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PA · Flood-disclosure law

Does a Pennsylvania seller have to disclose flooding?

Pennsylvania's Real Estate Seller Disclosure Law (68 Pa.C.S. Ch. 73) requires sellers of residential property (1-4 dwelling units) to complete the State Real Estate Commission's property disclosure statement, which contains specific questions about flood zones, wetlands, and past/present drainage or flooding problems. Disclosure is limited to material defects known to the seller; there is no duty to inspect.

Pennsylvania 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
68 Pa.C.S. §§ 7301-7314 (Real Estate Seller Disclosure Law); disclosure-statement form per 49 Pa. Code / State Real Estate Commission

The 4-card answer

Pennsylvania 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

Pennsylvania's Real Estate Seller Disclosure Law (68 Pa.C.S. Ch. 73) requires sellers of residential property (1-4 dwelling units) to complete the State Real Estate Commission's property disclosure statement, which contains specific questions about flood zones, wetlands, and past/present drainage or flooding problems. Disclosure is limited to material defects known to the seller; there is no duty to inspect.

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

68 Pa.C.S. §§ 7301-7314 (Real Estate Seller Disclosure Law); disclosure-statement form per 49 Pa. Code / State Real Estate CommissionPrimary-source verified· verified June 16, 2026

What triggers the duty

  • Transfer of residential real property of 1 to 4 dwelling units
  • Seller has actual knowledge of a flood zone/wetlands location or past/present drainage or flooding problem (no duty to investigate)

Penalties & remedies

A seller who negligently violates or fails to perform a duty under the chapter is liable for the buyer's actual damages (68 Pa.C.S. 7311). The chapter also provides a buyer cause of action (68 Pa.C.S. 7314). No fixed statutory fine; liability is measured by actual damages.

Buyer remedy: Buyer may recover actual damages caused by the seller's negligent failure to disclose a known material defect; civil cause of action available under the chapter (68 Pa.C.S. 7311/7314). Disclosure form must be delivered before the agreement of sale is signed.

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 ▾

Flood-specific disclosure-form questions confirmed verbatim from the PA Code & Bulletin (State Real Estate Commission form): item 13(iv) 'is this property or part of it located in a flood zone or wetlands area?'; item 13(v) past/present drainage or flooding problems; item 4 sump-pump/basement-water. Statute structure (Ch. 73, knowledge-based standard, actual-damages remedy, fiduciary/new-construction exclusions) confirmed via official PA legislature PDF and secondary sources. Exact section numbers for the damages remedy (7311 vs 7314) and excluded transactions (7303) were not parsed from codified text directly (official PDF not text-extractable here), so treat individual section numbers as high-confidence-but-not-line-verified; the form-level flood disclosure obligation is verified.

Buyer's rights

If you're buying in Pennsylvania

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

What Pennsylvania law gives you as a buyer

Pennsylvania 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. Buyer may recover actual damages caused by the seller's negligent failure to disclose a known material defect; civil cause of action available under the chapter (68 Pa.C.S. 7311/7314). Disclosure form must be delivered before the agreement of sale is signed.

68 Pa.C.S. §§ 7301-7314 (Real Estate Seller Disclosure Law); disclosure-statement form per 49 Pa. Code / State Real Estate Commission

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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Pennsylvania

Does the seller have to disclose flooding?

Disclosure required

Flood-specific disclosure

Pennsylvania's Real Estate Seller Disclosure Law (68 Pa.C.S. Ch. 73) requires sellers of residential property (1-4 dwelling units) to complete the State Real Estate Commission's property disclosure statement, which contains specific questions about flood zones, wetlands, and past/present drainage or flooding problems. Disclosure is limited to material defects known to the seller; there is no duty to inspect.

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

68 Pa.C.S. §§ 7301-7314 (Real Estate Seller Disclosure Law); disclosure-statement form per 49 Pa. Code / State Real Estate CommissionPrimary-source verified· verified June 16, 2026

What triggers the duty

  • Transfer of residential real property of 1 to 4 dwelling units
  • Seller has actual knowledge of a flood zone/wetlands location or past/present drainage or flooding problem (no duty to investigate)

Penalties & remedies

A seller who negligently violates or fails to perform a duty under the chapter is liable for the buyer's actual damages (68 Pa.C.S. 7311). The chapter also provides a buyer cause of action (68 Pa.C.S. 7314). No fixed statutory fine; liability is measured by actual damages.

Buyer remedy: Buyer may recover actual damages caused by the seller's negligent failure to disclose a known material defect; civil cause of action available under the chapter (68 Pa.C.S. 7311/7314). Disclosure form must be delivered before the agreement of sale is signed.

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 ▾

Flood-specific disclosure-form questions confirmed verbatim from the PA Code & Bulletin (State Real Estate Commission form): item 13(iv) 'is this property or part of it located in a flood zone or wetlands area?'; item 13(v) past/present drainage or flooding problems; item 4 sump-pump/basement-water. Statute structure (Ch. 73, knowledge-based standard, actual-damages remedy, fiduciary/new-construction exclusions) confirmed via official PA legislature PDF and secondary sources. Exact section numbers for the damages remedy (7311 vs 7314) and excluded transactions (7303) were not parsed from codified text directly (official PDF not text-extractable here), so treat individual section numbers as high-confidence-but-not-line-verified; the form-level flood disclosure obligation is verified.

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

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