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DC · Flood-disclosure law

Does a District of Columbia seller have to disclose flooding?

The District of Columbia requires the transferor of residential real property to deliver a Real Property Seller Disclosure Statement on a form approved by the Mayor (D.C. Code § 42-1302; chapter 13). The Mayor-approved DC form (modeled on the Virginia form) includes flood-related questions (e.g., flooding/drainage and flood-zone awareness). Disclosure is mandatory for covered residential transfers, with limited exemptions (e.g., estate sales, foreclosures).

District of Columbia at a glance

General disclosure

A general property-condition disclosure captures flooding through a water/drainage or known-defect item, but has no dedicated flood-zone question.

DisclosureRequired
Opt-outNone
Corroborated (secondary)· verified June 16, 2026
D.C. Code §§ 42-1302, 42-1304 (Residential Real Property Seller Disclosures, ch. 13)

The 4-card answer

District of Columbia 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

General disclosure

The District of Columbia requires the transferor of residential real property to deliver a Real Property Seller Disclosure Statement on a form approved by the Mayor (D.C. Code § 42-1302; chapter 13). The Mayor-approved DC form (modeled on the Virginia form) includes flood-related questions (e.g., flooding/drainage and flood-zone awareness). Disclosure is mandatory for covered residential transfers, with limited exemptions (e.g., estate sales, foreclosures).

A general property-condition disclosure captures flooding through a water/drainage or known-defect item, but has no dedicated flood-zone question.

D.C. Code §§ 42-1302, 42-1304 (Residential Real Property Seller Disclosures, ch. 13)Corroborated (secondary)· verified June 16, 2026

What triggers the duty

  • Transfer of residential real property described in § 42-1301(a)
  • Transferor's knowledge (unknown/unavailable items may be answered as such per § 42-1304)

Penalties & remedies

No fixed statutory monetary penalty specified in the fetched sections; the regime centers on the buyer's termination right plus general fraud/misrepresentation exposure.

Buyer remedy: If the disclosure is delivered after the buyer signs the purchase contract, the buyer may terminate the agreement by written notice no later than 5 calendar days after receipt; this right is waived upon the earliest of mortgage-application submission, settlement/occupancy, or occupancy under a lease-with-option.

Opt-out gotchas

No statutory opt-out or waiver-for-credit mechanism identified. DC does not provide an 'as is'/disclaimer alternative to the form (unlike VA/MD); limited transfer exemptions apply.

Research note ▾

Primary D.C. Code § 42-1302 fetched, confirming the mandatory Mayor-approved form and the 5-day post-signing termination right. The specific flood content of the Mayor-approved DC disclosure form is corroborated by secondary sources, not by a direct fetch of the official form; hence overall 'secondary' for the flood-specific element. The statute requires the form but does not enumerate flood items in the fetched text.

Buyer's rights

If you're buying in District of Columbia

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

What District of Columbia law gives you as a buyer

District of Columbia 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. If the disclosure is delivered after the buyer signs the purchase contract, the buyer may terminate the agreement by written notice no later than 5 calendar days after receipt; this right is waived upon the earliest of mortgage-application submission, settlement/occupancy, or occupancy under a lease-with-option.

D.C. Code §§ 42-1302, 42-1304 (Residential Real Property Seller Disclosures, ch. 13)

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

District of Columbia

Does the seller have to disclose flooding?

Disclosure required

General disclosure

The District of Columbia requires the transferor of residential real property to deliver a Real Property Seller Disclosure Statement on a form approved by the Mayor (D.C. Code § 42-1302; chapter 13). The Mayor-approved DC form (modeled on the Virginia form) includes flood-related questions (e.g., flooding/drainage and flood-zone awareness). Disclosure is mandatory for covered residential transfers, with limited exemptions (e.g., estate sales, foreclosures).

A general property-condition disclosure captures flooding through a water/drainage or known-defect item, but has no dedicated flood-zone question.

D.C. Code §§ 42-1302, 42-1304 (Residential Real Property Seller Disclosures, ch. 13)Corroborated (secondary)· verified June 16, 2026

What triggers the duty

  • Transfer of residential real property described in § 42-1301(a)
  • Transferor's knowledge (unknown/unavailable items may be answered as such per § 42-1304)

Penalties & remedies

No fixed statutory monetary penalty specified in the fetched sections; the regime centers on the buyer's termination right plus general fraud/misrepresentation exposure.

Buyer remedy: If the disclosure is delivered after the buyer signs the purchase contract, the buyer may terminate the agreement by written notice no later than 5 calendar days after receipt; this right is waived upon the earliest of mortgage-application submission, settlement/occupancy, or occupancy under a lease-with-option.

Opt-out gotchas

No statutory opt-out or waiver-for-credit mechanism identified. DC does not provide an 'as is'/disclaimer alternative to the form (unlike VA/MD); limited transfer exemptions apply.

Research note ▾

Primary D.C. Code § 42-1302 fetched, confirming the mandatory Mayor-approved form and the 5-day post-signing termination right. The specific flood content of the Mayor-approved DC disclosure form is corroborated by secondary sources, not by a direct fetch of the official form; hence overall 'secondary' for the flood-specific element. The statute requires the form but does not enumerate flood items in the fetched text.

Summary of District of Columbia law as of June 2026. Not legal advice.

Full District of Columbia page
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