Legal
Terms of Use
What we are, where the numbers come from, what they mean, and the rules for using this site. We have tried to write it so it can actually be read.
Effective Privacy Policy
How this document is organised. Part A applies to everyone who reads this site. It describes what we are, where our information comes from, what our figures do and do not mean, and what we ask of you. It is not a contract, and we do not claim you agreed to anything by reading a page.
Part B contains contract terms — a limit on our liability, an indemnity, an agreement to arbitrate individually and a waiver of class actions. Those apply only to people who have affirmatively accepted them.
There is one place on this site where that happens. When you continue with Google to verify an alert email, the button carries a notice saying that pressing it means you agree to these Terms. We keep a record of the sentence that was on your screen. Saving a home on your device does not accept Part B. If you have not continued through that notice, Part B does not apply to you, and we are not going to argue in some future dispute that reading a page or pressing Save was a signature.
The alert consent beside that button is the narrower permission to keep your verified email address and use it for the alerts you asked for. It covers nothing else.
Part A · Applies to everyone
What this site is, and is not
dwellmark.house is an independent information service. It tracks quick move-in new-construction homes that homebuilders advertise publicly on their own websites, and it records how those advertised prices, incentives and availability change over time. It currently covers Phoenix Metro (Arizona), San Francisco Bay Area (California), Austin Metro (Texas), Dallas–Fort Worth Metroplex (Texas), Houston Metro (Texas), Atlanta Metro (Georgia), Charlotte Metro (North Carolina), Orlando Metro (Florida), Tampa Bay (Florida) and Nashville Metro (Tennessee). It is operated by Serenia Labs LLC, a limited liability company formed in Arizona (“we”, “us”). dwellmark.house is a trade name of that company, not a separate business.
To be explicit about what we are not:
- We are not a real estate broker or salesperson, and we are not licensed as one in any state. We do not list, market, show, sell or negotiate for any property.
- We are not a multiple listing service and not an MLS participant. Our information does not come from an MLS.
- We are not a homebuilder, not a lender, not a title or escrow company, and not an appraiser.
- We are not affiliated with, sponsored by or endorsed by any builder named on this site, and no builder reviews or approves what appears here.
- We are not paid by any builder, seller, agent, lender or other party for anything shown on this site. No placement, ordering, badge or ranking on this site has ever been paid for. If that ever changes, we will say so on this page and label the paid material as advertising, on the day it changes.
- We do not represent you. We are not your agent, we owe you no fiduciary duty, and nothing here creates an agency or brokerage relationship.
Nothing on this site is real estate, legal, tax, financial or investment advice, an appraisal, a valuation, an offer to sell, or a solicitation of an offer to buy. The builder is the only party that can tell you what a home actually costs and whether it is actually available, and a signed purchase contract is the only document that binds anyone.
Where the information comes from
Everything about a home on this site began as information a builder published on its own public website. We read those pages automatically, on a schedule — currently about once a day — and record what we saw and when we saw it. We do not receive a data feed from anyone, and no builder sends us anything.
That method has consequences you should assume are always in play:
- Anything here can be out of date. A price we show may have changed hours ago. A home shown as available may be under contract, sold, or withdrawn.
- Anything here can be wrong. Builder pages change layout, list plan prices in one place and home prices in another, run tests, and publish mistakes. Our software can misread any of it.
- Anything here can be incomplete. We do not cover every builder in every market we track, and we do not claim to. Some builders publish no per-home inventory at all; some we cannot read; some we have chosen not to read. A home’s absence from this site means nothing about the home.
- There are gaps. When a collection attempt fails, or a day’s run does not reach every builder before its time budget ends, that day simply has no observation in it. A flat line in a price history may mean the price did not move, or may mean we could not look.
Verify every price, incentive, fee, availability date and contract term directly with the builder before you rely on it for anything, and certainly before you write an offer.
