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KY · Flood-disclosure law

Does a Kentucky seller have to disclose flooding?

Kentucky requires sellers of single-family residential property listed with a real estate licensee to complete the Seller's Disclosure of Property Condition form, and the statute requires the form to disclose whether the dwelling is located within a special flood hazard area (the FEMA flood zones in 44 C.F.R. 64.3(b)).

Kentucky 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
KRS 324.360 (form for seller's disclosure of conditions); form historically prescribed by 201 KAR 11:350 (KREC Form 402)

The 4-card answer

Kentucky 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

Kentucky requires sellers of single-family residential property listed with a real estate licensee to complete the Seller's Disclosure of Property Condition form, and the statute requires the form to disclose whether the dwelling is located within a special flood hazard area (the FEMA flood zones in 44 C.F.R. 64.3(b)).

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

KRS 324.360 (form for seller's disclosure of conditions); form historically prescribed by 201 KAR 11:350 (KREC Form 402)Primary-source verified· verified June 16, 2026

What triggers the duty

  • Sale of single-family residential real estate marketed through a real estate licensee
  • Form must be completed and signed by the seller upon execution of the listing agreement (or similar marketing agreement)
  • Required item: whether the dwelling is located within a special flood hazard area per 44 C.F.R. 64.3(b)

Penalties & remedies

Not specified as a statutory penalty in KRS 324.360; the form is based on the seller's knowledge and is not a warranty. Sellers who fail to disclose or actively conceal value-affecting defects may face common-law liability (fraud, misrepresentation, breach of contract).

Buyer remedy: Varies — common-law damages for fraud/misrepresentation or breach of contract where a seller knowingly fails to disclose or conceals defects; the disclosure is not a statutory warranty.

Opt-out gotchas

No statutory opt-out or waiver-for-credit mechanism identified. The disclosure duty (where it exists) cannot simply be bought out.

Research note ▾

KRS 324.360 text confirmed via official Kentucky Legislature (apps.legislature.ky.gov) and Justia codification (2025): the form must disclose basement/roof leakage, water supply, sewage, component systems, other matters the commission deems appropriate, AND whether the dwelling is in a special flood hazard area under 44 C.F.R. 64.3(b). Exemptions: new homes with a warranty, auction sales, court-supervised foreclosures. Note: 201 KAR 11:350 (KREC Form 402) is marked 'Repealed' in Justia's regulatory listing; the underlying statutory mandate and flood-hazard item live in KRS 324.360, which remains in force.

Buyer's rights

If you're buying in Kentucky

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

What Kentucky law gives you as a buyer

Kentucky 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. Varies — common-law damages for fraud/misrepresentation or breach of contract where a seller knowingly fails to disclose or conceals defects; the disclosure is not a statutory warranty.

KRS 324.360 (form for seller's disclosure of conditions); form historically prescribed by 201 KAR 11:350 (KREC Form 402)

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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Kentucky

Does the seller have to disclose flooding?

Disclosure required

Flood-specific disclosure

Kentucky requires sellers of single-family residential property listed with a real estate licensee to complete the Seller's Disclosure of Property Condition form, and the statute requires the form to disclose whether the dwelling is located within a special flood hazard area (the FEMA flood zones in 44 C.F.R. 64.3(b)).

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

KRS 324.360 (form for seller's disclosure of conditions); form historically prescribed by 201 KAR 11:350 (KREC Form 402)Primary-source verified· verified June 16, 2026

What triggers the duty

  • Sale of single-family residential real estate marketed through a real estate licensee
  • Form must be completed and signed by the seller upon execution of the listing agreement (or similar marketing agreement)
  • Required item: whether the dwelling is located within a special flood hazard area per 44 C.F.R. 64.3(b)

Penalties & remedies

Not specified as a statutory penalty in KRS 324.360; the form is based on the seller's knowledge and is not a warranty. Sellers who fail to disclose or actively conceal value-affecting defects may face common-law liability (fraud, misrepresentation, breach of contract).

Buyer remedy: Varies — common-law damages for fraud/misrepresentation or breach of contract where a seller knowingly fails to disclose or conceals defects; the disclosure is not a statutory warranty.

Opt-out gotchas

No statutory opt-out or waiver-for-credit mechanism identified. The disclosure duty (where it exists) cannot simply be bought out.

Research note ▾

KRS 324.360 text confirmed via official Kentucky Legislature (apps.legislature.ky.gov) and Justia codification (2025): the form must disclose basement/roof leakage, water supply, sewage, component systems, other matters the commission deems appropriate, AND whether the dwelling is in a special flood hazard area under 44 C.F.R. 64.3(b). Exemptions: new homes with a warranty, auction sales, court-supervised foreclosures. Note: 201 KAR 11:350 (KREC Form 402) is marked 'Repealed' in Justia's regulatory listing; the underlying statutory mandate and flood-hazard item live in KRS 324.360, which remains in force.

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

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