When is a flood disclosure required?

Requirement depends on state law, contract terms, and lender rules; many states require disclosure of known material facts about flood history and hazards.

Can the notice be signed electronically?

Yes. Electronic signatures are enforceable under the ESIGN Act (15 U.S.C. ch. 96) and UETA in most states when intent, consent, attribution, and retention requirements are met.

Is notarization ever required?

Some jurisdictions or lender conditions may require notarized acknowledgements; check state notarization rules and lender instructions before finalizing.

What if new flood information appears after signing?

Update the disclosure promptly and reissue to affected parties; failure to update material facts can create liability or give rise to rescission claims.

Which documents should be attached?

Attach FEMA map excerpts, elevation certificates, insurance claim summaries, repair invoices, and any relevant permits to substantiate disclosures and speed underwriting.

How long should I keep signed copies?

Retain completed disclosures and supporting records for at least three years after closing, and longer if litigation or regulatory issues are reasonably foreseeable.

Electronic Signature
Templates
Miscellaneous
Real Estate Flood Disclosure Notice

Real Estate Flood Disclosure Notice

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

REAL ESTATE FLOOD DISCLOSURE NOTICE

WHEREAS

WHEREAS Seller Name: and Buyer Name: are parties to the proposed sale or transfer of the real property described below; and

WHEREAS the parties require written disclosure concerning known flood conditions, flood history, and flood insurance information as an express condition of the transaction; now, therefore, Seller provides the following disclosures, and Buyer acknowledges receipt and understanding of the information herein.

PROPERTY IDENTIFICATION

Property Address Assessor / Parcel Number

FLOOD ZONE AND HISTORY

FEMA / Local Flood Zone Designation:

Has the Property experienced flooding, flooding-related damage, or drainage problems? Yes No

If yes, describe date(s), extent of damage, and remediation completed

Date of last reported flood or water intrusion: Estimated cost of repairs related to flooding: $

FLOOD INSURANCE

Is there current flood insurance in force on the Property? Yes No

If yes, provide carrier, policy number, and policy expiration

MITIGATION, REPAIRS AND IMPROVEMENTS

Describe any mitigation, elevation, drainage improvements, or repairs undertaken to prevent future flooding

SELLER CERTIFICATION

Seller certifies that, to Seller's knowledge after reasonable inquiry, the statements contained in this Disclosure are true and complete as of the Effective Date below, and Seller will promptly notify Buyer in writing of any material change in the information provided prior to closing.

Seller's Additional Comments

ADDITIONAL CONTRACTUAL TERMS

Scope of Work: The parties agree that any required remediation, mitigation, or repairs expressly listed in an attached addendum constitute the Scope of Work. Seller agrees to disclose known work completed and provide documentation as set forth below.

Scope of Work Details

PAYMENT TERMS

Payment for agreed remediation or credits shall be handled as set forth in the purchase contract, or as agreed below.

Agreed Payment Amount (if any) Payment Schedule / Terms

Late fee on any agreed payment not paid within the agreed time: $

TERM AND TERMINATION

Effective Date: Anticipated Closing or End Date:

This Disclosure and any associated remediation obligations may be terminated by mutual written agreement of Seller and Buyer, or as otherwise provided in the purchase contract. Either party may provide written notice of default and allow the other party a period of days to cure before pursuing remedies.

CONFIDENTIALITY

The parties agree that any non-public information exchanged specifically in connection with remediation plans, contractor proposals, or insurance claims shall be used solely for the purposes of evaluating and completing the remediation and closing of the transaction, and shall not be disclosed to third parties except as required by law or as reasonably necessary to effectuate the Scope of Work.

Buyer acknowledges confidentiality obligations Buyer acknowledges receipt and agrees to the confidentiality terms above.

GOVERNING LAW

This Disclosure shall be governed by and construed in accordance with the laws of the State of , without regard to conflict-of-law principles.