What our figures mean
The numbers this site is built around are our measurements of what we observed, not statements by any builder. Each has a specific meaning, and each has a specific way of being misleading if you assume it means something else.
“Days tracked”
The number of days since we first saw this home, not days on market. If a builder advertised a home for eight months before we began following it, we will say a much smaller number. It is a fact about our records. It is not a measure of how long a home has gone unsold, and it should not be used as one in a negotiation.
“Price change”, “price cut”, and the price history
These describe the difference between two of our observations. That means they can miss a change that happened and reversed between two looks; can compress several changes into one; can reflect a builder’s own website error or test rather than a real decision; and can show a change that is really a comparison between two different things — a base plan price against an as-built price, or a different home at the same address. Where a price history begins is where we started watching, not the original list price.
Incentives and their terms
Incentive figures are reproduced as the builder advertised them. They are nearly always conditional — commonly on using the builder’s affiliated lender, on a closing deadline, on specific homes, or on terms not stated in the headline. They change and expire constantly. The builder’s own terms govern; ours are a pointer to them.
Verification labels
Where this site labels an incentive as publicly stated or verified, that label describes what we found on a builder’s public page — that the offer was published there with terms attached — and nothing more. It does not mean we contacted the builder, that the offer was confirmed by anyone, that it is still available, or that you will qualify for it. We have not independently verified any offer with any builder.
None of these figures is an appraisal, a valuation, a market analysis, or advice about what to offer.
Financing offers, rates and lenders
Many builder incentives are financing offers, and we show them the same way we show everything else: as what a builder published, with the date we last looked. Because these concern credit rather than a house, several things need saying exactly.
We are not a lender, a mortgage broker, or a loan originator, and we are not licensed as any of them. We do not originate, arrange, negotiate, refer or offer credit; we cannot quote you a rate, tell you what you qualify for, or take an application. Nothing on this site is an offer of credit or a commitment to lend.
No lender, builder or mortgage company pays us anything. We receive no commission, referral fee, lead payment, placement fee or other compensation from any builder, lender, loan originator or settlement service provider, and no one pays to appear here or to appear differently. Nothing on this site is an endorsement or recommendation of any lender or loan.
A rate shown here is the builder’s advertisement, reproduced from the builder’s own published disclaimer as it read when we last checked. It is theirs, not ours, and it is subject to everything their terms say. Assume in every case that it is conditional — advertised financing is nearly always tied to the builder’s affiliated lender, to a specific loan program, to credit qualification and underwriting, to a contract or closing deadline, and to a limited pool of funds. Rates move daily, and an offer can end at any time without notice.
Where we summarise a financing offer in a single line, that line states the rate and the annual percentage rate the builder stated, and says so where the builder’s terms show the rate can rise after closing — an adjustable-rate loan, or a rate that applies only to the first year. It is a pointer to the builder’s disclosure, never a substitute for it. The full terms are reproduced below every such offer, and they govern.
Where a builder’s terms name a lender, a loan originator or an NMLS identification number, that is the builder’s published text reproduced as published and attributed to them. It does not mean that person or company has any relationship with us, has reviewed anything here, or has offered you anything.
Nothing here is a Loan Estimate, a rate quote, a pre-qualification, or advice about which loan to take. Only a lender can tell you your actual rate and terms, in the disclosures the law requires them to give you.
Using this site
You are welcome to read this site, search it, and use what you find to inform your own house hunt, including commercially — if you are an agent or a buyer’s representative using it to serve a client, that is a use we intend to support. We ask only that you not do the following:
- Present our observations as a builder’s statement, as an MLS record, or as verified fact about a property.
- Use the site in a way that damages or overloads it, or that interferes with anyone else’s use of it.
- Use it to do anything unlawful, including anything that discriminates in housing (see fair housing, below).
- Attempt to gain access to any part of the site, or any account or system, that is not open to you — including the operations portal.
