Navigating Flood History Information Beyond the Seller's Disclosure

Louisiana REALTORS • April 8, 2021

Louisiana REALTORS® has partnered with the FEMA outreach and DOTD education teams to provide REALTORS® with helpful information regarding flood insurance, disaster preparation and recovery through our monthly Flood Risk & Recovery Series. In April, FEMA and DOTD were joined by representatives from Baker Donelson to discuss Flood Risk & Flood Insurance Implications in the Louisiana Seller's Disclosure and how that relates to the Obtain & Maintain requirement. Please see below for a few highlights and FAQs that were addressed in the session.

Session Highlights:

  • FEMA estimates that over 150,000 households in Louisiana require flood insurance
  • The Obtain & Maintain requirement says that if a property owner receives federal financial assistance for a flood loss and the property is in a Special Flood Hazard Area, then the owner must obtain flood insurance (equal to the amount of FEMA Individual Assistance award) for the property, and insurance must be maintained regardless of change in ownership
  • A seller MUST notify a buyer of the requirements to Obtain & Maintain on or before the date of property transfer
  • Failure to notify could mean that the buyer may be ineligible to receive future assistance AND/OR that the seller could be responsible for reimbursing the Federal Government for any disaster assistance received by the buyer
  • Even though it may not be required in the purchase agreement, the seller is still responsible for notifying of the Obtain & Maintain requirement through an addendum and in the active sale

Tips to Guide & Protect Your Clients:

BUYERS SELLERS
Get flood insurance, no matter what zone your desired home is in If receiving a subsidized rate, transfer it to the buyer at closing
Do your own research: contact your floodplain administrator, review the home's title/deed for FEMA mitigation grants, review the disclosure and ask the local community Consider mitigation projects that will reduce the flood risk, and in turn, reduce the premium before putting a property on the market
Request the seller's Elevation Certificate Provide an Elevation Certificate
Inquire with seller about previous flooding and require a flood loss history from the seller Disclose flood history and flood risk information
Know the waiting period before the policy will take effect, and see if the seller's policy can be transferred to you

FAQs:

  • Where can I find flood maps?

    You can go to msc.fema.gov to find all the maps; viewing them in the National Flood Hazard Layer Viewer is also helpful. If you need help interpreting the maps, you can call (877) 336-2627 for assistance.

  • Where can I find a sample addendum to include with my Seller's Disclosure?

    Two addendum examples can be found here.

  • How can I request a property's NFIP Flood Loss History?

    Because FEMA views addresses as personally protected information, only the property owner can request this information through calling (877) 336-2627.

  • If I am representing a buyer, how can I obtain flood history information?

    It requires a little more research! A few ideas include:

    • Contacting your floodplain administrator to ask about a flood zone, flood history in the area, permits on the structure and any community grants that were applied for
    • Reviewing the home's title/deed, as FEMA mitigation grants are required to be included
    • Ask the local community
    • Request the seller's Elevation Certificate
    • Inquire with the seller about previous flooding and require a flood loss history from the seller
  • Does the Obtain & Maintain requirement only apply if the home flooded and received money from FEMA?

    It applies to other types of federal disaster assistance in the high-risk flood area as well. This includes things like SBA loans, HUD grants, etc.

  • If a property is in Zone X and received FEMA assistance after flooding, does the Obtain & Maintain requirement still apply?

    The Obtain & Maintain requirement for FEMA disaster assistance only applies in the high-risk flood area. Flood insurance is recommended in this area though because almost 40% of NFIP claims come from this area.

Watch the Full Recording & View Session Materials
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The National Association of REALTORS® Board of Directors approved a 2026 budget with no dues increase and passed a Professional Standards Recommendation to clarify language in NAR Code of Ethics Standard of Practice 10-5, which prohibits harassment of any person or persons protected under Article 10 of the Code. A day earlier, the Executive Committee approved another Professional Standards change, revising language for Policy Statement 29 designed to ensure state and local associations can fairly and consistently enforce the Code of Ethics. Learn more about the changes. Read the revised Code of Ethics and Standards of Practice. Board members also approved a consent agenda to elect the 2026 officers and regional vice presidents . Christine Hansen of Ft. Lauderdale, Fla., was elected 2026 President-Elect, and Colin Mullane of Ashland, Ore. was elected 2026 First Vice President. The meeting opened with a video message from President Donald Trump, who welcomed REALTORS® to Washington and thanked them for support of the House-passed tax reform. NAR routinely invites the U.S. president to address REALTORS® at the Washington meetings. Over NAR's history, nine sitting presidents have addressed the association. Board Actions Approved a series of Finance Committee recommendations, accepting the association’s financial statement, approving the 2026 operating and advocacy budgets, and keeping dues at $156. The board actions also redirect $35 of the $45 Consumer Advertising Campaign assessment to operating funds. This change positions NAR to make its next settlement payment in February 2026 and maintain a balanced budget without raising total dues. The remaining $10 for the Consumer Advertising Campaign will fund optimized, metrics-driven activities that reach and engage consumers in critical markets. NAR CEO Nykia Wright and President Kevin Sears explained the shift at the opening session of the conference . Amended Standard of Practice 10-5 to give state and local associations greater clarity in how to fairly and consistently enforce Article 10 of the Code of Ethics. The amended Standard of Practice says that REALTORS®, in their capacity as real estate professionals, in association with their real estate businesses, or in their real estate-related activities, shall not harass any person or persons based on race, color, religion, sex, disability, familial status, national origin, sexual orientation, or gender identity. Made a series of recommendations to the Standards of Practice to bring the language in line with the terms of NAR’s 2024 settlement. Approved a motion to make one member of the Executive Committee a commercial practitioner who has served as chair, vice chair or liaison of an NAR commercial-related committee or forum to serve a two-year term and be independent of the 10% commercial representation requirement outlined in the NAR Constitution. Approved a recommendation from the Credentials and Campaign Rules Committee to amend qualifications for president-elect, first vice president and treasurer effective Jan. 1, 2026. Qualifications for top-line officers are now aligned with those already in place for regional vice presidents. Approved recommendations from the Member Accountability Committee related to applications for volunteer leadership and the Statement of Appropriate Event Conduct. The goal of the recommendations is to ensure members found in violation of the NAR Member Code of Conduct are properly disclosed. Award Winners NAR President Kevin Sears announced the 2025 Distinguished Service Award winners James P. Cormier , AHWD, C2EX, of Minneapolis-St. Paul, and Brooke S. Hunt , AHWD, E-PRO, SFR, SRS, C2EX , of Flower Mound, Texas. In addition, the group recognized the winner of the 2024 William R. Magel Award, Anne Marie DeCatsye , CEO of the Canopy REALTOR® Association and Canopy MLS in the Charlotte, N.C., metro area. REALTORS® Relief Foundation  During the meeting, REALTORS® Relief Foundation President Greg Hrabcak appealed to board members to make a tax-deductible donation. The fund provides housing assistance to victims in the immediate aftermath of a disaster; 100% of funds donated go to disaster relief. “We’ve had devastating wildfires in California, tornadoes in Missouri and Kentucky and flooding in West Virginia, and we’re still in the first half of this year,” Hrabcak said. Before the meeting ended, directors had donated more than $41,000.
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