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ME · Flood-disclosure law

Does a Maine seller have to disclose flooding?

Maine requires sellers of residential property (1-4 units) to give a written property disclosure statement, and as of a 2023 law (P.L. 2023, c. 585 / L.D. 2035) it must include specific flood-hazard information (FEMA special flood hazard area / flood zone, flood events, flood-related damage, flood insurance claims, and disaster aid received during ownership).

Maine 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
33 M.R.S. § 173 (flood-hazard disclosure added by P.L. 2023, c. 585; L.D. 2035)

The 4-card answer

Maine 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

Maine requires sellers of residential property (1-4 units) to give a written property disclosure statement, and as of a 2023 law (P.L. 2023, c. 585 / L.D. 2035) it must include specific flood-hazard information (FEMA special flood hazard area / flood zone, flood events, flood-related damage, flood insurance claims, and disaster aid received during ownership).

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

33 M.R.S. § 173 (flood-hazard disclosure added by P.L. 2023, c. 585; L.D. 2035)Primary-source verified· verified June 16, 2026

What triggers the duty

  • Transfer of residential real property of 1 to 4 dwelling units
  • Not exempt under 33 M.R.S. § 172 (e.g., certain court-ordered, estate, or transfers between co-owners/relatives)

Penalties & remedies

Not specified by statute (33 M.R.S. § 173 contains no explicit penalty; liability arises through common-law misrepresentation and the buyer's contractual remedies)

Buyer remedy: Varies — buyer's remedies derive from contract and common-law misrepresentation/fraud; the disclosure statute itself does not enumerate a damages remedy

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 ▾

Codified statute text confirmed via Maine Legislature primary source: § 173 flood-hazard subsection requires disclosure of (a) whether property is wholly/partly in a FEMA special flood hazard area with the designated flood zone and a copy of the relevant FIRM panel, and (b) during seller's ownership: flood events, flood-related structural damage, flood insurance claims (with dates), and flood-recovery disaster aid received (with dates). Flood provision enacted by L.D. 2035 / P.L. 2023, c. 585 (chaptered April 2024). Exact statewide effective date not pinned to a specific calendar day from sources reviewed; requirement appears in the 2025 codified statute, so it is in force. Disclosure scheme: 33 M.R.S. §§ 171-178.

Buyer's rights

If you're buying in Maine

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

What Maine law gives you as a buyer

Maine 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 — buyer's remedies derive from contract and common-law misrepresentation/fraud; the disclosure statute itself does not enumerate a damages remedy

33 M.R.S. § 173 (flood-hazard disclosure added by P.L. 2023, c. 585; L.D. 2035)

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

Maine

Does the seller have to disclose flooding?

Disclosure required

Flood-specific disclosure

Maine requires sellers of residential property (1-4 units) to give a written property disclosure statement, and as of a 2023 law (P.L. 2023, c. 585 / L.D. 2035) it must include specific flood-hazard information (FEMA special flood hazard area / flood zone, flood events, flood-related damage, flood insurance claims, and disaster aid received during ownership).

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

33 M.R.S. § 173 (flood-hazard disclosure added by P.L. 2023, c. 585; L.D. 2035)Primary-source verified· verified June 16, 2026

What triggers the duty

  • Transfer of residential real property of 1 to 4 dwelling units
  • Not exempt under 33 M.R.S. § 172 (e.g., certain court-ordered, estate, or transfers between co-owners/relatives)

Penalties & remedies

Not specified by statute (33 M.R.S. § 173 contains no explicit penalty; liability arises through common-law misrepresentation and the buyer's contractual remedies)

Buyer remedy: Varies — buyer's remedies derive from contract and common-law misrepresentation/fraud; the disclosure statute itself does not enumerate a damages remedy

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 ▾

Codified statute text confirmed via Maine Legislature primary source: § 173 flood-hazard subsection requires disclosure of (a) whether property is wholly/partly in a FEMA special flood hazard area with the designated flood zone and a copy of the relevant FIRM panel, and (b) during seller's ownership: flood events, flood-related structural damage, flood insurance claims (with dates), and flood-recovery disaster aid received (with dates). Flood provision enacted by L.D. 2035 / P.L. 2023, c. 585 (chaptered April 2024). Exact statewide effective date not pinned to a specific calendar day from sources reviewed; requirement appears in the 2025 codified statute, so it is in force. Disclosure scheme: 33 M.R.S. §§ 171-178.

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

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