Effective Date: June 1, 2026
By accessing and using the Bayfair website, you accept and agree to be bound by the terms and provisions of this agreement. Please read the following terms carefully before using our site.
This Terms of Use and Terms and Conditions Agreement (the “Agreement”) governs access to and use of the website, landing pages, forms, portals, digital tools, and related online services (collectively, the “Site”) operated in connection with Bayfair Holdings, LLC, doing business as Bayfair Custom Homes, and Bayfair Realty, LLC (collectively, “Bayfair,” “Company,” “Companies,” “us,” “our,” or “we”). Bayfair Holdings, LLC and Bayfair Realty, LLC are Florida companies. This Agreement is intended to apply jointly to the Site and separately to services provided by each entity.
By accessing or using the Site, submitting information through the Site, clicking to accept where such option is presented, or communicating with Bayfair through the Site, you agree to be bound by this Agreement. If you do not agree, do not use the Site.
Bayfair Holdings, LLC, doing business as Bayfair Custom Homes, is engaged in home building, construction, development, design-related coordination, and related consulting or project activities. Bayfair Realty, LLC is engaged in real estate brokerage and related licensed real estate services, subject to Florida law and applicable licensing requirements.
Use of the Site does not create a builder-client relationship, contractor-owner agreement, brokerage relationship, agency relationship, fiduciary duty, joint venture, partnership, or any other professional or contractual relationship unless and until a separate written agreement is fully executed by the appropriate Bayfair entity. For real estate services, any brokerage relationship, including single agent, transaction broker, or no brokerage relationship, will be governed by applicable Florida law and the separate disclosures and agreements required for that relationship.
Site inquiries, scheduling requests, valuation requests, contact forms, newsletter signups, showing requests, or submission of plans, specifications, or property information are requests for contact only and do not obligate Bayfair to provide services, respond, negotiate, or accept any engagement.
You may use the Site only for lawful purposes and only if you are at least 18 years old and capable of forming a binding contract. You agree not to use the Site in any manner that violates any applicable law, regulation, MLS rule, fair housing rule, intellectual property right, privacy right, or contractual restriction.
Permitted use of the Site is limited to personal, informational, and legitimate business inquiry purposes related to custom home building, development opportunities, real estate brokerage services, and related transactions. You may not use the Site to harvest data, scrape listings, reverse engineer any functionality, interfere with Site operations, submit false or misleading information, or use the Site to compete unfairly with Bayfair.
All content on the Site is provided for general informational purposes only. This includes, without limitation, descriptions of homes, communities, construction methods, finishes, renderings, floor plans, lot availability, neighborhoods, pricing, timelines, development concepts, market commentary, brokerage services, and educational materials.
Content on the Site is not legal, tax, accounting, surveying, engineering, architectural, lending, insurance, appraisal, or investment advice. Users should consult their own professional advisors before relying on Site content or making decisions related to construction, purchase, sale, financing, zoning, title, land use, or investment.
Bayfair attempts to keep Site information current, but does not warrant that any content is complete, current, accurate, or error-free. Home features, plans, specifications, pricing, dimensions, square footage, estimated completion dates, community information, school information, availability, incentives, commissions, financing assumptions, and property status may change without notice.
Renderings, photographs, floor plans, virtual tours, site plans, maps, conceptual drawings, and design images may show artist concepts, optional upgrades, unavailable features, or conditions that vary from the final product. Actual homes, lots, finishes, dimensions, views, and neighborhood conditions may differ materially.
For custom homes and construction projects, all budgets, allowances, schedules, delivery dates, completion estimates, and performance expectations are preliminary unless expressly incorporated into a signed written contract. Construction is subject to permitting, inspections, code requirements, labor conditions, materials availability, weather, force majeure events, owner selections, lender requirements, and governmental action.
Bayfair Realty, LLC provides brokerage services in accordance with Florida law. Nothing on the Site is intended to modify any statutory disclosure obligation, including agency or brokerage relationship disclosures required by section 475.278, Florida Statutes.
Property information on the Site may be based in whole or in part on information from sellers, developers, public records, multiple listing services, third-party vendors, builders, property managers, or other sources. Such information is deemed reliable but is not guaranteed and should be independently verified by buyers, sellers, landlords, tenants, and investors.
Users must independently verify all facts that are material to a transaction, including but not limited to price, square footage, lot size, zoning, school assignments, flood zone status, permitting status, rental restrictions, HOA or condominium rules, room dimensions, condition, legal use, investment performance, and availability.
