Florida’s Mandatory Flood Disclosure Law: What Duval County Sellers Must Report

Selling a home in Jacksonville? With Florida’s new flood disclosure law (F.S. 689.302), Duval County sellers must provide buyers with a formal Flood Disclosure form before or at contract signing. In a city shaped by rivers, creeks, and the coast, understanding what to report—and how—can make all the difference in a smooth, successful sale.

1. What the Law Requires: Flood Disclosure Basics

• Every seller in Florida must complete the state’s Flood Disclosure form, answering questions about flood zone status, past flood events, and insurance claims.
• This disclosure is mandatory—failure to provide it can give buyers the right to cancel or even lead to post-sale legal headaches.

2. What You Must Disclose (and What You Don’t)

• Flood Zone Status: Note if your property is in a FEMA-designated flood zone and whether flood insurance is required.
• Past Flooding: Disclose any history of flooding that affected the structure, including street or yard flooding if it reached the home.
• FEMA Assistance & Insurance Claims: Report any FEMA disaster assistance or flood insurance claims made on the property, even if repairs were completed.
• What’s Not Required: You don’t need to disclose minor puddling, or flooding that never reached the home or caused damage. Stick to the facts—don’t speculate or over-explain.

3. How to Answer Without Scaring Off Buyers

• Be honest, but concise. If you’ve had a claim or FEMA assistance, explain what was done to resolve the issue (e.g., “Flooding in 2017, professionally remediated and upgraded drainage installed.”)
• Highlight improvements: If you’ve added sump pumps, French drains, or flood vents, mention these proactive steps in your disclosure and marketing.
• Provide documentation: Share receipts, warranties, or inspection reports to reassure buyers that any past issues have been fully addressed.

4. Avoiding Legal Liability After the Sale

• Full, accurate disclosure protects you from future claims of nondisclosure or misrepresentation.
• If you’re unsure about a past event or claim, check your records or consult your insurance agent before completing the form.
• Work with a real estate agent who understands Florida’s disclosure laws and can guide you through the process.

Conclusion

Florida’s flood disclosure law isn’t just a formality—it’s your opportunity to build trust with buyers and protect yourself from post-sale surprises. By being upfront about your property’s flood history and improvements, you can help buyers feel confident and keep your transaction on track. If you need help understanding the new law or want to discuss your specific situation, I’m here to help every step of the way!