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 calculated and sustained.
Litigation Notice (Context for Readers)
Certain matters described on this site are now the subject of active litigation involving NVHomes and the developer of Osprey Point. Statements below are based on recorded marketing materials, filed legal documents, government regulations, and publicly available records. This site exists to preserve the factual record and inform homeowners and the public while the courts resolve the dispute.
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 3 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.
January 2026 Legal Update – Homeowners’ Lawsuit and Procedural Context
Homeowners filed suit in August 2025 against both NVHomes and the developer. That action was taken after years of unfulfilled amenity promises and in the same overall dispute landscape described below, including NVHomes’ decision to sue the developer and the developer’s counterclaim.
For years, NVHomes marketed Osprey Point as a resort-style waterfront community featuring a bay beach, kayak launch, marina access, and related amenities. Those representations appeared in brochures, renderings, sales discussions, and disclosure materials relied upon by buyers.
After sales were complete—and after prolonged delays—NVHomes began asserting a significantly narrower interpretation of what it claims was promised, while simultaneously pursuing litigation that seeks control over the parcel where key amenities were supposed to be built. Homeowners filed suit to preserve the full scope of what was marketed and to prevent obligations from being redefined after the fact.
The homeowners’ case now proceeds in parallel with the NVHomes lawsuit and the developer’s counterclaim described in the June 2025 update below. Together, these actions put before the court the record of what was promised, what was disclosed, who controlled which parcels, and how the story changed once sales were complete.
June 2025 Legal Update – NVHomes Lawsuit and Developer Counterattack
NVHomes is suing the developer of Osprey Point—but not to help homeowners. This lawsuit is a calculated attempt to shift blame, control the narrative, and silence criticism after years of marketing amenities they knew were never deliverable.
They promised a “bay beach,” a marina, kayak storage, and a second pool—none of which appear on county-approved plans. Now, NVHomes is cherry-picking which features they claim were promised and rebranding the others (calling the “bay beach” a “bulkhead beach”).
Meanwhile, the developer has filed a counterclaim, showing that NVHomes:
- Agreed the marina would remain privately owned—not HOA common space.
- Approved marina plans in 2022, then sabotaged the approval process behind the scenes.
- Refused to engage in good-faith discussions and broke their own contract obligations.
NVHomes has asked the court for relief that would restrict resident speech, including public signage and criticism related to the disputed amenities—an extraordinary request that raises First Amendment concerns.
Procedural Posture: Based on the claims and counterclaims filed to date, the court will need to resolve whether NVHomes knowingly marketed amenities tied to land it did not own or control, and whether later attempts to seize that land through litigation are consistent with its recorded disclosures and sales representations.
If NV wins: They may take over Parcel O—but still need years and permits to build.
If the developer wins: NVHomes will be exposed for knowingly misleading buyers—and homeowners may finally pursue fraudulent inducement claims.
This analysis is based on filings reviewed with the assistance of AI. We will continue to speak out until every family gets what they were promised—not just what NVHomes now finds convenient.
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.
This dispute did not need to become a lawsuit. A straightforward resolution—purchase of Parcel O, construction of the marketed amenities, and transfer to the HOA—has been proposed repeatedly. The developer has expressed willingness. NVHomes has declined.
The courts will now determine what NVHomes marketed, what it disclosed, and what it is legally obligated to deliver. Until then, this site will preserve the record.