Florida Flood Disclosure Requirements for Sellers

Florida law requires a seller of residential real property to complete and give the buyer a flood disclosure at or before the sales contract is executed. Put it on the pre-contract document list so it is not discovered after signatures are complete.

The statutory form asks whether the seller knows of flooding that damaged the property during the seller's ownership, whether the seller filed an insurance claim related to flood damage, and whether the seller received flood-damage assistance, including assistance from FEMA. It explains that homeowners insurance does not include flood-damage coverage and encourages the buyer to discuss separate flood insurance with an insurance agent. The statute defines flooding to include specified overflow, runoff, and sustained standing water from rainfall.

The seller should answer from the seller's own knowledge and records. An agent or transaction coordinator should not complete factual answers on the seller's behalf. A buyer may also want to review flood maps, obtain an insurance quote, and ask an insurance professional about coverage and waiting periods. A property's location outside a mapped high-risk zone does not answer every flood-risk question.

Send the disclosure before or with the offer paperwork, confirm the buyer receives it by contract execution, and retain the completed version in the transaction file. Condominium sales can have additional, separately worded flood disclosure provisions under the condominium statute; have the agent or closing attorney use the appropriate current forms for the property.

Christine Matus PA helps agents track disclosures and missing signatures before they become closing issues. Contact Christine.

Source: Florida Statutes § 689.302.