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CA · Flood-disclosure law

Does a California seller have to disclose flooding?

California requires sellers of residential real property (and their agents) to deliver a Natural Hazard Disclosure Statement that specifically discloses whether the property is in a FEMA Special Flood Hazard Area (Zone A or V) or a dam-failure inundation area, in addition to the general Transfer Disclosure Statement. The flood disclosure is mandatory and cannot be waived.

California at a glance

Flood-specific disclosure

The statute or the state-mandated form has dedicated flood questions — flood-zone status, flood history, prior claims, or flood-insurance history.

DisclosureRequired
Opt-outNone
Primary-source verified· verified June 16, 2026
Cal. Civ. Code § 1103 et seq. (Natural Hazard Disclosure; 1103.2 form/flood items, 1103.13 remedy); 1102 et seq. (Transfer Disclosure Statement)

The 4-card answer

California flood-disclosure, decoded

Whether the seller must disclose, what triggers it, the penalties, and any opt-out gotcha — each card cites its source.

Does the seller have to disclose flooding?

Disclosure required

Flood-specific disclosure

California requires sellers of residential real property (and their agents) to deliver a Natural Hazard Disclosure Statement that specifically discloses whether the property is in a FEMA Special Flood Hazard Area (Zone A or V) or a dam-failure inundation area, in addition to the general Transfer Disclosure Statement. The flood disclosure is mandatory and cannot be waived.

The statute or the state-mandated form has dedicated flood questions — flood-zone status, flood history, prior claims, or flood-insurance history.

Cal. Civ. Code § 1103 et seq. (Natural Hazard Disclosure; 1103.2 form/flood items, 1103.13 remedy); 1102 et seq. (Transfer Disclosure Statement)Primary-source verified· verified June 16, 2026

What triggers the duty

  • Property lies within a FEMA-designated Special Flood Hazard Area (any Zone A or V)
  • Property lies within an area of potential flooding shown on a dam-failure inundation map
  • FEMA Letter of Map Revision placing the property in a special flood hazard area (must mark 'Yes' and attach the LOMR)
  • Sale/exchange/lease-option of residential real property covered by the article

Penalties & remedies

Per Civil Code 1103.13, any person who willfully or negligently violates a duty under the article is liable for actual damages suffered by the transferee.

Buyer remedy: Actual damages (Civ. Code 1103.13); the transfer is NOT invalidated solely by a disclosure failure.

Opt-out gotchas

No statutory opt-out or waiver-for-credit mechanism identified. Waiver is prohibited — Civil Code 1103(d): any waiver of the requirements of this article is void as against public policy.

Research note ▾

Fetched and confirmed on leginfo.legislature.ca.gov: 1103.2 lists 'A SPECIAL FLOOD HAZARD AREA (Any type Zone A or V) designated by FEMA' and 'AN AREA OF POTENTIAL FLOODING shown on a dam failure inundation map'; 1103.13 sets actual-damages liability and states no transfer is invalidated solely for non-compliance; 1103(d) voids any waiver.

Buyer's rights

If you're buying in California

Your rights re-framed from the buyer's side, plus a pre-closing checklist that holds in every state.

What California law gives you as a buyer

California requires a seller disclosure (see the answer cards), so you have a statutory document to rely on — and a remedy if the seller knowingly withheld a material flood fact. Actual damages (Civ. Code 1103.13); the transfer is NOT invalidated solely by a disclosure failure.

Cal. Civ. Code § 1103 et seq. (Natural Hazard Disclosure; 1103.2 form/flood items, 1103.13 remedy); 1102 et seq. (Transfer Disclosure Statement)

Your pre-closing checklist (works in every state)

  • Pull a free FEMA flood-zone lookup

    Enter the address on FEMA's Flood Map Service Center to see the property's flood-zone designation (Special Flood Hazard Area = Zone A/V). This is public and free, regardless of what the seller discloses.

    msc.fema.gov ↗

  • Request a CLUE / loss-history report

    A C.L.U.E. (Comprehensive Loss Underwriting Exchange) report shows insurance claims filed on the property in the last ~7 years, including water and flood claims. The current owner can pull theirs free once a year from LexisNexis.

    LexisNexis consumer disclosure ↗

  • Get an independent inspection — ask about water

    Hire your own inspector and specifically flag drainage, grading, sump pumps, and signs of past water intrusion (staining, efflorescence, fresh paint in basements). An inspection contingency protects you if problems surface.

  • Get a flood-insurance quote before you waive contingencies

    Quote NFIP or private flood coverage early. Homeowners' insurance does NOT cover flood damage. A federally backed mortgage on a property in a Special Flood Hazard Area generally requires flood insurance — budget for it.

    floodsmart.gov ↗

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Step 2 — Your answer

California

Does the seller have to disclose flooding?

Disclosure required

Flood-specific disclosure

California requires sellers of residential real property (and their agents) to deliver a Natural Hazard Disclosure Statement that specifically discloses whether the property is in a FEMA Special Flood Hazard Area (Zone A or V) or a dam-failure inundation area, in addition to the general Transfer Disclosure Statement. The flood disclosure is mandatory and cannot be waived.

The statute or the state-mandated form has dedicated flood questions — flood-zone status, flood history, prior claims, or flood-insurance history.

Cal. Civ. Code § 1103 et seq. (Natural Hazard Disclosure; 1103.2 form/flood items, 1103.13 remedy); 1102 et seq. (Transfer Disclosure Statement)Primary-source verified· verified June 16, 2026

What triggers the duty

  • Property lies within a FEMA-designated Special Flood Hazard Area (any Zone A or V)
  • Property lies within an area of potential flooding shown on a dam-failure inundation map
  • FEMA Letter of Map Revision placing the property in a special flood hazard area (must mark 'Yes' and attach the LOMR)
  • Sale/exchange/lease-option of residential real property covered by the article

Penalties & remedies

Per Civil Code 1103.13, any person who willfully or negligently violates a duty under the article is liable for actual damages suffered by the transferee.

Buyer remedy: Actual damages (Civ. Code 1103.13); the transfer is NOT invalidated solely by a disclosure failure.

Opt-out gotchas

No statutory opt-out or waiver-for-credit mechanism identified. Waiver is prohibited — Civil Code 1103(d): any waiver of the requirements of this article is void as against public policy.

Research note ▾

Fetched and confirmed on leginfo.legislature.ca.gov: 1103.2 lists 'A SPECIAL FLOOD HAZARD AREA (Any type Zone A or V) designated by FEMA' and 'AN AREA OF POTENTIAL FLOODING shown on a dam failure inundation map'; 1103.13 sets actual-damages liability and states no transfer is invalidated solely for non-compliance; 1103(d) voids any waiver.

Summary of California law as of June 2026. Not legal advice.

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