Do You Have to Disclose Flooding When Selling in Weston, FL?
Do Weston, Florida home sellers have to disclose past flooding?
Yes. Under Florida law (Section 689.302, Florida Statutes), every seller of a residential property in Weston must give the buyer a written Flood Disclosure at or before the time the sales contract is signed. The form asks whether you know of flooding that damaged the property while you owned it, whether you ever filed a flood insurance claim (including through the National Flood Insurance Program), and whether you received any flood-damage assistance, including from FEMA. It sits alongside your regular seller’s disclosure, and it doesn’t replace your duty to disclose other known problems that affect value.
By Natalia Echeverri | October 26, 2026
If you’re getting ready to list your Weston home, this is one of the questions I hear most right now: “Do I really have to tell buyers about that flood?”
The short answer is yes, and that’s not a bad thing. Handled the right way, a flood disclosure protects you, builds trust with buyers, and keeps your sale from falling apart at the worst possible moment.
Here’s exactly what the law asks, what counts as “flooding,” and how to prepare before you list.
What Florida’s Flood Disclosure Form Actually Asks
Florida added a dedicated flood disclosure for home sales in 2024, and the Legislature expanded it with changes that took effect October 1, 2025. If you sold a home in Weston before then, the paperwork you remember is different from what you’ll sign now.
The form starts with a notice to the buyer that standard homeowners insurance does not cover flood damage, and it encourages them to talk to their insurance agent about a separate flood policy.
Then you answer three yes or no questions:
- Do you know of any flooding that damaged the property while you owned it?
- Have you ever filed a flood insurance claim on the property? This includes claims through the National Flood Insurance Program (NFIP) or a private flood policy.
- Have you ever received assistance for flood damage to the property? This includes FEMA, and since the 2025 update it isn’t limited to federal help.
You must give the completed form to the buyer at or before the time the sales contract is executed. In practice, I recommend having it ready with your listing documents, so serious buyers see it before they write an offer, not after.
What counts as “flooding” under Florida law
This is where most Weston sellers get stuck. The statute defines flooding as a temporary condition where the property is partially or completely covered by water from:
- Overflow of inland or tidal waters, like a lake or canal rising over its banks
- Unusual and rapid runoff or surface water from an established source, like a river, stream, or drainage ditch
- Sustained periods of standing water from rainfall
That last one matters in Weston. We don’t have to be on the coast to see water. A tropical storm or one of our heavy summer downpours can leave standing water in a yard, a garage, or a ground-floor room, especially in a community where the lakes and swales back up.
The question on the form is about flooding that damaged the property during your ownership. A puddle in the yard that drained the next morning is very different from water that came into the garage and ruined drywall. If you’re unsure where your situation falls, that’s a conversation to have with a real estate attorney before you check a box.
This isn’t your only disclosure
The flood form is in addition to the Seller’s Real Property Disclosure Statement most Weston sellers complete, not instead of it.
Florida also has a long-standing rule from the Johnson v. Davis case: if you know about a problem that materially affects the value of the home and isn’t readily visible to a buyer, you have to disclose it. Old water damage, mold remediation, or repeated drainage issues can fall into that category even if they don’t fit neatly on the flood form.
When sellers ask me what to disclose, my answer is always the same: if you know about it and it matters, put it in writing. Hidden problems are what lead to lawsuits after closing, not disclosed ones.
Why This Matters So Much in Weston Right Now
Weston was built on reclaimed Everglades land with a carefully engineered system of lakes, canals, and drainage. It works well, but it isn’t flood-proof, and buyers know that.
A few things make the flood question especially important here:
- FEMA’s flood maps for Broward were updated in 2024. Some Weston properties changed flood zones. The City of Weston notes that a home may no longer be in a mapped flood zone, but it still encourages every owner to carry flood insurance, because claims happen outside high-risk zones too.
- Flood zones affect your buyer’s loan. In Broward, homes in zones A, AE, AH, or VE generally require flood insurance if the buyer has a federally backed mortgage. Homes in Zone X don’t require it, but many buyers still want it.
- Most Weston homes are in private communities. According to the City, drainage inside private communities is owned and maintained by the community association, not the City. If your neighborhood had drainage problems and the association made repairs, buyers will want to know.
- Insurance is already the biggest worry for South Florida buyers. Between roof age, 4-point inspections, wind mitigation, and premiums, buyers are watching every line. If you haven’t seen it yet, my post on the types of houses buyers should think twice about in Florida explains how insurance shapes what people are willing to buy.
Many of my buyers are relocating from out of state or from Latin America, and flood risk is one of the first things they ask about. A seller who answers clearly and has documents ready stands out.
