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For sellers

What you must disclose — and how to do it right

Flood disclosure isn't a trap for sellers; a clean, complete disclosure is the cheapest insurance you'll buy in the whole transaction. Here's what the law expects and how to protect yourself.
Check your state's rule

The seller's-side view

Why disclosure works in your favor

The instinct to say as little as possible usually backfires. Complete disclosure closes the door on the claims that actually cost sellers money.

  • Disclose what you know

    Most disclosure laws turn on the seller's actual knowledge. You're generally not expected to investigate beyond what you know — but you must answer honestly and completely about what you do know.

  • A clean disclosure protects you

    A complete, written disclosure is your strongest defense. Misrepresentation and fraudulent-concealment claims survive even in buyer-beware states — silence about a known defect can still be actionable.

  • Know when the duty attaches

    Timing matters. Many statutes require delivery at or before the contract is signed (or before the buyer is contractually obligated). Late delivery can give the buyer a termination right.

Do it right

A six-step seller checklist

General good practice — confirm the specifics with a licensed professional in your state.

  1. Find out your state's rule first — whether disclosure is required, and whether a specific state form is mandated.

  2. Use the official state form where one exists; don't substitute a generic template.

  3. Answer flood items completely: prior flooding or water intrusion, prior flood-insurance claims, federal flood assistance received, and known flood-zone status.

  4. Don't use 'unknown' to dodge something you actually know — that's where misrepresentation claims start.

  5. Deliver it on time — at or before contract signing in most states.

  6. Keep a signed, dated copy. Your paper trail is your protection.

A note on opt-outs and waivers

Some states historically allowed a seller to skip disclosure — New York's old $500 credit is the famous example. Those loopholes are closing. Even where a waiver exists, using it can invite suspicion and rarely protects you from a knowing- concealment claim. When in doubt, disclose.

Seller-side · statute-cited

Get your state's disclosure rule before you list.

The decoder shows what's required in your state, the form to use, and the penalties for getting it wrong.

Run the decoderBuying instead? Read the buyer's guide

Informational only — not legal advice. Consult a licensed real-estate attorney or title professional.