Florida's Seller Flood Disclosure: What Sellers Must Tell Buyers


Roger Verghese
CEO & Founder, Warehouse Company Holdings
Roger is CEO, Founder & Licensed Title Agent of Title Warehouses of America Inc (est. 2006). With 50+ years of combined experience in Title Services, Real Estate, Lending, and Insurance, he understands every aspect of the home closing process from contract to keys. A 30+ year Central Florida resident, Roger helps Orlando families navigate title insurance and closing services with expertise and transparency.
Florida requires sellers of residential property to tell buyers about past flooding before the contract is signed. The form is short, but it matters to buyers deciding on flood insurance and to sellers who want a clean transaction.
This is general information, not legal advice.
Who Must Provide It and When
Under section 689.302, Florida Statutes, a seller of residential real property must complete and give the buyer a flood disclosure at or before the time the sales contract is executed. Sellers usually provide it with their other disclosures when a contract is being prepared.
What the Form Asks
The current form opens with a notice that homeowners insurance does not cover flood damage and encourages the buyer to talk to an insurance agent about flood coverage. The seller then answers three questions:
- Knowledge of flooding. Does the seller know of any flooding that damaged the property during their ownership?
- Insurance claims. Has the seller filed a claim with an insurance provider for flood damage, including with the National Flood Insurance Program?
- Assistance. Has the seller received assistance for flood damage, including from FEMA?
The form defines flooding as a general or temporary condition of partial or complete inundation caused by overflowing inland or tidal waters, unusual and rapid runoff or surface water from an established source, or sustained standing water from rainfall.
How the Law Changed
The disclosure law was created in 2024 and updated effective October 1, 2025. The update added the question about the seller's knowledge of flood damage, so sellers now disclose known flooding even if no insurance claim was filed. The same 2025 law added flood disclosure requirements for condominium sales and for landlords on leases of one year or longer.
Tips for Sellers
- Answer accurately. Check your insurance and assistance records before you complete the form.
- Provide it early. Give it to your agent before listing so it is ready when an offer comes in.
- Keep repair records. If the property flooded and was repaired, documentation helps buyers understand what was done.
Tips for Buyers
- Read it before signing. You should receive it at or before contract signing.
- Ask follow-up questions about any yes answer, including repairs and dates.
- Get flood insurance quotes early. Check the property's flood zone and talk to an insurance agent during your inspection period, especially if you are financing.
Where the Title Company Fits
The flood disclosure is between seller and buyer, but it often comes up as the contract moves to closing. Title Warehouses of America handles closings across Florida from our Orlando office. If you are buying or selling, call (888) 354-8005 or get an instant quote.