How to Prepare Your Flood Disclosure Before You List
The sellers who have the smoothest closings are the ones who get this organized before their home ever hits the MLS. Here’s the checklist I walk my clients through:
- Look up your FEMA flood zone. Use the Broward County flood zone map with your address and note your current zone.
- Gather your insurance history. Find any flood or water claims you filed, the dates, and how they were resolved. You can also request a C.L.U.E. report (a claims history report on your property) from LexisNexis. Many buyers’ insurance agents will pull it anyway.
- Find any FEMA or other assistance records. If you received disaster assistance after a storm, keep those records with your claim paperwork.
- Document repairs. Invoices, photos, and especially permits for drywall, flooring, or mitigation work show buyers the problem was fixed properly.
- Check whether you have an elevation certificate. If you have one, it can help your buyer get a more accurate flood insurance quote.
- Ask your insurance agent about your flood policy. NFIP flood policies can often be transferred to a buyer, which can be a real selling point. Your agent can confirm whether yours qualifies.
- Ask your HOA about community drainage. If your community had flooding or drainage repairs, get a short summary from the management company.
- Have an attorney review anything unclear. I’m not an attorney, and this post isn’t legal advice. If you’re unsure how to answer a question, a quick review now is far cheaper than a dispute later.
This is exactly the kind of prep I do with sellers before we list, alongside pricing, staging, and the rest of the disclosure package. It’s also one of the common mistakes I see when selling in Weston: waiting until a buyer asks, then scrambling for paperwork during the inspection period.
Will answering “yes” scare buyers away?
Usually not, if you handle it well.
What scares buyers is surprise. A “yes” on the form with a clear explanation, repair records, and permits tells a buyer you’re being upfront. A “no” that turns out to be wrong, or a flood claim that shows up when the buyer’s insurance agent runs a report, can kill the deal or lead to a renegotiation you didn’t need.
Your disclosure can also affect pricing and negotiation. Every situation is different, and the only way to know how it affects your home’s value is to look at your specific property, your flood zone, your repairs, and what similar homes in your community have sold for. That’s a conversation I’m always happy to have.
Frequently Asked Questions
Do I have to disclose flooding if it happened before I bought the house?
The flood disclosure form asks about flooding damage, claims, and assistance during your ownership. If you know about earlier flooding from your own purchase disclosures or records, you may still have a duty to disclose it under Florida’s general disclosure rules if it affects value. Ask a real estate attorney how to word it.
When do I have to give the buyer the flood disclosure in Florida?
Florida law requires the seller to give the buyer the completed flood disclosure at or before the time the sales contract is signed. Most agents recommend sharing it with the listing documents so buyers see it before they make an offer.
Is my Weston home in a flood zone?
Check your address on the Broward County FEMA flood zone map, which reflects the 2024 map updates. Zones A, AE, AH, and VE generally require flood insurance with a federally backed mortgage, while Zone X does not, though the City of Weston recommends flood insurance for every owner.
Does homeowners insurance cover flood damage in Florida?
No. Standard homeowners insurance does not cover damage from flooding, and the Florida disclosure form says so directly. Flood coverage comes from a separate policy through the National Flood Insurance Program or a private flood insurer.
What happens if I don’t disclose past flooding?
If a buyer later discovers flooding you knew about and didn’t disclose, you could face a legal claim for misrepresentation or failure to disclose. The safest approach is to disclose what you know, keep documentation of repairs, and have an attorney review anything you’re unsure about.
The Bottom Line
If you’re selling in Weston, you’ll answer Florida’s flood disclosure questions in writing before your buyer signs. The sellers who do best are the ones who pull their records together early, disclose clearly, and show buyers exactly how any issue was fixed.
If you’re thinking about selling and want to go through your disclosures, flood zone, and pricing before you list, I’d love to talk it through with you in a quick 30-minute consultation. And if you’re on the buying side and Weston is on your radar, grab my free Weston Florida Relocation Guide. It walks you through the neighborhoods, schools, and what to expect when you move here, including how to think about flood zones and insurance.
This article is for general information only and isn’t legal advice. Natalia Echeverri is a REALTOR® with Coldwell Banker Realty.
About Natalia Echeverri
Natalia Echeverri is a REALTOR® with Coldwell Banker Realty who has called Weston home for over 20 years. She’s a Global Luxury Certified Agent and Certified Stager, bilingual in English and Spanish, and has been ranked among Weston’s top agents multiple times. Natalia helps first-time buyers, growing families and relocation clients across Weston and West Broward buy and sell with confidence.
