Terms of Service

Effective Date: January 13, 2026
Last Updated: January 13, 2026

1. Acceptance of Terms

Welcome to NewFLHomes.com (“Site,” “we,” “us,” or “our”), operated by Alexander Edward Downey, Florida Real Estate Broker (License #BK3312729). By accessing or using this Site, you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, please do not use this Site.

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Site. Your continued use of the Site following any changes constitutes acceptance of those changes.

2. Description of Services

NewFLHomes.com provides real estate information, property listings, market insights, and buyer representation services for new construction homes in Lakewood Ranch, Florida, and surrounding areas including Sarasota, Bradenton, Manatee County, and Parrish.

Our services include:

• Property search assistance
• Video tours of available properties
• Builder incentive tracking and negotiation
• Transaction coordination
• Relocation support services
• Real estate market information and analysis

3. No Attorney-Client or Fiduciary Relationship

IMPORTANT: The content on this Site is for informational purposes only and does not constitute:

• Legal advice
• Financial advice
• Tax advice
• Investment advice
• A guarantee of any specific outcome

Nothing on this Site creates an attorney-client, financial advisor-client, or fiduciary relationship. You should consult with appropriate licensed professionals (attorneys, CPAs, financial advisors) before making any real estate decisions.

4. Real Estate Representation

4.1 Buyer Agency

We provide buyer representation services for individuals purchasing new construction homes. Our compensation is paid by the builder/seller, not by you as the buyer, in accordance with standard real estate industry practices in Florida.

4.2 No Representation Until Agreement

Viewing information on this Site or contacting us does NOT create a broker-client relationship. A formal representation agreement must be signed before we represent you in any transaction.

4.3 Licensed in Florida Only

Alexander Edward Downey and NewFLHomes.com are licensed to practice real estate only in the State of Florida. We do not provide real estate services in any other state.

5. Property Information and Listings

5.1 Accuracy of Information

While we strive to provide accurate and up-to-date information about properties, builders, communities, and incentives:

• Property availability, pricing, and features are subject to change without notice
• Builder incentives may expire or change hourly
• Information is deemed reliable but not guaranteed
• We are not responsible for errors, omissions, or changes made by builders or third parties

5.2 Third-Party Content

Some property information is provided by builders, developers, Multiple Listing Services (MLS), and other third parties. We do not control or guarantee the accuracy of third-party content.

5.3 No Guarantee of Availability

Properties shown on our Site may have already sold or may no longer be available. Contact us directly for current availability.

6. User Conduct and Prohibited Activities

You agree NOT to:

• Use the Site for any illegal purpose or in violation of any local, state, federal, or international law
• Transmit any harmful code, viruses, or malicious software
• Attempt to gain unauthorized access to any part of the Site
• Scrape, data mine, or use automated tools to collect information from the Site
• Impersonate any person or entity
• Harass, threaten, or harm other users or our staff
• Post or transmit any defamatory, obscene, or offensive content
• Use the Site to spam or solicit users for commercial purposes
• Violate any intellectual property rights
• Interfere with the proper functioning of the Site

Violation of these terms may result in immediate termination of your access and potential legal action.

7. Intellectual Property Rights

7.1 Our Content

All content on this Site, including text, graphics, logos, images, videos, software, and compilations, is the property of NewFLHomes.com or our licensors and is protected by U.S. and international copyright, trademark, and other intellectual property laws.

7.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use the Site for personal, non-commercial purposes only. You may not:

• Copy, reproduce, or redistribute any content without our written permission
• Modify, adapt, or create derivative works
• Use our content for commercial purposes
• Remove any copyright or proprietary notices

7.3 Trademarks

“New Florida Homes,” “NewFLHomes,” and our logos are trademarks of Alexander Edward Downey. Unauthorized use is prohibited.

8. User-Submitted Content

8.1 Content You Submit

If you submit any content to our Site (reviews, comments, inquiry forms, etc.), you grant us a worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, publish, and distribute that content in any medium.

8.2 You Represent and Warrant That:

• You own or have the right to submit the content
• The content does not violate any third-party rights
• The content is not defamatory, obscene, or illegal
• The content does not contain viruses or malicious code

8.3 Monitoring and Removal

We reserve the right (but have no obligation) to monitor, edit, or remove any user-submitted content at our sole discretion.

9. Privacy and Data Collection

Your use of this Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using this Site, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy.

We collect information including:

• Contact information (name, email, phone number)
• Property preferences and search criteria
• Usage data and analytics
• Cookies and tracking technologies

10. Third-Party Links and Services

Our Site may contain links to third-party websites, including:

• Builder websites
• Community websites
• Mortgage lenders
• Home inspection services
• Other service providers

We do not control and are not responsible for the content, privacy policies, or practices of any third-party sites. Your use of third-party sites is at your own risk. We encourage you to review the terms and policies of any third-party sites you visit.

11. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THIS SITE AND ALL CONTENT AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Accuracy: We do not warrant that the information on the Site is accurate, complete, reliable, or current
• Availability: We do not warrant that the Site will be uninterrupted, secure, or error-free
• Results: We do not warrant that use of the Site will meet your requirements or achieve any particular result
• Merchantability and Fitness: We disclaim all implied warranties of merchantability, fitness for a particular purpose, and non-infringement

FLORIDA LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

12.1 No Liability for Damages

NEITHER NEWFLHOMES.COM, ALEXANDER EDWARD DOWNEY, NOR ANY OF OUR AFFILIATES, EMPLOYEES, AGENTS, OR LICENSORS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO:

• Lost profits or revenue
• Lost data
• Business interruption
• Personal injury
• Property damage
• Reliance on information provided on the Site
• Errors or omissions in content
• Unauthorized access to your information

12.2 Maximum Liability

IF WE ARE FOUND LIABLE FOR ANY DAMAGES, OUR TOTAL LIABILITY SHALL NOT EXCEED $100 OR THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, WHICHEVER IS GREATER.

12.3 Basis of the Bargain

You acknowledge that these limitations are a fundamental element of the agreement between you and us, and that we would not provide the Site without these limitations.

FLORIDA LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT FULLY APPLY TO YOU.

13. Indemnification

You agree to indemnify, defend, and hold harmless NewFLHomes.com, Alexander Edward Downey, and our affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from:

• Your use or misuse of the Site
• Your violation of these Terms
• Your violation of any third-party rights
• Any content you submit to the Site
• Your violation of any law or regulation

This indemnification obligation survives termination of these Terms and your use of the Site.

14. Dispute Resolution and Governing Law

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. The Florida Uniform Electronic Transaction Act applies to these Terms.

14.2 Jurisdiction and Venue

You agree that any legal action or proceeding arising out of or related to these Terms or your use of the Site shall be brought exclusively in the state or federal courts located in Manatee County or Sarasota County, Florida. You consent to the personal jurisdiction of these courts and waive any objection to venue.

14.3 Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Sarasota, Florida before one arbitrator. The arbitration shall be administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.

Exception: Either party may seek injunctive or other equitable relief in court to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

14.4 Class Action Waiver

You agree that any arbitration or legal proceeding shall be conducted only on an individual basis and not as a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.

15. Real Estate Specific Provisions

15.1 Florida Real Estate Law Compliance

All real estate transactions facilitated through our services are subject to Florida Real Estate Law (Chapter 475, Florida Statutes) and regulations of the Florida Real Estate Commission (FREC).

15.2 Equal Housing Opportunity

We comply with all federal, state, and local fair housing laws. We do not discriminate based on race, color, religion, sex, handicap, familial status, national origin, or any other protected class.

15.3 Agency Disclosure

Florida law requires that we provide agency disclosure information before you enter into a buyer representation agreement. This disclosure explains the types of agency relationships available in Florida real estate transactions.

15.4 Builder Relationships

We maintain professional relationships with multiple builders in the Lakewood Ranch area. While builders compensate us for successful transactions, we maintain our fiduciary duty to you as our client when you enter into a buyer representation agreement with us.

16. Email and SMS Communications

16.1 Consent to Electronic Communications

By providing your email address or phone number, you consent to receive electronic communications from us, including:

• Property updates and listings
• Builder incentive notifications
• Market information
• Service-related messages
• Promotional offers (you may opt out)

16.2 SMS/Text Messaging

If you opt in to receive text messages, you consent to receive text messages at the phone number you provide. Message and data rates may apply. You can opt out at any time by replying “STOP” to any text message.

16.3 Unsubscribe

You may unsubscribe from promotional emails at any time by clicking the “unsubscribe” link in any email or by contacting us directly. Note that you cannot opt out of service-related messages if you are an active client.

17. DMCA Copyright Policy

We respect the intellectual property rights of others. If you believe that content on our Site infringes your copyright, please provide our designated Copyright Agent with the following information:

• A physical or electronic signature of the copyright owner
• Identification of the copyrighted work claimed to have been infringed
• Identification of the infringing material and its location
• Your contact information (address, phone, email)
• A statement that you have a good faith belief that use of the material is not authorized
• A statement, under penalty of perjury, that your information is accurate and you are authorized to act on behalf of the copyright owner

Copyright Agent:
Alexander Edward Downey
333 Broker Drive
Lakewood Ranch, FL 34211
Email: broker@newflhomes.com

18. Termination

18.1 Our Right to Terminate

We reserve the right to terminate or suspend your access to the Site at any time, without notice, for any reason, including but not limited to:

• Violation of these Terms
• Engaging in fraudulent or illegal activity
• Abusive behavior toward our staff or other users
• Any conduct we deem harmful to the Site or our business

18.2 Effect of Termination

Upon termination:

• Your right to use the Site immediately ceases
• We may delete your account and any content associated with it
• Sections of these Terms that by their nature should survive shall survive termination

19. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

20. Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and NewFLHomes.com regarding your use of the Site and supersede all prior agreements and understandings.

21. No Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.

22. Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction. These Terms shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

23. Force Majeure

We shall not be liable for any failure or delay in performance under these Terms due to causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

24. Contact Information

If you have any questions about these Terms of Service, please contact us:

New Florida Homes
Alexander Edward Downey
Florida Real Estate Broker #BK3312729

Address:
333 Broker Drive
Lakewood Ranch, FL 34211

Phone: 941.222.0169

Email: broker@newflhomes.com

Website: NewFLHomes.com

25. Acknowledgment

BY USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

These Terms of Service were last updated on January 13, 2026.