If the home is located within a community that is “gated” with private streets, Buyer understands that the walls, gates and attendants, if any, provide only limited access control and not a fully secure environment. Further, gates may be left open for extended periods of time which may permit unrestricted access by the general public. Buyer agrees that Mattamy is not responsible for any loss or injury suffered by Buyer or Buyer’s guests on account of any criminal activity on or about the community and that Mattamy has no duty to advise Buyer of any prior or future incidents. The entrance may be gated with mechanical swing gates whereby access will be granted by either call box system and owner PIN or barcode sticker. Gates may be open until the last home in the community is closed. Gates are designed as traffic control devices to limit access only during certain hours of operation and are not intended to represent that the community is a secure environment.

 

Service and Trademarks
Service Marks and Trademarks – The following are Service Marks or Registered Service Marks of Mattamy or its subsidiaries: Mattamy Homes, Mattamy Home Funding, Manderlie, RiverTown, Tradition, Wellen Park. Mattamy or its subsidiaries will, from time to time, add or register additional Service Marks in addition to those set forth above. Other company or service names or logos on this Website are either service marks or registered service names of Mattamy. The absence of a company or service name or logo from this list does not constitute a waiver of Mattamy’s service mark or other intellectual property rights. All other products and company names mentioned in this Website may be marks of their respective owners. The unauthorized use of any service mark displayed on this Website is strictly prohibited. All product and/or company names are trademarks™ or registered trademarks ® of their respective owners and use of these marks does not imply any sponsorship, endorsement, support, or affiliation between the trademark owners and Mattamy.

 

Site Plan / Community Map Disclaimer
Site plans, community maps, aerial photos, community photos and/or computer-generated illustrations or depictions of communities (collectively “Illustrations”) may be posted on this Website for illustration purposes only and are not to scale. All site plans, community maps and computer-generated illustrations or depictions shown are conceptual in nature and are merely an artist’s rendition and may not accurately represent the actual condition of the item being represented. All photos/videos shown depict the community or home as of the date taken. All Illustrations are solely for illustrative purposes and should never be relied upon. THE PAST, PRESENT, FUTURE OR PROPOSED ROADS, EASEMENTS, LAND USES, CONDITIONS, PLAT MAPS, LOT SIZES OR LAYOUTS, ZONING, UTILITIES, DRAINAGE, LAND CONDITIONS, OR DEVELOPMENT OF ANY TYPE WHATSOEVER, WHETHER REFLECTED ON THE ILLUSTRATIONS, OR WHETHER INSIDE OR OUTSIDE THE BOUNDARIES OF THE ILLUSTRATIONS, MAY NOT BE SHOWN OR MAY BE INCOMPLETE OR INACCURATE. THE PRESENT, FUTURE OR PROPOSED ROADS, EASEMENTS, LAND USES, CONDITIONS, PLAT MAPS, LOT SIZES OR LAYOUTS, ZONING, DRAINAGE, LAND CONDITIONS, OR DEVELOPMENT OF ANY TYPE MAY OR MAY NOT CHANGE IN THE FUTURE. IT IS NOT UNCOMMON THAT ANY OF THE FOREGOING CAN CHANGE WITHOUT NOTICE TO YOU. YOU SHOULD NEVER RELY ON THE ACCURACY OF THE FOREGOING OR THE ILLUSTRATIONS IN MAKING ANY DECISIONS RELATIVE TO PURCHASING ANY PROPERTY. Mattamy reserves the right to make changes to any of the foregoing at any time, without notice.

 

Surrounding Property
No statement, promise or representation, either oral or in writing, may be relied upon by the Buyer with respect to the existing zoning of any surrounding property or potential uses of any tract of land or any parcel of land adjacent to or surrounding the community. Buyer further acknowledges and understands that the boundary lines of the property will be represented on the survey delivered to Buyer at Closing.

 

Variations
The marketing depictions, site plans, and other papers often vary from the final dimensions of the lot as determined by the final recorded plat. The marketing materials may depict certain amenities for the community. Buyer understands that the amenities actually constructed may vary from the proposals for many reasons. The Purchase Price will not be adjusted, nor will Buyer have any claim against Mattamy on account of the community amenities which are constructed or not constructed. As to any amenities which may be built, Mattamy is not warranting either the construction of them, or guaranteeing Buyer’s right to use them. Buyer also understands that the home may vary in size, dimensions, features, utility placements and materials from both the marketing materials and in some instances from the plans and elevations. The home may be located in a different location on the lot than originally planned. Field adjustments to plans are an accepted industry practice, and as long as any such adjustments do not prevent a certificate of occupancy for the home from being issued, Mattamy may make such changes without Buyer’s consent or notice to Buyer.

 

Views
You assume sole and exclusive responsibility for determining, through sources other than Mattamy, off-site conditions, activities, land uses, and/or future land planning, and hereby release Mattamy from any obligations relating to any off-site matters. You acknowledge that Mattamy is not responsible for constructing or providing common facilities, amenities, and other components of the community. The phrase “future land planning” refers to any revisions or changes to existing land uses or activities, whether such revisions or changes are actually pending for review within some governmental agency, whether they are in the planning stages, and/or whether they are hereafter filed for review or implemented by any company, person or party. You waive any and all claims related to the following:

The location of utility improvements (including, but not limited to, junction boxes, transformers, pedestals, or sewer taps), which may vary, and such utility lines and utility improvements may be located on the lot whether or not such utility lines or utility improvements are shown on any map, survey or appear on the lot;
Any fence or block wall constructed on the lot that is intended to designate the property line of the lot but that may encroach on either side of actual lot lines;
Future construction, grading or excavation of the lot by Buyer that, if not correctly engineered, could disrupt drainage and cause flooding;
Mattamy’s or an unrelated developer’s reservation of the right to make changes to the design of the community and to the plans for all community improvements, including but not limited to, plans of homes to be constructed within the community after construction of the home;
The character and use of property surrounding and in the vicinity of the community (including, but not limited to, cellular phone towers, billboards, etc.);
Any berm, or slope to or from the property line of the lot; or
The location of any future transportation improvements, corridors, roadways or railway improvements (including, but not limited to, roadways, railway tracks, spurs or junctions, traffic signals, etc.), which may vary, whether or not such improvements are shown on any map or survey.
Warranties and Conditions
Unless required by law or subject to warranties actually provided to you by Mattamy, everything on this Website is provided to you “AS IS.” MATTAMY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY MATTAMY’S WEBSITES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, HABITABILITY, WORKMANSHIP OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BUYER WAIVES MATTAMY’S DUTY TO DISCLOSE TO BUYER ANY LATENT DEFECTS UNKNOWN TO MATTAMY.

 

Disclaimer
Mattamy Homes may at any time revise these Legal Disclaimers, Privacy Policy, or Terms and Conditions by updating the Website posting. You are bound by any such revision and should therefore periodically visit the Website to review the then current terms and conditions, privacy policy and legal disclaimers to which you are bound.

In the event that you enter into a home purchase agreement (a “Contract”) with Mattamy at any time for the purchase of a home, the provisions of such Contract shall constitute the entire agreement and understanding between you and Mattamy with respect to the subject matter of the Contract. Such Contract will supersede all content presented on, or linked from, this website; and no such content on or linked from this website is a representation, warranty, collateral agreement or condition affecting any current or future Contract for which Mattamy can be held responsible or liable in any way.