All real estate advertising on the Site is subject to applicable federal, state, and local fair housing laws. Bayfair supports equal housing opportunity and does not knowingly publish or permit content intended to express any unlawful preference, limitation, or discrimination.
If the Site displays property listing information sourced from a multiple listing service, IDX feed, syndication source, or other licensed data source, that content is provided solely for the user’s personal, non-commercial use in identifying prospective properties for possible purchase, sale, lease, or financing. Listing content may be subject to additional MLS, IDX, or vendor rules, and Bayfair reserves the right to modify, suspend, or remove such content at any time.
Listing information may not reflect all real estate activity in the market. Some listings of other brokerage firms may have been excluded. Listing statuses, prices, and property details may change without notice and may not be updated in real time.[9]
You may not copy, scrape, aggregate, frame, commercially exploit, reproduce, retransmit, or use listing data for resale, analytics, automated valuation, solicitation, lead generation, model training, or any unauthorized purpose. All listing content remains subject to the rights of the MLS, listing broker, content provider, and other applicable rights holders.
Bayfair Holdings, LLC may present information regarding custom home construction, speculative homes, remodeling, pre-construction services, lot evaluation, design-build coordination, budgeting, allowances, and development opportunities. Unless stated otherwise in a fully executed written contract, nothing on the Site constitutes a binding offer to build, an agreed scope of work, a guaranteed price, or a guaranteed completion date.
Any preliminary estimate, budget range, allowance schedule, or timeline provided through the Site is conceptual only and may change based on plans, engineering, subsurface conditions, code requirements, jurisdictional comments, owner selections, insurance, financing, tariff or supply changes, and other project-specific conditions. New residential construction in Florida may also be subject to statutory warranty requirements, including the one-year statutory warranty applicable to newly constructed homes under section 553.837, Florida Statutes, when effective and applicable.
Users are responsible for obtaining independent legal review of any construction, design, purchase, development, or consulting agreement before signing. To the extent any marketing content conflicts with a signed written agreement, the signed written agreement will control.
If you submit plans, photographs, specifications, budgets, addresses, testimonials, reviews, project ideas, listing details, or other materials through the Site (“Submissions”), you represent that you have the right to provide them and that the Submissions do not violate any law or third-party right.
You grant Bayfair a non-exclusive, royalty-free, worldwide license to use, host, store, reproduce, modify, and transmit your Submissions for the purposes of responding to your inquiry, evaluating a project or property, operating the Site, providing services, complying with law, and maintaining business records. Bayfair is not obligated to treat unsolicited Submissions as confidential unless required by law or stated in a signed written confidentiality agreement.
Do not submit sensitive confidential information through the Site unless specifically requested through a secure method. Site forms and standard email communications may not be appropriate for transmission of highly sensitive financial or other confidential information.
Bayfair may collect information you provide directly and information collected automatically through your use of the Site, including device identifiers, browser type, pages visited, referral sources, session information, form interaction data, IP address, approximate or precise geolocation where enabled, and cookie or similar tracking data. Bayfair may use first-party and third-party cookies, pixels, analytics tools, advertising technologies, call tracking tools, CRM integrations, and similar technologies to operate the Site, analyze traffic, improve marketing, secure the Site, understand user behavior, and support lead management.
Where geolocation or similar sensitive location data is collected, Bayfair may provide additional notice and seek consent as required by applicable law and platform requirements. FTC guidance and recent enforcement actions emphasize clear disclosure, conspicuous notice, and affirmative express consent for collection, use, or sharing of sensitive geolocation information.
By using the Site, you acknowledge that cookies, tracking technologies, IP logging, and location-related tools may be used as described in Bayfair’s Privacy Policy and cookie disclosures. You are responsible for reviewing browser, device, and platform settings that may permit blocking or limiting cookies, location access, or tracking technologies. However, disabling certain technologies may affect Site performance or functionality.
By submitting a contact form, scheduling request, property inquiry, registration form, or similar form, you expressly consent to be contacted by Bayfair and its representatives by phone, call recording systems, email, text message, voicemail, and automated technologies, to the extent permitted by law, regarding your inquiry and related services. Consent to receive marketing communications is not a condition of purchase.
You are responsible for ensuring that any contact information you submit is accurate and belongs to you or that you are authorized to provide it. Standard carrier, message, and data rates may apply.
