What Florida sellers must disclose and how you can get the form to buyers on time
TL;DR: Florida law requires the seller of residential real property to complete and provide a Florida flood disclosure to the buyer by the time the sales contract is executed. The form asks about known flood damage during the seller’s ownership, insurance claims related to flood damage, and assistance received for flood damage. The seller can have known damage to report even if they paid for every repair themselves.
At a listing appointment, your seller mentions that runoff from a nearby drainage ditch rose quickly after heavy rain and flooded the garage. The water damaged the drywall. The seller paid for the repairs and says, “I never filed a claim. Do I still have to disclose it?” The Florida flood disclosure asks about damage and claims separately, so each answer needs its own facts.
When Is the Florida Flood Disclosure Due?
Under section 689.302, Florida Statutes, the seller must complete and provide the statutory disclosure to the buyer at or before execution of the sales contract. Build delivery into your listing and offer workflow so the buyer receives the form by that point. Ask the seller to complete your brokerage’s current form when you take the listing. For the required wording, see section 689.302, Florida Statutes.
What the Florida Flood Disclosure Asks
- Known damage. Does the seller know of any flooding that damaged the property while they owned it?
- Insurance claims. Has the seller filed an insurance claim relating to flood damage to the property? This includes claims through the National Flood Insurance Program.
- Assistance. Has the seller received assistance for flood damage to the property? FEMA assistance is one example, and the question also covers assistance from other sources.
The statute covers flooding from overflowing inland or tidal waters, unusually fast buildup of runoff or surface water from an established water source, and rainwater that remains standing for a sustained period. A drainage ditch is one example of an established water source.
How the Seller Should Answer in the Garage Example
Based on those facts, the seller reports knowing about flood damage during their ownership and answers that they did not file a claim. If they also received no assistance for the damage, they answer that item accordingly. The repaired drywall does not change the fact that the seller knows about the damage. If the seller is unsure whether an event falls within the statutory definition, bring the facts to your broker and have the seller seek legal guidance as needed.
A Checklist for Listing and Buyer Agents
- At the listing appointment, give the seller the current brokerage-approved form. Let the seller supply the answers. If the seller mentions flooding, help them identify any records they may have, such as repair invoices, claim correspondence, or assistance records.
- Before the contract is executed, confirm that the buyer received the completed disclosure. If you’re working with the buyer and the form is missing, raise it promptly with the listing side and your broker.
- In the transaction file, save the completed form and a record of when and how it was delivered, following your brokerage’s procedures. See Florida real estate recordkeeping rules for more on organizing disclosure documents.
- During the buyer’s due diligence, point the buyer to the FEMA Flood Map Service Center and suggest speaking with an insurance agent early about coverage and cost. The seller’s answers describe what the seller knows or has done. Flood maps and insurance quotes help the buyer evaluate future risk and costs.
Keep the Flood Form With Your Other Disclosures
The seller’s flood form is one part of the disclosure process. In Florida residential sales, licensees also have duties concerning known facts that materially affect property value and are not readily observable to the buyer. If you learn about water damage or find an inconsistency in the seller’s answers, involve your broker promptly. See section 475.278, Florida Statutes, and our guide to Florida real estate disclosures.
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Tags: Florida Flood Disclosure, Florida Real Estate Disclosures, Flood Damage, Flood Insurance, Florida Real Estate Agents, Transaction Records
