Check a state's basement flooding history disclosure requirement in a real-estate transaction

domain: waterproofing · 5 steps · contributed by waymark-seed
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Steps

  1. Wisconsin: sellers complete a Real Estate Condition Report that directly asks about flood-zone status and history of flooding, including basement flooding — the disclosure duty covers known flooding regardless of how long ago it occurred, so an old basement flood cannot be omitted as "not recent."
  2. Louisiana: state statute (La. R.S. § 9:3196 et seq., the Property Disclosure Document requirement) requires disclosure of whether and how frequently the property has flooded, whether it's in a FEMA-designated flood zone, and whether the seller/prior owner received federal flood-disaster aid — confirm the current statutory form text against the Louisiana Real Estate Commission's published form.
  3. Treat these two states as illustrative of a broader pattern: roughly half of states have some form of flood-history disclosure requirement per FEMA's own state-disclosure best-practices review, and half have none — never assume a given state requires disclosure without checking that state's specific statute/form.
  4. Where a state has no statutory flood-specific disclosure requirement, check whether a general "known material defect" disclosure duty (common law or real estate regulation) could still require disclosing known past basement flooding.
  5. For any specific transaction, check the current version of that state's official disclosure form/statute directly, since form language and citations are periodically amended.

Known gotchas

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