Do I need to disclose flood zone information to buyers?

This is one of the most important questions a Keys seller can ask, because the honest answer is yes, and the consequences of getting it wrong can be serious. Florida puts disclosure duties on sellers in two separate ways: a state law that requires a specific written flood disclosure, and decades of case law that requires sellers to come clean about material facts. Here is exactly what you need to know before you sign anything.

The Statutory Requirement: HB 1049 and Florida Statute 689.302

Effective October 1, 2024, Florida requires sellers of residential real estate to provide buyers with a written flood disclosure (Florida Realtors Form FD-1) at or before the time the sales contract is executed. Under the law, a seller has a duty to disclose, to the best of their knowledge: whether the property has ever had any flooding that caused damage during the seller's ownership, whether the seller has ever filed a flood insurance claim for the property, and whether the seller has ever received federal flood disaster assistance (such as FEMA assistance) for flood damage to the property. The expanded version that took effect October 1, 2025 also made the form required for landlords under leases of one year or longer and clarified the assistance disclosure. The disclosure is not optional and cannot be waived away by an as-is clause.

Beyond the Form: The Johnson v. Davis Duty

The statutory form is the floor, not the ceiling. Florida's courts, most notably in the Florida Supreme Court's decision in Johnson v. Davis, have long held that where a seller of a home knows of facts materially affecting the value of the property, which are not readily observable and are not known to the buyer, the seller has a duty to disclose them to the buyer. Flooding history, water intrusion, repeated mold after storms, drainage problems, and known flood damage all qualify as material facts. This duty applies to sellers AND to real estate licensees, who are required by Florida Real Estate Commission rules to disclose known facts that materially affect the value of residential property. An as-is contract does not remove the duty.

What Flood Information Matters in the Keys

Here is the flood intelligence a buyer and their lending team will want to see:

• The home's FEMA flood zone designation, whether AE, VE, or X, and which flood maps apply. Not sure what your zone means? Start with Zone AE vs. Zone VE explained.
• The property's actual flood history, including storm surge, king tides, street flooding, and any water in the home. See how to check a property's storm damage history.
• Flood insurance claim history, whether through NFIP or a private carrier; claims history follows the property, not the owner.
• Whether the seller received FEMA or other disaster assistance for flood damage.
• The elevation certificate and whether the finished floor exceeds base flood elevation. Learn more about FEMA elevation certificates and verifying flood elevation on a property.
• Seawall, drainage, and grading conditions that affect how water behaves around the home.
• Repeated loss history and mitigation work done, such as a raised home, flood vents, pumps, or an upgraded seawall.

Why This Matters Even More in the Florida Keys

A large share of Monroe County sits in Special Flood Hazard Areas, so flood zone and elevation are baked into nearly every transaction here. Buyers almost always make their offer conditional on what flood insurance will cost, and a lender will require flood insurance on federally backed loans for homes in high-risk zones. Sellers who are upfront about elevation, history, and insurance avoid the two worst outcomes: a deal that collapses at the last minute when the buyer finds out, and a lawsuit after closing. Being transparent also protects the seller, because a full written disclosure is the best defense against a later nondisclosure claim. For the financial side, see what flood insurance costs in the Keys, whether elevating a home can lower flood insurance, and how flood zones change over time.

What Happens If You Do Not Disclose

• The buyer can terminate the contract if they learn of undisclosed flood issues before closing.
• After closing, a buyer can sue for damages or rescission under the Johnson v. Davis nondisclosure standard.
• Undisclosed flooding could void or affect title insurance and the deal financing.
• The seller and their agent can both be named in a claim.
• It is far more expensive to defend a lawsuit than to fill out a form.

What I Tell Every Seller to Do

1. Gather your paperwork now: flood insurance policy, claims history, elevation certificate, any FEMA correspondence, photos of any past flooding and the repairs.
2. Be honest about what you know, even if it is unflattering; buyers will find water history in the Keys anyway.
3. Get an up to date flood zone determination and, if you have one, share the elevation certificate; it is your best selling tool when it shows a high elevation.
4. If you are unsure whether something must be disclosed, disclose it; more disclosure is almost always safer than less.
5. Have your real estate attorney review the form before you sign if you have any doubt.

What I Tell Every Buyer to Do

• Ask for the FD-1 flood disclosure and the elevation certificate before you write an offer.
• Get a flood insurance quote early, before you fall in love with a property. Compare private flood insurance with the National Flood Insurance Program.
• Check the FEMA Flood Map Service Center for the official zone.
• Consider a CLUE report to see the property's insurance claim history.
• Understand that a home can be outside the mapped high-risk zone and still flood in the Keys.

Selling a Keys home? Send me the address and I will pull the flood zone, check the elevation and insurance picture, and help you get the disclosure package right from day one. It is a phone call that saves deals.