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WY · Flood-disclosure law

Does a Wyoming seller have to disclose flooding?

Wyoming has no statute requiring a seller property-condition disclosure form and no statutory flood-disclosure requirement; it is a caveat emptor (buyer-beware) state. Sellers may not actively conceal known defects or commit fraudulent misrepresentation, and under Wyo. Stat. § 33-28-303 a real estate licensee must disclose to a prospective buyer all adverse material facts actually known by the licensee. Any seller flood disclosure is voluntary.

Wyoming at a glance

Buyer-beware (caveat emptor)

No mandatory statutory seller disclosure. Common-law duties apply — the seller can't actively conceal or misrepresent a known defect, and must answer a direct question honestly.

DisclosureNot required by statute
Opt-outYes — caution
Primary-source verified· verified June 16, 2026

The 4-card answer

Wyoming 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?

No statutory disclosure

Buyer-beware (caveat emptor)

Wyoming has no statute requiring a seller property-condition disclosure form and no statutory flood-disclosure requirement; it is a caveat emptor (buyer-beware) state. Sellers may not actively conceal known defects or commit fraudulent misrepresentation, and under Wyo. Stat. § 33-28-303 a real estate licensee must disclose to a prospective buyer all adverse material facts actually known by the licensee. Any seller flood disclosure is voluntary.

No mandatory statutory seller disclosure. Common-law duties apply — the seller can't actively conceal or misrepresent a known defect, and must answer a direct question honestly.

What triggers the duty

  • Common-law duty triggered by active concealment or fraudulent misrepresentation of a known defect
  • Statutory licensee (agent) duty to disclose known adverse material facts under § 33-28-303

Penalties & remedies

No statutory penalty for seller flood non-disclosure. Liability arises under common-law fraud/misrepresentation; licensees face regulatory/civil exposure under § 33-28-303 for failing to disclose known adverse material facts.

Buyer remedy: Common-law remedies (rescission, damages) for fraud/active concealment; no statutory rescission window for sellers.

Opt-out gotchas

An opt-out / waiver exists. 'As is' sales are permitted; they do not shield active concealment or fraud, nor the licensee's § 33-28-303 duty.

Research note ▾

No Wyoming seller-disclosure-form or flood-disclosure statute exists (verified by absence; multiple legal sources agree, and Wyoming is caveat emptor). § 33-28-303 imposes a duty on real estate licensees (agents), not directly on sellers; cited for completeness. source_url is the official Wyoming Legislature codified Title 33 PDF (wyoleg.gov); § 33-28-303 'Seller's agent engaged by seller' was directly extracted and confirmed from that primary source — subsection (a)(iii)(C) requires the licensee 'To disclose to the seller adverse material facts actually known by the licensee,' and the section sets out the licensee's (agent's) duties, not a seller property-condition/flood disclosure. 'Verified' refers to both the licensee-duty statute (primary source confirmed) and the absence of a seller mandate / caveat-emptor rule. Note: wyoleg.gov serves the full codified Title 33 as one PDF (no per-section deep link); § 33-28-303 is within Chapter 28, Article 3.

Buyer's rights

If you're buying in Wyoming

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

What Wyoming law gives you as a buyer

Wyoming does not mandate a seller flood-disclosure form, so the steps below matter even more here. You generally still have a claim if the seller actively concealed a known defect or answered a direct question falsely — but the burden is on you to ask and to investigate.

Watch the opt-out: 'As is' sales are permitted; they do not shield active concealment or fraud, nor the licensee's § 33-28-303 duty.

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

Wyoming

Does the seller have to disclose flooding?

No statutory disclosure

Buyer-beware (caveat emptor)

Wyoming has no statute requiring a seller property-condition disclosure form and no statutory flood-disclosure requirement; it is a caveat emptor (buyer-beware) state. Sellers may not actively conceal known defects or commit fraudulent misrepresentation, and under Wyo. Stat. § 33-28-303 a real estate licensee must disclose to a prospective buyer all adverse material facts actually known by the licensee. Any seller flood disclosure is voluntary.

No mandatory statutory seller disclosure. Common-law duties apply — the seller can't actively conceal or misrepresent a known defect, and must answer a direct question honestly.

What triggers the duty

  • Common-law duty triggered by active concealment or fraudulent misrepresentation of a known defect
  • Statutory licensee (agent) duty to disclose known adverse material facts under § 33-28-303

Penalties & remedies

No statutory penalty for seller flood non-disclosure. Liability arises under common-law fraud/misrepresentation; licensees face regulatory/civil exposure under § 33-28-303 for failing to disclose known adverse material facts.

Buyer remedy: Common-law remedies (rescission, damages) for fraud/active concealment; no statutory rescission window for sellers.

Opt-out gotchas

An opt-out / waiver exists. 'As is' sales are permitted; they do not shield active concealment or fraud, nor the licensee's § 33-28-303 duty.

Research note ▾

No Wyoming seller-disclosure-form or flood-disclosure statute exists (verified by absence; multiple legal sources agree, and Wyoming is caveat emptor). § 33-28-303 imposes a duty on real estate licensees (agents), not directly on sellers; cited for completeness. source_url is the official Wyoming Legislature codified Title 33 PDF (wyoleg.gov); § 33-28-303 'Seller's agent engaged by seller' was directly extracted and confirmed from that primary source — subsection (a)(iii)(C) requires the licensee 'To disclose to the seller adverse material facts actually known by the licensee,' and the section sets out the licensee's (agent's) duties, not a seller property-condition/flood disclosure. 'Verified' refers to both the licensee-duty statute (primary source confirmed) and the absence of a seller mandate / caveat-emptor rule. Note: wyoleg.gov serves the full codified Title 33 as one PDF (no per-section deep link); § 33-28-303 is within Chapter 28, Article 3.

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

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