We may change, suspend or discontinue any part of the site at any time, and we may stop covering any builder or any market at any time, without notice. This is a free service, and we do not promise it will keep existing.
We may also block or restrict access — by address, by network, or by any other technical means — where we reasonably believe someone is doing one of the things above. We would rather write to you first, and usually will.
Automated access
We collect from other people’s websites, so we will be plain about the rules for collecting from ours rather than pretending to a standard we do not keep.
You may:
- Crawl this site with a search engine or archiver that identifies itself and respects our
robots.txt, which is published at /robots.txt and is the authoritative version of these access rules for software. - Read, quote and cite individual pages and figures, with attribution and a link, for journalism, research or commentary.
- Ask us for bulk or research access. Write to support@serenialabs.space and tell us what you want and why. We would rather give it to you than have you take it awkwardly.
Please do not:
- Send automated requests at a rate that burdens the site, or in a way designed to avoid a rate limit.
- Access the site other than through the interfaces we publish, or use an internal endpoint outside its published purpose.
- Evade, disable or interfere with any rate limit, access control or other technical measure we put in place.
- Do anything that impairs or degrades the site’s infrastructure.
These are restrictions on how the site is accessed, not a claim to own the facts on it. We do not claim that a price, an address or a square footage is our property, and we do not ask anyone to pretend otherwise — see what we claim in our own work.
Builder names, photographs and text
Builder names, community names, logos and trademarks belong to their owners. We use them only to identify whose homes and whose offers we are describing — which is the only way to describe them at all. Their use here does not indicate any affiliation, sponsorship, endorsement or approval.
Photographs of homes belong to the builder or its photographer. We do not copy, store or host builder photographs: where a photograph appears, your browser is loading it directly from the builder’s own servers, and what we keep is the address of the image rather than the image.
We will be exact about the permission position rather than imply one we do not have. Photography is displayed by default and withheld on request. Our system carries a per-builder switch, it starts on, and no builder has opted in to anything. One email turns it off for every home that builder sells, permanently and without argument. An earlier version of this document said we displayed photography “only where that builder’s use has been approved”, which described the switch’s original default and stopped being true when the default changed. It is opt-out, and saying otherwise would claim a consent nobody gave.
Where we reproduce a builder’s own wording — most often the terms and disclaimers attached to an incentive — we reproduce it as the builder published it and attribute it to them, so that you read their terms rather than our paraphrase of their terms. That text is theirs, not ours, and we do not adopt it.
If you are a builder or a rights holder
Write to support@serenialabs.space. We will acknowledge within two business days and act within ten. You can ask us to:
- Correct something that is wrong about your homes;
- Stop displaying your photography, or specific text;
- Raise a trademark concern; or
- Stop collecting from your website altogether — we will honour that.
Copyright complaints may be sent to the same address with the material identified, your contact details, and a statement that you hold the rights or act for the person who does. We do not host user-generated content and we do not claim a hosting safe harbour; what we offer instead is that a complaint reaches a person and gets acted on inside the window above.
What we claim in our own work
We want to be precise about this, because overclaiming would be easy and wrong.
We do not claim to own facts. A price, an address, a square footage, a lot number, a completion date — these are facts about the world. Facts are not ours, no matter how much work it took to gather them, and we assert no proprietary right in any individual data point on this site.
We do claim our own expression and our own compilation: which builders and submarkets we chose to follow, how the collection is selected and arranged, the analytical fields we compute, our written text, our charts, our design and our code. Those are ours, and the time series we have built by observing over months is the thing this product actually is.
We separately ask, as a matter of the access rules above rather than of ownership, that you not extract the dataset in bulk without asking us first.
How we collect from builder sites
A site whose whole premise is other people’s public data owes an account of how it takes it. This is ours, stated as what we actually do.
- Public pages only. We fetch pages and data endpoints that a builder’s own website serves to ordinary visitors without logging in.
