Florida’s New Flood Disclosure Law: What High-End Buyers Must Know Before Closing
By Jacqueline Salcines, Esq.
Luxury buyers entering the South Florida real estate market are no strangers to due diligence. From title verification to offshore trust structuring, every detail matters when investing in high-value properties. Now, with the passage of Florida Senate Bill 484, another key layer of due diligence has been formally codified into law: mandatory flood risk disclosure for residential property sellers.
Effective October 1, 2024, Florida now requires sellers of residential real estate to make explicit written disclosures about a property’s flood history, insurance claims, and FEMA classification. For affluent buyers accustomed to discretion, precision, and protection, this law brings welcomed transparency — but also a critical need for proper legal review before closing.
What the New Law Requires
Sellers must now disclose, in writing, the following information prior to executing a purchase contract:
- Whether the property is located in a FEMA-designated Special Flood Hazard Area (SFHA)
- Whether flood insurance is required or has been previously carried
- Whether the seller has ever filed a flood-related insurance claim
- Whether the property has experienced flooding damage or water intrusion, regardless of the insurance status
- Any existing FEMA elevation certificates or flood zone documentation
This flood disclosure is now treated similarly to lead-based paint disclosures — and failure to disclose properly could result in rescission, litigation, or a delay in closing.
Why This Matters for Luxury Buyers
For luxury estates along the Intracoastal, waterfront mansions in Coral Gables, or condos in flood-prone zones of Miami Beach, flood risk is not just about water — it’s about asset preservation and insurance strategy.
Many high-net-worth buyers assume their insurer or lender will flag flood issues. But under Florida law, the responsibility lies first with the seller — and second, with the attorney reviewing the transaction. Without clear disclosure, a buyer could unknowingly acquire a property with:
- A history of repeated flood damage
- Prior claims that affect future insurance coverage
- Requirements for expensive elevation improvements
- Non-disclosure liabilities passed along to future buyers
This is why high-end buyers need a legal team who treats real estate as more than a closing — and understands how to read between the lines.
How We Protect Our Clients
At Salcines Law, we don’t just “check the box.” As both a real estate attorney and accountant with over 26 years of experience, I ensure that your investment is protected from day one — especially when it comes to new statutory risks.
We:
✔️ Conduct full contract reviews with flood disclosure verification
✔️ Coordinate with surveyors and FEMA consultants if needed
✔️ Help you navigate flood insurance requirements tied to private lenders
✔️ Flag any red flags related to past water intrusion or damage
✔️ Draft purchase contracts with customized due diligence language
Transparency Is the New Luxury
In an era of rising tides and rising values, Florida’s flood disclosure law is a smart step forward. But laws only protect those who know how to use them. Our clients don’t just sign contracts — they close with confidence.
Jacqueline Salcines, Esq.
Real Estate Attorney | Accountant | Title Agent
📍 Coral Gables | Serving Miami-Dade, Broward, and Palm Beach
🌐 www.salcineslaw.com
📞 Schedule a confidential closing strategy call
“Never Close Alone.”