How Ashton Woods Uses This Clause
Ashton Woods purchase agreements have been documented to include monthly payment suppression / hidden costs provisions. Promotional financing through Velocio Mortgage may include temporary interest-rate buydowns that reduce initial monthly payments. Buyers should confirm whether quoted payments reflect the permanent rate and include taxes, insurance, and HOA fees. Source: Ashton Woods promotional materials; BBB complaint records. This clause has been the subject of litigation, including WFTV Action 9 Investigation — Orlando Deposit and Contract Terms.
This provision typically appears within the purchase agreement alongside other terms that may limit buyer remedies. This provision is closely connected to Ashton Woods's affiliated lending arm, Velocio Mortgage (49% owned by an Ashton Woods affiliate, per RESPA disclosure).
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
Buyers who discover true costs after signing face forfeiting their deposit if they back out.
Connection to Velocio Mortgage (49% owned by an Ashton Woods affiliate, per RESPA disclosure)
Ashton Woods operates Velocio Mortgage (49% owned by an Ashton Woods affiliate, per RESPA disclosure) as an affiliated lending arm. The builder may offer financial incentives for buyers who use this lender, which creates a direct connection between the lending relationship and the terms of the purchase agreement.
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.
Legal History
The following cases involve Ashton Woods's use of this clause type.
WFTV Action 9 Investigation — Orlando Deposit and Contract Terms
WFTV's Action 9 unit investigated complaints from buyers who signed Ashton Woods contracts and lost deposits of up to $33,000 when they could not close. The investigation documented the builder's mandatory arbitration clause, class action waiver, and the binding effect of contract terms on successive homeowners. A real estate attorney who reviewed the contract confirmed it was drafted to protect the builder with no deposit refund for mortgage denial. Source: WFTV Action 9.
State-by-State Enforceability
Enforceability of this clause varies by state. The following reflects Ashton Woods's operating states.
| State | Status | Note |
|---|---|---|
| Texas | Uncertain | Texas does not have a specific statute addressing monthly payment suppression in new construction... |
| Florida | Uncertain | Florida does not have a specific statute addressing monthly payment suppression in builder... |
| Georgia | Uncertain | Georgia does not have a specific statute addressing monthly payment suppression in builder... |
| Arizona | Uncertain | Arizona does not have a specific statute addressing monthly payment suppression in builder... |
| North Carolina | Uncertain | North Carolina does not have a specific statute addressing monthly payment suppression in builder... |
| South Carolina | Uncertain | South Carolina does not have a specific statute addressing monthly payment suppression in builder... |
Related Clauses in Ashton Woods Contracts
This clause often works in combination with other provisions in Ashton Woods's purchase agreements.
Buyers who discover true costs after signing face forfeiting their deposit if they back out.
The affiliated lender may present suppressed payment estimates, and incentives encourage buyers to use that lender.
Closing penalties discourage buyers from delaying to investigate payment discrepancies.
What Buyers Can Do
- Independently verify your projected monthly payment. Do not rely solely on estimates from Velocio Mortgage (49% owned by an Ashton Woods affiliate, per RESPA disclosure). Get a loan estimate from at least one independent lender for comparison.
- Ask about temporary rate buydowns. Determine whether any quoted rate includes a temporary buydown that will expire, causing your payment to increase after the introductory period.
- Review the WFTV Action 9 Investigation — Orlando Deposit and Contract Terms case. The WFTV Action 9 Investigation — Orlando Deposit and Contract Terms ruling may be relevant to your situation. If you are buying a Ashton Woods home in a state with similar legal protections, this precedent could affect the enforceability of this clause.
- 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.