How Ashton Woods Uses This Clause
Ashton Woods purchase agreements have been documented to include daily closing penalty provisions. The contract may impose per-day financial penalties or allow contract termination if the buyer cannot close by the specified date. These provisions can apply even when delays result from the builder's affiliated lender or last-minute document changes. Source: BBB complaint records.
This provision typically appears within the purchase agreement alongside other terms that may limit buyer remedies.
Ashton Woods's scale means contract templates are largely standardized across its operations. A clause identified in one market's contract is likely present in other markets' contracts, though local addenda may modify the terms.
Builder-Specific Details
Combined with Deposit Forfeiture
Together these create dual financial pressure — daily penalties plus potential deposit loss — to force closing.
Standard Form Contract
This clause appears in Ashton Woods's standard purchase agreement, which is generally presented on a take-it-or-leave-it basis. Buyers typically have limited ability to negotiate individual terms, though making the request in writing is still advisable.
State-by-State Enforceability
Enforceability of this clause varies by state. The following reflects Ashton Woods's operating states.
| State | Status | Note |
|---|---|---|
| Texas | Likely Enforceable | Daily closing penalty clauses in Texas new construction contracts are generally enforceable when... |
| Florida | Likely Enforceable | Daily closing penalty provisions in Florida new construction contracts are generally enforceable... |
| Georgia | Likely Enforceable | Georgia generally enforces per-diem closing penalty provisions when structured as liquidated... |
| Arizona | Likely Enforceable | Daily closing penalty clauses are generally enforceable in Arizona when structured as liquidated... |
| North Carolina | Likely Enforceable | Daily closing penalty provisions in North Carolina new construction contracts are generally... |
| South Carolina | Likely Enforceable | Daily closing penalty clauses in South Carolina are generally enforceable as liquidated damages when... |
Related Clauses in Ashton Woods Contracts
This clause often works in combination with other provisions in Ashton Woods's purchase agreements.
Together these create dual financial pressure — daily penalties plus potential deposit loss — to force closing.
Inspection restrictions combined with closing pressure limit the buyer's ability to identify defects before closing.
Certificate of occupancy issues may interact with closing deadlines and associated penalties.
Closing pressure may lead buyers to accept incomplete punch list work rather than risk penalties.
What Buyers Can Do
- Negotiate the closing timeline. If possible, request a reasonable buffer period rather than a fixed date. Delays caused by the builder's own processes should not trigger buyer penalties.
- Understand the per-day penalty amount. Calculate the total exposure if closing is delayed by a week or more. Daily penalties can add up to significant sums quickly.
- Have the full contract scanned before signing. This clause is often one of several interconnected provisions in Ashton Woods contracts that collectively limit buyer remedies. A contract scan can identify all of them.