NVHomes defrauded buyers at Osprey Point. They promised a resort-style community they knew they couldn’t deliver — and sold it anyway for profit. This wasn’t an honest mistake. It was fraud — calculated and sustained.
False Advertising: Promised Amenities That Couldn’t Legally Exist
NVHomes aggressively marketed a beach and kayak launch, claiming they were included in the HOA dues — while knowing they lacked the legal ability or approvals to build them.
- The beach and launch were never approved or even approvable. NVHomes promoted them anyway to close deals.
- Over 2.5 years later, they remain unbuilt. NVHomes offers only excuses.
Deceptive Renderings: Selling the Impossible
Flyers showed amenities that defy wetland law and physics — including deep-water docks, a beachfront, and a luxury infinity pool. The image included lettered markers A through F — each one its own deception:
| Label | Deception |
|---|---|
| A & D | Depict a walk-in beach with direct water access — a fantasy that violates wetland and bulkhead regulations and cannot legally be built. |
| B | Shows boats in water far too shallow for navigation, misleading buyers about actual access. |
| C | Replaces dense, protected marshland with clean, open water — a complete fabrication. |
| E | Hides the fact that the land isn’t HOA-owned — future access would require extra payment to a third party. |
| F | Depicts a luxury infinity pool that cannot be built due to environmental setback rules — knowingly unrealistic. |
The Undeniable Reality
This image, from Google Earth (September 2024), clearly shows the dense vegetation within the water—vegetation that cannot be legally altered. The pristine beach depicted in the NVHomes rendering is unequivocally impossible.
Deliberate Disclosure Fraud
Delaware law requires homebuilders to disclose key facts. NVHomes said “N/A” when asked about pending approvals — intentionally hiding the truth about what wasn’t permitted or even submitted.
- They omitted required disclosures about Army Corps and DNREC approvals.
- They buried key facts about land ownership and HOA rights in fine print.
This wasn’t an oversight. It was a plan — to conceal risk, close sales, and shift liability to homeowners once they were locked in.
May 2025 Update: They Told Two Different Stories
Late May Update
NVHomes is now contradicting the very position they've maintained since the beginning. From the outset, NVHomes made it clear that the parcel where the promised amenities—like the bay beach, kayak launch, and resort-style features—were to be built was owned by a third party and out of their control. Not only did they repeat this claim throughout the sales process, but they are now requiring homeowners to sign disclosure statements explicitly confirming that this key parcel is not owned by NVHomes or the community.
And yet—in a stunning reversal—NVHomes is now attempting to legally bully their way into control of that same parcel, claiming it should have belonged to the community all along.
The irony? This is exactly what homeowners have been asking for: secure the parcel and deliver what was promised. But instead of doing it with integrity—by negotiating in good faith and purchasing the land—NVHomes is attempting to seize it through litigation, rewriting the narrative in a desperate attempt to minimize their legal exposure.
NVHomes can’t have it both ways. If the parcel was never theirs, they had no business tying their sales campaign to it. If it was always intended for the community, then their failure to deliver the promised amenities is even more indefensible.
Early May Update
In early May, NVHomes representative Michele Morgan emailed the community claiming that Parcel O — where the marina, beach, and kayak launch were supposed to go — was always part of the community. She said it was counted in open space totals, included in density calculations, and intended for HOA use. She went on to say NVHomes intends to file a lawsuit to have the privately owned parcel in question turned over to the HOA.
But that claim directly contradicts two documents — both created and recorded by NVHomes or its affiliates:
- Master Declaration (March 2022): Filed before home sales began, it explicitly states that Parcel O is not part of the project and not HOA property.
- Disclosure Form (March 2025): New buyers must now sign a form acknowledging that Parcel O is private property and not owned or controlled by the HOA.
These are not opinions. They’re legal filings — recorded before and after sales began. NVHomes cannot claim both are true. This is not confusion. It’s evidence of a cover-up.
They Admitted It — Then Did Nothing
On video, NVHomes acknowledged marketing unapproved amenities and called it a mistake. Then they offered no correction. No ownership. Just more marketing spin and delay.
Buyer Testimonial
We bought in 2023 believing in a waterfront lifestyle — beach, kayak launch, marina. It’s what NVHomes promised us, in brochures and in person. We now know none of it was ever likely — and they knew it. What we received was not what we were sold. That’s not disappointment. That’s betrayal.
NVHomes has made serious missteps — and they’ve acknowledged many of them on video. But acknowledgment without corresponding corrective action is empty. Words don’t fix broken promises. Action does.
What’s most troubling is that a clear, reasonable path forward has been laid out — one that would allow all three parties to declare victory, with each yielding something but all walking away with resolution.
The fix isn’t complicated. NVHomes can purchase Parcel O, construct the promised amenities, and transfer them to the HOA. We’ve proposed it. The developer has indicated willingness. The only one refusing to act — is NVHomes.
The longer NVHomes avoids doing the right thing, the more permanent the damage becomes.
We’ve done everything we can — and NVHomes still refuses to do the right thing. That’s not negligence. That’s a strategy. And we intend to hold them accountable.