Selling a Florida House That Flooded: Disclosure Rules

Yes, you can sell a Florida house that flooded, but you must give the buyer a written flood disclosure at or before signing the contract stating whether you know of flooding that damaged the property during your ownership, filed a flood insurance claim, or received flood assistance such as FEMA aid (s. 689.302, F.S., effective October 1, 2024 and expanded October 1, 2025). Homes with documented, permitted repairs and an insurable flood profile sell; homes with unanswered questions sit or sell at a deeper discount.

Last updated November 6, 2026.

Do I have to disclose that my Florida house flooded?

Yes. Florida's flood disclosure law requires sellers of residential property to answer three flood questions in writing at or before the time the sales contract is signed.

Section 689.302 of the Florida Statutes, created by HB 1049 (ch. 2024-215, effective October 1, 2024) and expanded by SB 948 (effective October 1, 2025), requires a document titled "Flood Disclosure" that states whether the seller:

Has knowledge of any flooding that damaged the property during the seller's ownership
Has filed a claim for flood damage with an insurance provider, including the National Flood Insurance Program (NFIP)
Has received assistance for flood damage, including from the Federal Emergency Management Agency (FEMA)

The 2025 change added the first question, so the duty now covers known flood damage even if you never filed a claim (Florida Realtors, September 30, 2025; Henderson Franklin, September 29, 2025). Landlords also owe a separate flood disclosure on leases of one year or longer.

The statute is not the only duty. Under Johnson v. Davis (Fla. 1985), a Florida home seller who knows of facts that materially affect value and are not readily observable must disclose them to the buyer, and courts have held that an "as is" clause does not remove that duty (The Florida Bar Journal, June 2004).

What counts as flooding under Florida's disclosure law?

Flooding means partial or complete inundation of the property from overflowing inland or tidal waters, rapid runoff from an established water source, or sustained standing water from rainfall.

That definition comes from section 689.302 and covers storm surge, rising canals and rivers, and long-standing water after heavy rain. A roof leak from wind-driven rain is a different issue, but it is still a material fact if it damaged the home and is not visible. When in doubt, disclose and describe what happened, what was repaired, and who did the work. A clear, documented answer reads much better to a buyer than a vague one.

Does the FEMA 50% rule affect my sale?

It can. If repairs or improvements equal or exceed 50% of the structure's market value, the home must be brought up to current flood rules, which often means elevating it.

This is the substantial damage and substantial improvement rule, sometimes called the 50% rule. Substantial damage means the cost to restore a building to its pre-damage condition equals or exceeds 50% of its market value before the damage. In unincorporated Lee County, the rule applies to structures in FEMA A and V flood zones below the required elevation, and a home over the threshold must be elevated to the base flood elevation plus one foot of freeboard. Lee uses the property appraiser's building value at permit, unless the owner provides an appraisal of the structure (Lee County).

Cities set their own procedures. Cape Coral revised its substantial improvement and damage application effective July 10, 2025, accepting either an independent appraisal dated within 12 months or an adjusted tax assessment value, and requiring an appraisal for condos (City of Cape Coral). Ask the local building department for the determination letter on your home if one was issued after Ian, Helene or Milton.

Buyers care because a home that was substantially damaged and repaired without meeting the rule can have permit problems, and a home near the threshold limits what a buyer can renovate later. NFIP policyholders in high-risk areas whose homes are found substantially damaged may get up to $30,000 of Increased Cost of Compliance (ICC) coverage toward elevation, relocation or demolition (FEMA FloodSmart).

How much less is a house worth after it flooded?

There is no fixed discount. The price effect depends on how well the home was repaired and documented, its elevation and flood zone, and what buyers will pay for insurance.

I price flood-history homes from closed sales of comparable homes with and without known flood history, adjusted for:

Repair quality: permitted work, licensed contractors, and whether drywall, insulation, electrical and HVAC were replaced to code
Elevation: an elevation certificate showing the floor above base flood elevation helps insurance and price
Flood zone and insurance cost: buyers price the flood premium into their payment
Substantial damage status: a clean determination letter removes a big question
Market conditions: single-family homes across the eight MLS areas took a median 54 days to go under contract in October 2026 and 49.4% of sales closed after a price reduction (Cameron Smith analysis of MLS data, October 2026), so buyers have options

An unanswered question costs more than a known fact. A buyer who sees a claim with no repair records assumes the worst.