- We do not break in. We do not bypass or attempt to bypass any login, paywall, CAPTCHA or web application firewall. Where a builder’s site is protected by a managed firewall that blocks automated clients, we do not attempt to defeat it — we leave that builder out, or a person looks at the page in an ordinary browser.
- We stop when told no. A response of 401, 403 or 404 ends the request. We do not retry it, we do not rotate addresses, and we do not try another route in.
- We identify ourselves. Every request carries a user agent naming this site and linking to a page that explains what the crawler is and how to stop it.
- We go slowly. Requests to any one site are spaced out, capped in size, and backed off further when a site signals it is under load. We run about once a day, not continuously.
- We read robots.txt. Before writing a collector for a builder we read that builder’s
robots.txtand build the collector to stay inside it, including any crawl delay it sets. To be accurate about the limits of that: this review happens when a collector is written or revised, and is recorded in the collector itself — the software does not currently re-read robots.txt on every run. If you have changed yours, tell us and we will act on it immediately rather than waiting to notice. - We do not copy whole pages. We keep the specific fields we describe — price, status, specifications, incentive terms — not archives of builder web pages.
Any builder can ask us to stop, in one email to support@serenialabs.space, with no explanation owed and no argument from us.
Links to other sites
This site links out — to a builder’s own listing for a home, to the page a builder’s disclaimer points at, and occasionally elsewhere. Those sites are not ours. We do not control them, we do not review them, and their content, their offers, their terms and their privacy practices are their own.
A link is not an endorsement or a recommendation, and it is not a statement that anything on the other end is accurate or current. When you follow one you have left this site, and what happens there is between you and them.
Fair housing
All housing described on this site is subject to the federal Fair Housing Act, which makes it illegal to advertise any preference, limitation or discrimination based on race, colour, religion, sex, handicap or disability, familial status, or national origin — or any intention to make such a preference, limitation or discrimination.
It is also subject to the fair housing law of the state and the locality where the home is, and those lists are longer than the federal one and differ between the markets we cover — Arizona, California and Texas each have their own, and California’s adds characteristics including sexual orientation, gender identity and expression, marital status, ancestry, source of income, immigration status, primary language, genetic information and military or veteran status. Rather than apply a different standard in each market, we apply the widest one everywhere: we will not knowingly publish material that discriminates on any of those bases anywhere on this site.
All dwellings described here are advertised as available on an equal opportunity basis.
Where descriptive text about a home or community came from a builder, it is the builder’s statement, reproduced as published and attributed to them. We do not adopt or endorse it. We will not knowingly publish builder material that violates fair housing law, and we will remove it when we learn of it.
If you see anything on this site that looks discriminatory, tell us at support@serenialabs.space. We will review it promptly. This is a request we take seriously and act on, not a formality.
No warranties
THIS SITE AND EVERYTHING ON IT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT ANY PRICE, INCENTIVE, AVAILABILITY, SPECIFICATION, DATE, FIGURE OR OTHER INFORMATION ON THIS SITE IS ACCURATE, COMPLETE OR CURRENT, OR THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THE ENTIRE RISK OF RELYING ON ANYTHING HERE IS YOURS. NO STATEMENT WE MAKE, WRITTEN OR ORAL, CREATES ANY WARRANTY.
Some jurisdictions do not allow the exclusion of certain warranties, so parts of this may not apply to you.
Part B · Applies only if you accept it
The sections below are contract terms. They apply to you only if you have affirmatively accepted them — by pressing a button that said, next to it, that pressing it meant you agreed to these Terms.
They include an agreement to arbitrate disputes individually and a waiver of class actions. Read sections 16 and 17 before you subscribe. You can opt out of arbitration within 30 days, by one email, without losing your subscription or anything else — section 16 says how.
If you have never subscribed or signed in, none of this applies to you. Part A still describes the site accurately, and the disclaimers in it still describe what we are and are not telling you.
