Fulbrook Disclaimer
Disclaimer/Privacy Policy

Disclaimer/Privacy Policy

This Notice is presented to you by Fulbrook Partners, Ltd. and Trend Development, Inc. to inform you of a number of facts about Fulbrook.  Please read this notice in its entirety.  The main purpose of this Notice is to provide you with information on the Fulbrook community and the relationships and responsibilities of the companies involved in developing Fulbrook, marketing Fulbrook and building homes in Fulbrook.

What is Fulbrook?

Fulbrook is sometimes referred to as a master-planned community.  In reality, Fulbrook is a real estate development which will include land for residential and recreational uses.  The entire land area comprising Fulbrook falls within the governmental jurisdiction of Fort Bend County, Texas. In deciding whether and where to buy a home in Fulbrook, you should be aware of the conditions and land uses where your prospective home is or will be located as well as those in the general area.  You should review a copy of the plat indicating the current land plan for the neighborhood in which your prospective home is or will be located, as well as the latest development plan for Fulbrook.  While actual development may vary from that indicated on the development plan, this information will give you some idea of how the land around your neighborhood could ultimately be developed. .  You are urged to review the plat and development plan and any other land use information available since this information may affect your decision to purchase.  Please be aware that all plans for land or facilities, even if shown on the development plan, are subject to change without notice.  No warranties or representations, express or implied, concerning the intended use, proposed improvements, actual design, location or character of the facilities shown on the development plan are intended.  NOTHING PRESENTED IN THIS WEBSITE SHALL OBLIGATE FULBROOK PARTNERS, LTD., TREND DEVELOPMENT, INC. OR ANY OTHER ENTITY, PUBLIC OR PRIVATE, TO CONSTRUCT FACILITIES OR DEVELOP LAND AS SHOWN.

Who are Fulbrook Partners, Ltd. and Trend Development, Inc. and What do they do?

Fulbrook Partners, Ltd. is the owner of the land under development in Fulbrook that has not been sold to third parties.  Trend Development, Inc. is a land developer.  In general terms, a land developer prepares previously undeveloped land for further development, including preparation of lots for single-family homes and parcels of land for garden homes, townhomes, recreational areas, offices, and so on.  Additionally, the developer arranges for road construction, installation of sewer, water, and other utility services, and construction of amenities such as parks, nature trails, recreational facilities, and other common elements.  Development activity also includes land planning, preparing detailed plats, and engineering drawings, securing necessary approvals from governmental entities, and coordinating with utility companies and others who provide services to the community. In Fulbrook, as land is platted, the landowner encumbers the developed land with certain recorded covenants, conditions, and restrictions, as amended from time to time (the “Declaration”) that restrict the land to a specific use, such as single-family residential and commercial office and retail.  That Declaration also provides for architectural guidelines and review and imposes other restrictions on such land.  The subdivisions in Fulbrook are subject to the Declaration as filed for record in the Official Public Records of Real Property of Fort Bend County, Texas.  Although the Declaration has been amended and supplemented several times since its original filing, the Declaration continues to run with title to the land in your subdivision.  The landowner has also promulgated architectural standards (the “Development Guidelines”) for your subdivision.  You need to familiarize yourself with the Declaration and Development Guidelines imposed on your subdivision since they may restrict the type of house that can be built on your lot and may impose reasonable limitations on how you use your house and lot in the future. Please be aware that any sales agents or brokers are not employees or agents of Fulbrook Partners, Ltd., Trend Development, INC.; or Fulbrook.

Who is the Fulbrook Homeowners’ Association, Inc.?

The Fulbrook Homeowners’ Association, Inc., a Texas non-profit corporation (the “Association”) was created to administer and enforce the above-referenced Declaration and Development Guidelines, collect assessments, maintain the common areas, greenbelts, and rights-of-way in Fulbrook, and operate amenities such as nature trails, lakes and parks.  A copy of the Declaration and Development Guidelines applicable to your prospective neighborhood should be provided to you by a sales agent or broker or a title company prior to the purchase of a home.

What the Home Builder Does

After residential land is developed, Fulbrook Partners, Ltd. offers the lots for sale primarily to certain builders engaged in the home construction business.  Home builders in Fulbrook are independent businesses that buy developed lots from the Fulbrook Partners, Ltd., build homes, and offer them for sale to the public.  None of Fulbrook, Fulbrook Partners, Ltd., Trend Development, Inc. or the Association build houses and do not control the home builders who do. Builders are responsible for preparation of house plans and specifications that must conform to the Declaration and applicable Development Guidelines.  Builders submit plans to the Architectural Review Committee (“ARC”) of the Association which reviews the plans to determine whether the plans comply with applicable square footage, setback, and similar restrictions contained in the above-referenced Declaration and Development Guidelines.  The builder is entirely responsible, however, for construction of the house and all of its components, and for compliance with local governmental and industry standards for residential construction.  Review and approval by the ARC is intended to insure that the house plans satisfy the Declaration and Development Guidelines but such review is not intended to assure or guarantee that the house has been adequately designed or constructed.

