Do You Have to Disclose Hurricane or Flood Damage When Selling a Florida Home?

Yes. Florida law requires sellers to disclose known flood damage, flood insurance claims, and flood-related assistance on a specific written form before a buyer signs a contract, and separate case law requires disclosure of essentially any other known material defect, including hurricane damage, whether or not it was ever tied to an insurance claim. Selling a home "as-is" does not remove this obligation. With hurricane season running through the end of November, this is one of the most consequential legal questions a Florida seller can get wrong.

I'm CC Underwood, working with buyers and sellers across Jacksonville and St. Johns County, FL, and disclosure is one of the first things I walk every seller through, because getting it wrong can follow you well past closing.

What exactly does Florida's flood disclosure law require?

Florida Statute 689.302, created in 2024, requires sellers of residential property to complete a written flood disclosure, commonly called the FD-1 form, at or before the time the sales contract is signed. As originally written, it required sellers to say whether they'd filed an insurance claim for flood damage and whether they'd received federal assistance, such as FEMA aid, for flood damage. Effective October 1, 2025, the law was expanded: sellers must now also disclose any flood damage that occurred during their ownership, even if no insurance claim was ever filed, and the assistance disclosure now covers state, local, and private flood assistance, not just federal.

Does this only apply to hurricanes and storm surge?

No, and this is where sellers commonly get it wrong. Florida's statute defines flooding broadly, covering general water intrusion and drainage problems, not just named storms or coastal surge. That means a property doesn't have to be in a FEMA-designated flood zone, and the damage doesn't have to be hurricane-related, for the disclosure duty to apply. A history of standing water in the yard, a wet garage after heavy rain, or a drainage issue in an older neighborhood can all trigger the requirement if the seller has knowledge of it.

Does "selling as-is" get me out of disclosing?

No. An as-is sale means the buyer accepts the property's current condition and isn't asking the seller to make repairs, it does not waive Florida's affirmative duty to disclose known material defects. This goes back to the 1985 Florida Supreme Court case Johnson v. Davis, which established that sellers must disclose facts they know that materially affect the property's value and aren't obvious to the buyer on a normal walkthrough. Florida Statute 475.278 places a similar duty on real estate agents. Combined with the flood-specific statute, this means an as-is Florida seller still has real, enforceable disclosure obligations, they're just not obligated to fix anything.

What if I never filed an insurance claim, do I still have to disclose damage?

Yes, as of the October 2025 expansion. This is probably the most commonly missed update among sellers who assume the rule only covers claims. If you know your home flooded, took on water, or sustained storm damage during your ownership, that has to go on the disclosure whether or not you ever filed a claim or received assistance for it. Many sellers who paid out of pocket for repairs, precisely to avoid a claim showing up on a report, are still required to disclose the underlying event.

What happens if a seller doesn't disclose known damage?

Real exposure, not just a theoretical risk. A buyer who later discovers undisclosed flood or material damage can pursue legal recourse for fraudulent misrepresentation or failure to disclose, which can include rescinding the sale or seeking damages, and that liability can extend to the seller's real estate agent and broker if they also knew and stayed quiet. Florida courts have held sellers accountable for concealment even years after closing. This isn't a box to check quickly before signing, it's a legal document with real consequences attached to getting it wrong.

Is there one official Florida disclosure form I have to use?

For flood disclosure specifically, yes, the FD-1 form is the statutory requirement. For the broader category of material defects, roof condition, plumbing, electrical, prior pest damage, and so on, Florida doesn't mandate a single state form, but the FAR/BAR Seller's Property Disclosure form is the industry standard and what most transactions use in practice. Florida also separately requires a radon gas disclosure statement on residential contracts and lead-based paint disclosure for homes built before 1978, so a thorough seller's disclosure typically bundles several distinct legal requirements into one packet, not just flood history.

What should sellers actually do with this?

Write down anything you'd want to know if you were the buyer, even if you think it's minor, resolved, or unlikely to come up. A clear disclosure paper trail is what actually protects a seller from a lawsuit after closing, not vague or incomplete answers. If your home has any history of water intrusion, storm damage, or insurance activity, however small, talk to your agent about it before you list, not after you're already under contract and a buyer's inspector finds something you didn't mention.

FAQ

Do Florida sellers have to disclose flood damage? Yes. Florida Statute 689.302 requires a written flood disclosure form (FD-1) at or before the sales contract is signed, covering flood insurance claims, flood assistance received, and, as of October 2025, any known flood damage regardless of whether a claim was filed.

Does Florida's flood disclosure law only apply to hurricane-related flooding? No. The statute defines flooding broadly to include general water intrusion and drainage issues, not just hurricanes or storm surge, and applies even to properties outside FEMA-designated flood zones.

If I sell my Florida home as-is, do I still have to disclose problems? Yes. An as-is sale means the buyer accepts the property's condition and isn't requesting repairs; it does not waive Florida's legal duty to disclose known material defects, which comes from both statute and the Johnson v. Davis case law.

Do I have to disclose flood damage even if I never filed an insurance claim? Yes, since the law was expanded effective October 1, 2025. Known flood damage must be disclosed whether or not a claim was ever filed or assistance received.

What happens if a Florida seller fails to disclose known damage? The buyer may have legal recourse, including contract rescission or a lawsuit for damages, based on fraudulent misrepresentation or failure to disclose. Liability can extend to the seller's real estate agent and broker if they also had knowledge.

Is there a single official disclosure form required in Florida? For flood-specific disclosure, yes, the FD-1 form is statutorily required. For general material defects, there's no single mandated state form, but the FAR/BAR Seller's Property Disclosure form is the standard used in most transactions.

Does Florida require any other disclosures besides flood and general defects? Yes. Florida also requires a radon gas disclosure statement on residential sales contracts and federally mandated lead-based paint disclosure for homes built before 1978.

CC Underwood, Selling with CC | Real Broker, LLC | Jacksonville & St. Johns County, FL | 904-304-7005 | CC@sellingwithcc.com

This is general information, not legal advice. Consult a Florida real estate attorney for guidance specific to your transaction.