The Site and its content, including text, graphics, photos, video, renderings, floor plans, logos, branding, page design, software, compilations, and other materials, are owned by Bayfair or its licensors and are protected by copyright, trademark, trade dress, and other applicable laws. No right, title, or interest is transferred to you except the limited right to use the Site in accordance with this Agreement.
You may not reproduce, republish, distribute, display, modify, create derivative works from, frame, mirror, scrape, data-mine, or exploit Site content without prior written consent, except for limited personal and non-commercial use. Unauthorized use of listing data, plans, renderings, or project imagery is strictly prohibited.
The Site may contain links to third-party websites, maps, mortgage tools, scheduling systems, CRM platforms, analytics providers, social media platforms, listing feeds, builders, lenders, title companies, insurers, or government resources. Bayfair does not control and is not responsible for the content, policies, availability, or practices of third-party services.
Access to third-party sites is at your own risk. Your use of third-party tools may be governed by separate terms and privacy policies.
You agree not to:
THE SITE AND ALL CONTENT, FUNCTIONS, AND MATERIALS ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS TO THE FULLEST EXTENT PERMITTED BY LAW. BAYFAIR DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND THAT THE SITE WILL BE SECURE, UNINTERRUPTED, OR ERROR-FREE.
Without limiting the foregoing, Bayfair does not warrant the accuracy of listing content, construction information, project schedules, valuation estimates, availability, investment projections, lender scenarios, governmental approvals, or third-party content.
To the fullest extent permitted by law, Bayfair, its affiliates, members, managers, brokers, agents, employees, contractors, licensors, and representatives shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any loss of profits, revenue, business opportunity, goodwill, data, use, or expected savings, arising out of or related to the Site or this Agreement, even if advised of the possibility of such damages.
To the fullest extent permitted by law, Bayfair’s total aggregate liability for all claims arising from or relating to the Site or this Agreement shall not exceed the greater of $100 or the amount, if any, paid by you directly to Bayfair solely for use of the Site in the three months preceding the event giving rise to the claim.
Nothing in this Agreement is intended to waive rights or remedies that cannot be lawfully waived under applicable law.
You agree to defend, indemnify, and hold harmless Bayfair and its affiliates, members, managers, brokers, agents, employees, contractors, licensors, and representatives from and against any claims, liabilities, damages, judgments, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to your use of the Site, your Submissions, your violation of this Agreement, your violation of any law, or your infringement of any right of any person or entity.
Bayfair is committed to equal housing opportunity. The Site is intended to comply with the federal Fair Housing Act and applicable Florida fair housing requirements. Bayfair does not knowingly publish content indicating any unlawful preference, limitation, or discrimination based on protected characteristics, and reserves the right to remove user content or inquiries that violate these standards.
Users may not use the Site to request or encourage discriminatory treatment, steering, exclusionary marketing, or selective presentation of housing opportunities. Bayfair may refuse or terminate communications that appear to violate fair housing laws or ethical obligations.
You agree that this Agreement, notices, disclosures, and other communications may be provided electronically. You consent to the use of electronic records and electronic communications in connection with your use of the Site, subject to any rights you may have under applicable law.
This Agreement is governed by the laws of the State of Florida, without regard to conflict of law rules. Any dispute arising out of or relating to the Site or this Agreement shall be brought exclusively in the state courts located in the county in Florida where the applicable Bayfair entity maintains its principal place of business, or if federal jurisdiction exists, in the appropriate federal court in Florida, and each party consents to such jurisdiction and venue.
Bayfair may revise this Agreement at any time by posting an updated version on the Site. The updated version will become effective as of the stated effective date unless otherwise indicated. Your continued use of the Site after updated terms are posted constitutes your acceptance of the revised terms.
If any provision of this Agreement is held invalid or unenforceable, the remaining provisions will remain in full force to the fullest extent permitted by law. No waiver of any provision will be effective unless in writing, and no waiver of any breach will be deemed a waiver of any other or subsequent breach.
This Agreement applies only to Site use and constitutes the entire agreement between you and Bayfair regarding Site use, except as supplemented by any posted Privacy Policy, cookie notice, separate click-through terms, MLS/IDX notices, or fully executed written service agreement.
For questions about this Agreement, users should contact the applicable Bayfair entity through the contact information provided on the Site. Regulatory and licensure information for Florida real estate services may also be verified through the Florida Department of Business and Professional Regulation licensing resources.
Our team is happy to answer any questions about how we handle your personal information.
