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:
Louisiana’s 2026 Regular Session opened this week with several developments that matter directly to REALTORS ®, property managers and housing providers, alongside some broader political shifts worth watching. HB 292: Security Deposit Return Timelines Rep. Delisha Boyd’s HB 292, which addresses procedures for returning residential security deposits, was deferred to next week. This provides additional time for stakeholders to engage with members on practical impacts for lease administration, move out inspections and documentation standards. We’ll continue working to ensure any changes to deposit law are clear, workable and do not expose housing providers to unreasonable liability. Land Use and Development: St. James Parish Decision The Louisiana Supreme Court’s recent St. James Parish decision significantly tightens the standards for overturning local land use decisions, reinforcing that zoning and permitting authority rests with parish and municipal governments as long as their decisions are not arbitrary or capricious. For real estate and development, that means more predictability if projects are aligned with adopted plans and ordinances, but also higher stakes in local elections, planning processes and parish-level negotiations. Governor’s State of the State In his State of the State address, Governor Jeff Landry reiterated his push to phase out the state income tax, expand the LA GATOR and MJ Foster scholarship and workforce programs, and replace vehicle inspection stickers with a QR code system. These programs frame a debate around long-term competitiveness, workforce readiness and household cost of living which are all key drivers of housing demand and migration patterns. Business & Market Trends The business community is focusing the session on insurance, workforce and energy. Commercial and property insurance costs remain a top concern for employers and property owners, and we are monitoring civil justice and insurance reform proposals that could affect market stability and availability. At the same time, Louisiana is seeing more than $100 billion in announced industrial and data center projects, which could reshape local markets, labor conditions and housing needs in multiple regions of the state. Please view the weekly bill tracking report at the link below provided by our lobbying team over at Harris, DeVille and Associates.
Learn how Louisiana real estate regulations, disclosure laws, and licensing standards help protect homebuyers and create safer, more transparent transactions.
Nominations are open now through April 24, 2026, for the Louisiana REALTORS® 2025 REALTOR® of the Year & the 2025 Lawrence R. DeMarcay, Jr. Distinguished Service Award. Both awards are aimed to showcase an individual who has volunteered their time in service to the real estate industry. Recipients of the awards will be recognized during the Spring Legislative Conference. (Registration coming soon!) Please see the below links with the selection criteria and consider submitting a nomination today. Contact Donna Teekel at (225) 224-0704 or dteekel@larealtors.org with any questions.