Price reductions and time on market cost the most when a home starts high, with single-family homes that took more than 90 days to reach a contract selling at a median 88.9% of original list over the past 12 months, versus 97.7% within 30 days.

MLS snapshot, all eight areas
Metric	Single-family Oct 2026	Single-family 12 months	Condo Oct 2026	Condo 12 months
Median sale price	$470,000	$475,000	$366,250	$395,000
Median days list to contract	54	57	60.5	72
Sale price vs original list	94.7%	94.2%	93.4%	91.5%
Sales with a price reduction	49.4%	52.6%	43.9%	53.3%
Cash sales	35.1%	35.0%	69.1%	66.3%
Months of supply	5.1	5.1	6.4	6.4

Source: Cameron Smith analysis of Southwest Florida MLS data, pulled November 6, 2026.

Sale price vs original list by days to contract, 12 months to October 2026
Days from listing to contract	Single-family sales	Single-family sale vs original list	Condo sales	Condo sale vs original list
0 to 30 days	5,320	97.7%	2,258	96.3%
31 to 60 days	2,898	94.7%	1,269	93.0%
61 to 90 days	2,047	93.2%	984	91.1%
Over 90 days	5,612	88.9%	3,323	85.7%

Source: Cameron Smith analysis of Southwest Florida MLS data, pulled November 6, 2026.

How these numbers were measured. Figures come from closed MLS sales and listings in Southwest Florida MLS, pulled November 6, 2026. Each city follows the MLS City field. Estero includes Miromar Lakes, Fort Myers covers only the city limits and downtown MLS areas (unincorporated Fort Myers mailing addresses are left out), and Naples is the Naples postal city on the Collier mainland, with Marco Island counted separately. Single-family means detached homes and detached villas that are not condo owned. Condo and townhouse covers condo-owned units in low, mid and high rise buildings, attached villas and townhouses. Manufactured homes, co-ops, timeshares, land and rentals are excluded. Sales under $20,000 or below 50% or above 150% of list price were dropped, and sales entered after the fact without MLS marketing count toward prices but not toward days or sale-to-list figures. Days list to contract runs from the listing date to the first pending date. Months of supply is active listings at period end divided by average monthly closed sales over the prior 12 months. Flood zone is not in the MLS export, so any flood zone figures on this page come from FEMA or county sources. The MLS export has no flood history field, so sales with and without disclosed flood history could not be compared.

Should I repair, sell as-is, or sell to an investor?

Repair and list if the numbers work, list as-is if repairs are uncertain, and take an investor offer when speed matters more than price.

Path	Best when	What to expect
Repair fully, then list	Damage is moderate, under the 50% threshold, and you can fund the work	Widest buyer pool, including financed buyers; needs permits and records
List as-is on the MLS	Repairs are partial or the home is near the 50% line	Mostly cash and renovation buyers; price reflects repair cost and risk
Sell to an investor or cash buyer directly	You need speed or certainty, or the home is uninhabitable	Fastest close; usually the lowest price; disclosure duties still apply

Listing as-is on the MLS still exposes your home to many cash buyers competing with each other, which an off-market offer does not. For more, read selling a house as-is.

What documents should I gather before listing?

Gather everything that shows what happened, what was fixed, who fixed it, and that it passed inspection. Those records do more for your price than any marketing.

Flood Disclosure form under s. 689.302, completed accurately
Insurance claim files, including NFIP claims and adjuster reports
FEMA or other assistance letters
Building permits and final inspections for repairs
Contractor invoices, licenses and warranties
Any substantial damage determination letter from the county or city
Elevation certificate, if you have one
Mold remediation and clearance reports, if applicable
Current flood and homeowners insurance declarations

When I take a flood-history listing, I review this file with the seller before we go live and summarize it in a one-page buyer packet.

How will a buyer get flood insurance on a house that flooded?

Many buyers can take over the seller's NFIP policy, and others shop new coverage. Either way, a quote before the offer keeps the deal together.