ENTIRE AGREEMENT

This Real Estate Flood Disclosure Notice, together with any attached addenda or schedules signed by the parties, constitutes the entire agreement between Seller and Buyer with respect to the subject matter herein and supersedes all prior oral or written representations or agreements relating to flood conditions and related remediation obligations.

BUYER ACKNOWLEDGMENT

Buyer acknowledges receipt of this Disclosure prior to signing the purchase agreement or prior to closing, and acknowledges the opportunity to review flood maps, insurance options, and inspect the Property for flood-related conditions.

Buyer's Additional Comments

ATTACHMENTS

The following documents are attached and incorporated by reference: Flood history reports, photos, contractor estimates, insurance declarations, and any elevation certificates as checked below.

Flood history report Photographs of damage/repair Elevation certificate or survey

Additional attachments/descriptions:

CERTIFICATION

By signing below, Seller certifies that the information provided in this Disclosure and any attachments is true, accurate, and complete to the best of Seller's knowledge. Buyer acknowledges receipt of this Disclosure and the attached documents and accepts the disclosures contained herein subject to the terms of the purchase agreement.

Seller Printed Name:

By:

Date:

Buyer Printed Name:

By:

Date:

What the Real Estate Flood Disclosure Notice Is

A Real Estate Flood Disclosure Notice is a written statement provided by a seller or listing agent that describes known flood-related conditions affecting a property, including history of flooding, elevation information, and whether the property lies in a mapped flood zone. The notice supplements standard property condition disclosures and informs buyers, lenders, and insurers so they can evaluate flood risk, insurance needs, and permitting considerations prior to purchase or loan closing.

Why this notice matters for transactions

Providing a flood disclosure clarifies material facts, reduces later disputes, and helps buyers and lenders make informed decisions about insurance and mitigation. Clear disclosure supports compliance with state disclosure laws and can reduce post-closing liability for sellers and brokers when accurate, timely information is provided.

Stakeholders who prepare or review this notice

Each party’s role differs: sellers disclose known facts, agents ensure completion, lenders and insurers use the notice to determine coverage and underwriting requirements.

Sellers and listing agents preparing the property disclosure prior to listing
Buyers and buyer's agents assessing insurance and elevation needs
Lenders and title companies verifying risk for underwriting and closing

Core elements a professional Flood Disclosure Notice should include

A complete notice is concise and factual, cites specific flood history, identifies mapped flood zones, and documents supporting sources such as FEMA maps or prior claims.

Property ID

Full street address and parcel or tax ID so the property is unambiguously identified for title, insurance, and municipal records.

Flood History

List dates and brief descriptions of past flooding or water intrusion events reported by owner, insurer, or public records, with attachments where available.

Flood Zone

State whether the property is in a FEMA-designated flood zone and cite the map panel or local floodplain designation used as the source.

Insurance Claims

Disclose prior flood or water damage insurance claims and the insurer’s claim reference numbers if available to inform underwriting.

Mitigation Measures

Note any flood-proofing, elevation work, drainage improvements, or permits obtained that affect present risk and compliance.

Source Documents

Attach or list sources (FEMA map, elevation certificate, claim records, contractor reports) so recipients can verify disclosures.

How to complete the Flood Disclosure Notice step by step

Follow these steps to prepare, review, and distribute the notice in an orderly way to minimize delays and compliance risk.

01

Gather records: Collect FEMA maps, claims history, elevation certificates, and repair invoices.
02

Complete fields: Fill each form field accurately and attach supporting documents where requested.
03

Review with counsel: Have broker or attorney review for state-specific disclosure language if uncertain.
04

Deliver to parties: Provide the signed notice to buyer, lender, and title company before closing.

Configuring an online workflow for the notice

Set up a digital workflow that captures required fields, attaches documents, and routes to each stakeholder to ensure traceability.

