State Law Gives Florida Real Estate Buyers Information On Past Floods
Florida has historically been a seller-friendly environment when it comes to real estate, but a recently altered law solidifies a new protection that applies to buyers, renters, mobile home owners, and property developers. In 2024, the state passed a law requiring sellers to disclose to buyers whether flood insurance claims have been filed for a property in the past, and now in 2025, that protection has been expanded. Regardless of your situation, being aware of a property’s past flooding history can save you considerable time and trouble in the future.
‘Caveat Emptor’ In The Past
In the past, state case law has only required disclosures to buyers in specific circumstances – for example, in Johnson v Davis (1985), the Florida Supreme Court held that a seller must disclose “facts materially affecting the value of the property which are … not known to the buyer” and are not “readily observable.” The court stated that while ‘caveat emptor’ (‘let the buyer beware’) is still the general policy in Florida, there are some issues that simple good faith and fair dealing should make a seller disclose.
When it comes to flood-prone property, however, the Johnson doctrine does not often apply. Even if a flood does materially affect the value of a piece of property, the fact that a house is in a flood zone is both observable and should be known to the buyer before an offer is made, meaning that a seller can simply assume a buyer is well aware of the risk. The law recently updated by Florida’s legislature ensures that no buyer is left unaware.
Disclosure of Claims Required
The law passed in 2024 picks up where Johnson leaves off, stating that a seller of residential real property must complete a ‘flood disclosure’ and provide it to the buyer either before or at the time the sales contract is executed. While it does not specifically require a seller to say there has been a flood on the property in the past, it requires the seller to indicate whether they have either filed a flood insurance claim or received federal assistance after damage to the property as a result of a flood.
The modifications in 2025 will extend this peace of mind to renters and others who do not own their homes. If a seller lies about previous flooding, renters may be able to recover rent paid and terminate their lease if they find out in time. However, it may still be difficult for Floridians to hold an untruthful seller to account – and unfortunately, the premiums for flood insurance in Florida are rising, particularly as federal grants dry up.
Contact A Tampa Real Estate Attorney
If you are interested in purchasing a piece of Florida property, required flood disclosures can help give you some peace of mind – but it is still crucial to enlist the right help to ensure that those disclosures can be trusted. A Tampa real estate attorney from the Seward Law Office can protect your rights. Call our office today at 813-252-6789 to schedule a consultation.
Source:
flsenate.gov/Laws/Statutes/2024/0689.302