Inspections During Construction

Fulbrook Partners, Ltd., Trend Development, Inc., the ARC, and the Association DO NOT inspect homes during construction to insure that they are being built according to any specific governmental standards, codes, industry or other specifications.  The adequacy of the design standards and specifications for your house is a contractual matter between you and the builder.  Consequently, Fulbrook Partners, Ltd., Trend Development, Inc., the ARC, and the Association cannot warrant or otherwise represent that the home builder will satisfy its obligations to you or your expectations concerning the design and construction of your house.  It is the buyer’s responsibility to insure the house is constructed in a suitable manner. Soil conditions at Fulbrook are very similar to the soil conditions found in Houston, Texas, and therefore, contain expansive clay.  If the house has been started or completed, you may wish to determine from the builder what code was followed and whether the foundation for your home has been or will be designed by an engineer.  In any event, consider hiring an inspector, engineer, and/or architect to verify that the foundation, framing, electrical, and plumbing work, and other components of the construction were performed properly.  If the house has not yet been started, you and the builder will need to agree on the design standard and specifications for your house and include all such specifications within your construction contract with the builder.  It is also recommended in this instance that you consider hiring an inspector, engineer, and/or architect to insure that the builder complies with the agreed-to design standards and specifications.

Warranties

You are encouraged to purchase or request your builder to purchase a homeowners warranty.   These warranties differ substantially in nature, scope, and coverage.  You will need to review carefully any warranty you purchase or that your builder provides.  In addition, each builder typically warrants its construction (over an agreed period of time) for latent defects.  You should discuss all of these matters with your builder.  Please remember that Fulbrook Partners, Ltd., Trend Development, Inc., the ARC and the Association ARE NOT responsible for any type of warranty repairs to your house.

Selecting a Builder

As a prospective home buyer, you need to interview builders and examine other houses they have constructed.  Fulbrook Partners, Ltd., Trend Development, Inc., the ARC and the Association cannot recommend one builder over another.  The selection of a builder is entirely your decision. IN NO EVENT SHALL (i) FULBROOK PARTNERS, LTD.’S SALE OF THE LOT TO THE BUILDER (ii) TREND DEVELOPMENT, INC.’S  DEVELOPMENT OF FULBROOK, OR (iii) THE ASSOCIATION’S AUTHORITY PURSUANT TO THE DECLARATION BE CONSTRUED BY HOMEBUYERS IN ANY WAY TO CONSTITUTE A REPRESENTATION OR WARRANTY BY FULBROOK PARTNERS, LTD., TREND DEVELOPMENT, INC. OR THE ASSOCIATION TO HOMEBUYERS OF THE SKILL, COMPETENCE, ABILITY, OR FINANCIAL STRENGTH OF ANY BUILDER OR OF ANY OTHER MATTER CONCERNING ANY BUILDER OR THE IMPROVEMENTS CONSTRUCTED OR TO BE CONSTRUCTED BY ANY BUILDER; IT BEING UNDERSTOOD AND AGREED THAT ALL HOMEBUYERS HAVE INTERVIEWED THE BUILDERS AND HAVE MADE THEIR OWN INQUIRY AS TO THEIR CHOSEN BUILDER’S SKILL, COMPETENCE, ABILILTY, AND FINANCIAL STRENGTH, AND THE HOMEBUYERS ARE NOT RELYING ON FULBROOK PARTNERS, LTD., TREND DEVELOPMENT, INC. OR THE ASSOCIATION, OR ANY OTHER PARTY IN DETERMINING THE SAME OR ANY OTHER MATTER CONCERNING THEIR CHOSEN BUILDER.  YOU MAY WISH TO CONSULT A REAL ESTATE ATTORNEY AND RETAIN SUCH AN ATTORNEY THROUGHOUT THE ENTIRE HOME BUYING/BUILDING PROCESS.

Use of Information

Any information submitted by you to Fulbrook Partners, Ltd. and/or Trend Development, Inc. may be shared with Fulbrook Partners, Ltd.’s investors, lenders and consultants.  Additionally, such information will be shared with home builders authorized to build in the Fulbrook development.