Home Buying in 02122>Question Details

Fran Worcest…, Home Buyer in Edgewater, FL

is the seller realtor who knew about a flood in the house required to tell buyers realtor (my realtor) about the flood than have to tell me?

Asked by Fran Worcester This Should Be Off The Market!!!!!!!!!!, Edgewater, FL Wed Dec 4, 2013

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11
the homeowners/seller is supposed to disclose it. And in turn, so is the agent.
0 votes Thank Flag Link Tue Jun 17, 2014
If asked they must disclose. If there was a seller's disclosure they also must disclose on that document. Seems it is time to call your real estate attorney and find out what your rights are in this scenario.

Good luck!

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0 votes Thank Flag Link Thu Dec 12, 2013
The seller needs to disclose it on the seller property information report. The listing agent must disclose if asked is the way most state laws are written. You can always call your state RE commission and ask to clarify the law in your state.
0 votes Thank Flag Link Thu Dec 5, 2013
The seller is suppose to disclose it. And so is the agent.

The golden rule should apply but does not always.
Flag Thu Dec 5, 2013
It should have been disclosed by the seller, on the property disclosure form which is completed by the seller, assuming there was a person as the seller and it was not a foreclosure. What kind of flood was it? Due to plumbing issues or roof issues? A flood is rising water coming from outside of the home.
0 votes Thank Flag Link Thu Dec 5, 2013
In short, yes .
0 votes Thank Flag Link Wed Dec 4, 2013
It really depends where the house is located. Fran, since you're in Florida...you know that many of our coastal towns flood whenever there's a hurricane surge, so in a place like Key West, many of the homes here have flooded at one time or another. It is always prudent to ask. Typically, though, the flood damage was repaired, so there's no damage at issue, just the elevation of the property and propensity to flood again. Like politics...all real estate is LOCAL, so norms vary widely. If you live in the mountains, flooding is probably a rather uncommon event, but not so in the islands!
0 votes Thank Flag Link Wed Dec 4, 2013
I agree with most of the comments below. If an agent knows about it and the seller also knew then they have to disclose any information that is known about the property that can affect the buyer.
0 votes Thank Flag Link Wed Dec 4, 2013
All good points that these guys pointed out. The seller might have not disclosed this info to his broker/agent.

Best Of Luck.
0 votes Thank Flag Link Wed Dec 4, 2013
Fran

The selling or listing agent gets their information from the seller. If that was NOT disclosed to the agent then there is nothing for the agent to share about the home. If the agent was aware of the flood then that is a totally different story as every known issue should be disclosed to a potential buyer.

Louis also made a good point about home inspections. Did your inspector uncover the issue ?
0 votes Thank Flag Link Wed Dec 4, 2013
Most sellers today provide the buyer with a sellers disclosure statement telling the buyer the condition of and what they know about the home. Many sellers agents use this form as a way to not only inform the buyer but as a way to protect themselves from liability.

Also your home inspector would in most cases be able to identify if there has been past water issues in the basement.

If water in the basement is an on going issue then yes it should of been disclosed. If it was isolated then it would not necessarily be disclosed.
0 votes Thank Flag Link Wed Dec 4, 2013
We don't have basements as a rule in Florida since we are just above sea level.
Flag Thu Dec 5, 2013
If the seller or their Realtor knew for a fact that a home had been flooded this should have been disclosed as a material fact. However a Seller may elect to simply mark the Seller Property Disclosure "No Representation" which is why I've always counseled my buyers that this form is a worthless piece of paper and it's up to them to have a home thoroughly inspected. Buyers should never and I mean never depend on the seller or their agent for information, it' why Buyers are given a diligence period in which to thoroughly inspect a property. On the flip side I advise my sellers to always be honest as if their not there's a 99.9% chance that their going to be found out at which point the buyer no longer trusts them at all and the transaction is jeopardized and all they've managed to do is waste time and make enemies.

I believe all parties to a real estate transaction should practice the Golden Rule.
0 votes Thank Flag Link Wed Dec 4, 2013
Sellers are not required to disclose according to Mass law. However, brokers are required to disclose any known material defects without being asked. If a seller is asked, they do not have to answer. If they do answer, they must answer honestly and fully.
Flag Mon Jan 20, 2014
Larry the sellers disclosure is not worthless as it does add a level of information that can be used in court in outright deceit
Flag Wed Dec 4, 2013
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