FEMA says an NFIP building policy can be transferred to the buyer when a home sells (FEMA FloodSmart, March 2024). That can help when the current premium is lower than a new quote. Lenders require flood insurance in high-risk zones, and starting January 1, 2027, Citizens requires flood coverage on all personal residential policies with wind coverage, regardless of value or zone, with flood limits at least equal to the dwelling coverage, or the NFIP building maximum of $250,000 if that is lower (Citizens Property Insurance). Share your declarations page and elevation certificate early so buyers can get quotes in the first days of the inspection period. Buyers will read our flood insurance guide too.

Does selling as-is protect me from flood disclosure?

No. An as-is contract limits your repair obligations, but it does not remove the statutory flood disclosure or your duty to disclose known hidden defects.

Section 689.302 applies to residential sales regardless of contract form, and Florida courts have held that there is no "as is" exception to the Johnson v. Davis disclosure duty (The Florida Bar Journal, June 2004). Accurate disclosure protects you after closing. Ask a Florida real estate attorney to review your answers if your situation is complicated, such as partial claims, repairs by a prior owner or common-element flooding in a condo.

Frequently asked questions

Do I have to tell buyers my house flooded in Florida?

Yes. Section 689.302 requires a written Flood Disclosure at or before contract stating whether you know of flooding that damaged the property during your ownership, filed a flood insurance claim including NFIP, or received flood assistance including FEMA. The duty took effect October 1, 2024 and was expanded October 1, 2025. Florida case law also requires disclosure of known hidden defects.

Do I have to disclose flooding that happened before I owned the house?

The statutory flood question covers flooding that damaged the property during your ownership, plus claims you filed and assistance you received. If you know of earlier flooding that materially affects value and is not readily observable, Johnson v. Davis may still require disclosure. When in doubt, disclose what you know and how you know it, and ask a real estate attorney.

What is the 50% rule in Lee County?

If the cost of repairs or improvements equals or exceeds 50% of a structure's market value, the building must meet current flood rules, which in unincorporated Lee County means elevating to base flood elevation plus one foot. It applies in FEMA A and V zones to structures below the required elevation. Lee uses the property appraiser's building value unless you provide an appraisal.

Can I sell a flooded house without repairing it?

Yes. Many owners list as-is on the MLS or sell directly to a cash buyer. You still owe the flood disclosure and must disclose known hidden defects. Buyers will price in repair costs and the risk of a substantial damage determination, so a contractor estimate and any determination letter from the building department help you get a fair price.

Can the buyer take over my flood insurance policy?

Often, yes. FEMA FloodSmart says an NFIP building policy can be transferred to the new buyer when a home sells, which can help if your premium is lower than a new quote. A policy cannot follow you to a different home. Share your declarations page and elevation certificate early so the buyer and lender can decide.

What is Increased Cost of Compliance coverage?

Increased Cost of Compliance, or ICC, is NFIP coverage of up to $30,000 to help bring a substantially damaged or repetitively damaged building into compliance with flood rules, through elevation, relocation, demolition or floodproofing, per FEMA FloodSmart. The community must make the damage determination when you apply for a permit. It is adjusted separately from your flood damage claim.

Will Citizens require flood insurance for buyers of my home?

If the buyer insures with Citizens, yes, starting January 1, 2027 for all personal residential policies with wind coverage, regardless of value or flood zone, per Citizens Property Insurance. Flood limits must at least equal the dwelling limit, or the $250,000 NFIP building maximum if lower. Condo unit-owner policies are exempt. Lenders separately require flood coverage in high-risk zones.

Talk to Cameron

If your home took on water, I start with the file: disclosure answers, claims, permits, contractor records, elevation certificate and any substantial damage letter. Then I price your home from closed sales of comparable homes with and without flood history, and prepare a buyer packet so the questions are answered before the first showing. Call or text me at (239) 940-2101, or send me your address. Related: selling in Cape Coral, waterfront homes and why a house is not selling.

Cameron Smith, eXp Realty LLC. Florida Sales Associate, license SL3246540. In real estate full time since 2009 and a second-generation agent. This page is general information, not legal, insurance or engineering advice. Disclosure duties depend on your facts, and substantial damage determinations are made by the local building official. Confirm your disclosure answers with a Florida real estate attorney, permit and elevation questions with your county or city building department, and coverage with your insurer.

Sources

Southwest Florida area guides

Naples Cape Coral Fort Myers Bonita Springs Marco Island

Selling a Florida House That Flooded: Disclosure, the 50% Rule and Pricing