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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 | 1361 views | Buying | Created 4 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.
Jason Craig

Coldwell Banker

In every state the seller is obligated to disclose known material defects. Past or present water intrusion, leaking roofs or basements, and flood damage are considered material. Many states, including Florida, have a written seller’s disclosure form that specifically asks about water issues and require a separate flood disclosure if the property is in a designated flood zone. So the short answer is: yes, a homeowner who knows about water problems must tell you.

As a buyer, you can take additional steps to ensure the house is dry:
• Hire an experienced home inspector and ask them to pay extra attention to moisture, drainage, and signs of previous repairs.
• Review the seller’s property disclosure carefully and follow up with specific questions about any water or insurance claims.
• Order a CLUE (Comprehensive Loss Underwriting Exchange) report, if available, to see the homeowner’s past insurance claims. Some sellers will provide one.
• Check FEMA flood maps and local GIS to see if the property is in a flood zone, and research the cost of flood insurance.
• Walk the property after heavy rain to look for standing water, and consider having a drainage contractor or structural engineer take a look if you have concerns.

Working with a local real estate agent and inspector who know the area and typical water issues will help you avoid surprises. No house is completely risk‑free, but due diligence and full disclosure are your best protections.
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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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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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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12 Answers
Tyler Tapley

Crye-Leike

(320)

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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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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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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