When these become an agreement
You accept the terms in Part B when you take an action on this site that is presented together with a clear statement that taking it means you agree to these Terms. Today the current such action is continuing with Google, which creates a subscription so alerts can be sent to an address we know is yours. That button carries the notice printed immediately above it. Saving a home locally is not acceptance.
When you do that, we record the exact sentence that was on your screen, the version of these Terms it referred to, the page you were on, and the time. We keep the wording rather than a “yes”, so that if you ever ask what you agreed to, we can show you rather than paraphrase. That record is deleted along with everything else when you use the delete button on your account page or your watchlist.
Your acceptance applies from that moment forward. It does not reach back over your earlier reading of the site, and it does not apply to anyone else who uses your browser.
If you have not done that, Part B does not apply to you, and nothing in it limits any right you have. Simply reading, searching or using this site is not acceptance of anything, and we will not argue that it was.
Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST OPPORTUNITY, OR LOST OR OVERPAID VALUE ON A PROPERTY, ARISING OUT OF OR RELATING TO THIS SITE — EVEN IF WE HAVE BEEN ADVISED THAT SUCH DAMAGES ARE POSSIBLE.
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THIS SITE WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED US DOLLARS ($100) OR (B) THE TOTAL AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
What this does not cover. Nothing in these Terms limits or excludes our liability for fraud, intentional misrepresentation, wilful misconduct, gross negligence, or anything else that cannot be limited or excluded under applicable law. We are not asking you to release us from those, and a clause that tried to would not be enforceable anyway.
Your indemnity
If you use this site in a way that breaks these Terms or breaks the law, and someone brings a claim against us because of it, you will defend us and cover the resulting costs, damages and reasonable legal fees. This does not apply to claims arising from our own conduct, and we will tell you promptly about any claim and let you control the defence of it.
Notice first, then arbitration
Tell us first
Before starting anything — a court case or an arbitration — send a written description of the problem and what you want to support@serenialabs.space. We have 30 days to try to sort it out with you, and any deadline for bringing a claim pauses during that time. We will do the same before bringing anything against you. Most things worth fixing get fixed in this step.
Arbitration
If that does not resolve it, you and we agree that any dispute arising out of or relating to this site or these Terms will be resolved by binding individual arbitration rather than in court, administered by the American Arbitration Association under its Consumer Arbitration Rules, before a single arbitrator. The Federal Arbitration Act governs this section. The arbitrator decides the merits and their own jurisdiction; a court decides whether section 17 is enforceable.
We have written this to be usable rather than to be a deterrent, because an arbitration clause nobody can afford to invoke is just a way of not being sued:
- We pay for it. Beyond what it would have cost you to file in your local court, we pay the AAA’s filing, administrative and arbitrator fees for any claim you bring — win or lose.
- You choose where. A hearing happens in the county where you live, or by telephone or video, or on documents alone — your choice. We will not ask you to travel to Arizona.
- You keep your remedies. The arbitrator can award anything a court could award on your individual claim, including statutory damages and, where a statute provides for them, your legal fees.
- Small claims still works. Either of us may bring an individual claim in a small claims or justice court instead, and doing so does not breach this section.
- Either of us may ask a court for an injunction against infringement or misuse of intellectual property, or against unauthorised access to the site.
- Nothing here stops you reporting anything to any government agency, or stops that agency doing anything.
You can opt out of arbitration
Within 30 days of first accepting these Terms, email support@serenialabs.space from the address you subscribed with, saying you opt out of arbitration. That is the whole procedure.
Opting out costs you nothing. Your subscription, your watchlist and every other part of these Terms are unaffected, and we will not treat you differently for it. If you opt out, disputes go to the courts named below.
If many similar claims are filed at once
If 25 or more demands for arbitration of substantially similar claims are filed against us by or with the coordination of the same lawyers, the AAA’s rules for multiple case filings apply, and the cases will be heard in batches of up to 25 so that the first batch can resolve the questions common to the rest. Any deadline for bringing a claim is paused for every case in the queue while the batches run.
