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Does the home seller need to disclose water issues?

Hi,

Does the home seller need to disclose water issues, flooding, or leaking? Our first home had water issues, and we don't want to ever deal with that again. What can we do to ensure that we buy a dry house?
Asked By Crystal | Destin, FL | 1271 views | Buying | 3 months ago
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Jennifer Jefcoat

Epique Realty

(45)

Yes, as of October 1, 2024, Florida law requires any flooding must be disclosed by the seller prior to a sales contract being signed.
Per Florida Statute 689.302 sellers must include whether they have filed a claim with an insurance provider for Flood Damage. The sellers must also state whether the seller has received any federal assistance including assistance from FEMA for flood damage to the property.
Dione Collier-Larkin

Adair Realty, Inc.

(65)

Great question—and yes, in Florida, sellers are legally required to disclose any known material defects, including past or present water intrusion, flooding, or leaks. Florida also has a mandatory Flood Disclosure form that must be provided during the sale if the property is in a designated flood zone or has known flood history.

That said, sellers don’t always know (or disclose) everything—so as a buyer, there are a few things you can do to protect yourself:
✅ Hire a reputable home inspector and ask them to specifically check for signs of water damage or moisture issues.
✅ Request a CLUE report (claims history) if the seller is willing to provide one.
✅ Check FEMA flood maps and consider ordering an elevation certificate.
✅ Ask the seller directly about any prior insurance claims or drainage problems.

Buying a home that’s high and dry starts with asking the right questions—and working with an experienced local agent who knows what to look for.
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Semi-Pro
45 Answers
Amanda Courtney

REP Realty Group

(8)

Yes, in Florida, sellers are legally required to disclose known property defects, including past or present water damage, leaks, flooding, or mold. Full disclosure protects you from potential lawsuits and builds trust with buyers. Even if the issue has been repaired, it’s best to document the work and provide proof. A transparent disclosure helps avoid deal delays and keeps you compliant with Florida real estate law. Buyers appreciate honesty—and it often results in a smoother closing process.
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Rising Star
15 Answers
Bill Bambrick

William Bambrick, P.A.

(7)

This is not a question, as an known material fact that effects a home value must be disclosed. Water flood or leaks are scary and costly for buyers. Get a pre-listing inspection first, you don't have to share this report with anyone. Any lender underwriter won't fund a loan if there is signs of water damage, leaks, or mold. It will need to be repaired by a licensed professional to ensure you have taken the steps to ensure no further issues will happen. A home inspector will use a moisture meter as part of the inspection. A moisture meter is used to measure the percentage of water in a material. The inspector can use it to test the roof decking, support beams, pillars, and other elements for their moisture content. It’s common to find areas on the roof where the flashing and roof covering are in less-than-optimal shape. In these areas of questionable maintenance and integrity, if certain areas are suspected of leaking, the moisture meter can be used to clarify their true condition.
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Rising Star
14 Answers
Anna Wiseman

RE/MAX Lifestyle

(13)

In NC yes, they should disclose this, but I would definitely get a home inspection either way
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Rising Star
12 Answers
Tyler Tapley

Crye-Leike

(319)

Depends on the state. In general it is best to disclose, disclose, disclose. You should talk to a real estate agent (and possibly more than one) to confirm. Perhaps even a broker or closing attorney.
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Rising Star
11 Answers
Tatevik Hovhannisyan

RE/MAX Optima

(5)

Yes, in most states, including Florida, sellers are required to disclose known water issues like flooding, leaks, or damage. However, they might not always know everything, so it’s important to protect yourself.

To make sure you’re buying a dry house, always get a thorough home inspection that includes checking for water damage and mold. You can also consider a specialty inspection for plumbing and drainage.
If you’re worried, ask your agent to help review disclosures carefully and negotiate repairs or credits if issues come up.
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Rising Star
11 Answers
Johnny Sarkis

Keller Williams Solutions

(41)

Yes, sellers must disclose known water issues in most states. The safest path is to protect yourself with inspections, direct questions, and flood history checks before buying.
Tammy Jackson

KM Realty Group LLC

Yes, home sellers should always disclose water issues. It’s important for buyer safety, avoids legal trouble, and builds trust in the sale.
Pennie Arneson

eXp Realty, LLC

(9)

In Florida you are required to disclose. We have Flood Disclosure and Seller Disclosure forms.
Erin Rison

Charles Rutenberg Realty Orlando

(13)

Yes, the seller in Florida should always disclose any water damage, leaks, or flood issues. However, you shouldn't rely on their disclosure alone. It could be a situation of a vacant property, or new leak of which the current owner isn't aware, or it could be an investment property where the renters haven't told the owner about problems. Regardless of the situation, you should always have a thorough home inspection done. It's worth every penny. Check with your realtor for recommendations on reputable inspectors in the area. It could save you a ton of money and offer peace of mind.

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