How Ashton Woods Uses This Clause
Ashton Woods purchase agreements have been documented to include affiliated lender incentive steering provisions. Closing-cost credits and promotional pricing are frequently conditioned on financing through Velocio Mortgage, in which an Ashton Woods affiliate holds a 49% interest. While use of Velocio is not contractually required, the financial incentive structure may discourage buyers from comparison shopping. Buyers have the legal right to choose any lender. Source: Ashton Woods RESPA/AfBA disclosure; 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
Incentives tied to using the preferred lender may be lost if the buyer switches lenders, and the deposit terms may reflect this.
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 | Likely Enforceable | Texas generally permits builders to offer incentives conditioned on using a preferred lender,... |
| Florida | Likely Enforceable | Florida permits builders to offer incentives conditioned on using a preferred lender, subject to... |
| Georgia | Likely Enforceable | Georgia permits builders to offer incentives conditioned on using a preferred lender, subject to... |
| Arizona | Likely Enforceable | Arizona permits builders to offer incentives conditioned on using a preferred lender, subject to... |
| North Carolina | Likely Enforceable | North Carolina permits builders to offer incentives conditioned on using a preferred lender, subject... |
| South Carolina | Likely Enforceable | South Carolina permits builders to offer incentives conditioned on using a preferred lender, subject... |
Related Clauses in Ashton Woods Contracts
This clause often works in combination with other provisions in Ashton Woods's purchase agreements.
Incentives tied to using the preferred lender may be lost if the buyer switches lenders, and the deposit terms may reflect this.
The affiliated lender provides the suppressed payment estimates, creating a direct connection between these clauses.
What Buyers Can Do
- Compare rates with independent lenders. Velocio Mortgage (49% owned by an Ashton Woods affiliate, per RESPA disclosure) may offer closing cost credits or other incentives, but the overall loan terms may not be the most competitive available.
- Calculate the true cost of lender incentives. A closing cost credit of several thousand dollars may be offset by a higher interest rate over the life of the loan. Run the numbers for your specific situation.
- 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.