Disclosure if property is in flood zone (Houston, Lubbock: sale, real estate)

[xecluded]

Do seller or the closing title company has the legal responsibility to disclosure if the land that they sell / close is in the flood zone. I found out after the closing that the land that i bought to build my home is in the flood zone.

I am not sure if i am being cheated on this or not and need your advise. Thanks.

According to this link here: http://ceres.ca.gov/planning/nhd/showtell.html - the seller must give must give the prospective buyer a separate "Natural Hazard Disclosure Statement" if the residential property lies within one or more of six statutorily specified areas.

Does this apply for house only or also include land. Thanks.

[High_Plains_Retired]

I don't know if those disclosure laws are county or local-specific but a few months ago I sold a house on 2+ acres north of Lubbock that was well within the designated 100-year flood plain. I was told by the title company no disclosure was necessary. I did, however, disclose the fact on paper to the buyer before the sale simply because it was the right thing to do. And too, I financed the property over several years and didn't want an angry buyer if the property ever did flood.

Short story, I don't know if they broke the law in your county but, if they were honest, they should have at least told you.

BTW, the property I sold has never flooded in the last 60 years but then it isn't Houston.

[houstonlibrarian]

The title company told you incorrectly.
The 100 year floodplain question is one I see on every disclosure statement in the state of Texas.

[testmo]

i dont know if the difference, like you said, is between a house and land but i could not get financing for my home without proof of flood insurance coverage. that came up all the time and had to go back and forth between broker and insurer to make sure all of the paperwork was exchanged

[xecluded]

Who should i call to find out if they have to disclosure this or not. I dont want to pay big bucks to consult with attorney unless I have to.

[High_Plains_Retired]

Originally Posted by houstonlibrarian

The title company told you incorrectly.
The 100 year floodplain question is one I see on every disclosure statement in the state of Texas.

Possibly it had to do with me financing my own property that had no liens? Anyway, we did right.

[cheryjohns]

Originally Posted by xecluded

Do seller or the closing title company has the legal responsibility to disclosure if the land that they sell / close is in the flood zone. I found out after the closing that the land that i bought to build my home is in the flood zone.

I am not sure if i am being cheated on this or not and need your advise. Thanks.

According to this link here: Show and Tell: The New "Natural Hazard Disclosure Statement" - the seller must give must give the prospective buyer a separate "Natural Hazard Disclosure Statement" if the residential property lies within one or more of six statutorily specified areas.

Does this apply for house only or also include land. Thanks.

Originally Posted by xecluded

Who should i call to find out if they have to disclosure this or not. I dont want to pay big bucks to consult with attorney unless I have to.

That does not make sense. The lender would have required an insurance binder that covered required flood BEFORE the closing. If you paid cash, you would have still inquired about insurance.

FEMA changes the flood boundaries every damn year - never mind that they now include land that has never flooded before. The seller may not have known that the boundaries changed - it's the buyer's responsibility to check. Requirements are for house, not land.

Always check Harris County Flood Warning System - Harris County, Texas

[xecluded]

The seller is the bank whom financed / borrowed the money to me for the land. they owned this land and several other lots. I talked to a real estate agent for Meritage Home Builder who is in charged of selling homes in this area and he said they are well awared that this area in the flood zone.

So the disclosure is a required for house only - land dont apply? If that is the case, then i will face a big loss.... what a bummer - so much for finding a lot to build dream home....

[War Beagle]

I would recommend doing the due diligence on your own as far as flood zones are concerned. County offices should have DFIRM maps that you can examine in order to tell if a property is in the flood zone or not.

[testmo]

being in a flood zone isnt that bad of a deal. everywhere EVERYWHERE in houston can flood. the statistics break down that nearly as many homes in non-flood zones flood than homes in major flood zones. i live in a 60 yr old house, in a 100 yr flood zone, that has never flooded - not even close and on the SW side of town.

there are some places in houston that flood worse than others. some are in the NW side of town or along larger bayous. if that is your situation ask people around and they can tell you the flood history

if it is just a standard 100 yr plane not along a flood way it wouldnt stop me if it was the perfect land. does cost money though. since you would be building they will have to make a higher elevation for the slab which makes things better.