Where, and by when
These Terms are governed by the law of the State of Arizona, without regard to its conflict-of-laws rules. Anything that is not arbitrated — a small claims case, a request for an injunction, an action to enforce an award, or anything at all if you opted out — will be brought in the state or federal courts in Maricopa County, Arizona, and we each consent to those courts.
Any claim relating to this site must be brought within one year after it arises, or it is given up — except where a law that applies to you does not permit that period to be shortened, in which case that law’s period applies instead.
If you live outside Arizona: nothing here takes away the protection of any consumer-protection law of your home state that cannot be waived by agreement, or requires you to arbitrate a claim your state’s law says cannot be arbitrated.
No class actions
CLAIMS MUST BE BROUGHT INDIVIDUALLY. YOU AND WE EACH WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION, IN COURT OR IN ARBITRATION. THE ARBITRATOR MAY NOT CONSOLIDATE ANYONE ELSE’S CLAIM WITH YOURS, MAY NOT PRESIDE OVER ANY FORM OF CLASS PROCEEDING, AND MAY NOT AWARD RELIEF TO ANYONE WHO IS NOT A PARTY.
Why this is here, since an earlier version of this document said it would not be. That version was written when this site had no way of contacting anyone, and it said we had considered arbitration and decided against it. The site now holds email addresses and mobile numbers. The statutes governing messaging fix damages per message and are enforced class-wide, which turns one mistake by a two-person company into a number it does not survive. We would rather have this clause and make the arbitration behind it genuinely usable — our money, your county, a real 30-day way out — than not have it and be unable to keep the site running.
If this waiver is held unenforceable as to a particular claim, that claim, and only that claim, is severed from arbitration and heard in the courts named above; everything else stays in arbitration. Neither of us has agreed to class arbitration, and this section may not be read as consent to it.
Nothing here waives any relief that cannot be waived under a law that applies to you, or prevents you from taking part in an action brought by a government agency.
Changes to these terms
We may update these Terms. When we do, we will change the effective date at the top and keep the previous version available on request.
A material change to Part B takes effect no sooner than 30 days after we publish it, and it applies to you only after you next affirmatively accept the Terms — presented in a way that tells you they changed. If you have given us an email address, we will email you. We will not treat your continued reading of the site as acceptance of a change; nobody has a duty to re-read a legal page to find out what happened to their rights.
Whichever version was in effect when the events in a dispute happened is the version that governs that dispute.
General
If any provision is held unenforceable, it is limited or removed to the minimum extent necessary and the rest stays in force — except in section 17, which says what happens there. If we do not enforce something immediately, we have not waived it. Headings are for convenience. There are no third-party beneficiaries. You may not assign these Terms; we may assign them to a successor to the site, and the Privacy Policy says what happens to your information if that ever occurs.
If you send us a suggestion about the site, we may use it without owing you anything for it. We are not asking anyone for confidential information and you should not send us any.
Sections 7, 8, 12 and 14–17 survive any end of your use of the site. Together with the Privacy Policy, these Terms are the entire agreement between us about the site.
How to reach us
One address, and a person reads it. A subject line from the left-hand column below gets it in front of the right person faster — but nothing is required, and a message with no subject line at all is still a request we act on.
| If it is about | Start the subject with | Write to |
|---|---|---|
| Something here is wrong about your homes | Correction | support@serenialabs.space |
| Stop collecting from our website | Correction | support@serenialabs.space |
| Copyright, trademark, fair housing, legal notices | Legal | support@serenialabs.space |
| Privacy questions and requests | Privacy | support@serenialabs.space |
Serenia Labs LLC
Arizona limited liability company. We do not publish a street address for a business run out of a home; if you need a postal address — to serve something, or because your process requires one — ask at support@serenialabs.space and we will give you one.