Field	Configuration
Required fields	Make address, flood history, and signature mandatory
Attachments	Allow PDF/JPG uploads for elevation certificates and invoices
Signer order	Route to seller, then listing agent, then buyer as observers
Notifications	Enable email and optional SMS reminders for pending signatures

Digital signing, security, and integration considerations

Ensure the chosen platform complies with ESIGN and UETA and retains tamper-evident audit trails to support enforceability and lender requirements.

Authentication: Email link, SMS code, or stronger KBA based on transaction risk
Attachments: Supports PDF, DOCX, JPEG uploads for certificates and claims
Integrations: Connects with MLS, title, and CRM systems via API or native integrations

Where to send the completed notice and how it flows

Routing the notice to the right recipients ensures underwriting and closing proceed without hold-ups.

Seller: Primary signer who attests to known flood facts.
Listing Agent: Receives copy for MLS disclosure and file retention.
Buyer / Buyer's Agent: Receives notice to evaluate insurance and mitigation needs.
Lender / Title: Receives final notice for underwriting and closing clearance.

Typical timing and deadlines tied to the disclosure

Timing expectations vary by state, contract terms, and lender requirements; begin the disclosure process early in listing or contract negotiation.

At Listing:

Provide initial disclosure when listing the property to inform market and buyers.

With Purchase Offer:

Supply the notice when buyers execute offers or contingency documents.

Prior to Closing:

Deliver final signed disclosure before lender closing conditions are cleared.

When New Info Appears:

Update and reissue the notice promptly if material flood facts are discovered.

Lender Deadlines:

Comply with lender-specific timing for underwriting and insurance binding.

Common mistakes to avoid when preparing the notice

Providing vague or generic statements instead of specific dates and supporting evidence creates ambiguity and weakens disclosures.
Failing to attach elevation certificates or claim summaries delays underwriting and can trigger lender requests.
Using inconsistent property identifiers (different parcel numbers or addresses) causes title search and insurance mismatches.
Not updating the disclosure when new information emerges risks post-closing disputes and potential rescission claims.

Consequences and legal risks of incorrect or missing disclosures

Contract Rescission: Buyer may seek to rescind if disclosure was material and intentionally concealed.

Liability Claims: Sellers or brokers may face claims for nondisclosure or misrepresentation.

Insurance Denial: Coverage disputes can arise when claims conflict with disclosed history.

Closing Delays: Lender or title holds may delay funding and recording.

Regulatory Penalties: State consumer protection actions can impose fines in severe cases.

Reputational Harm: Professional trust and marketability of the property suffer after disputes.

Practical tips for accurate and efficient completion

Adopt consistent practices to improve accuracy, reduce lender pushback, and limit post-closing disputes.

Verify Property Identifiers

Cross-check street address with parcel/tax ID and deed to avoid mismatches that delay title and insurance searches.

Attach Source Documents

Include FEMA map panels, elevation certificates, and claim summaries to substantiate claims and speed underwriting.

Use Clear Language

Avoid vague phrases; list dates and short factual descriptions rather than opinions about risk or habitability.

Maintain Audit Trail

Keep signed copies, timestamps, and signer IP addresses to support enforceability and lender review.

Real-world examples of digital disclosure workflows

Teams handling high volumes benefit from repeatable digital disclosure templates and tracked attachments.

Martin Properties

Martin Properties moved disclosures online to avoid in-person handoffs and lost paperwork.

They processed signed disclosures remotely to complete more closings.
The firm reports streamlined reviews and consistent documentation across transactions, whether on mobile or desktop.

Optica Ventures

Optica Ventures standardized attachments and map references to reduce underwriter questions.

They required elevation certificates for high-risk properties.
Standardized filings reduced lender requests and improved clarity for buyers and title insurers during closings.

Pricing and feature comparison for eSignature options used with disclosures

Compare starting price, trial options, bulk send, audit trail, HIPAA compliance, and envelope caps when selecting an eSignature provider for disclosure workflows.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Yes (trial)	Yes (trial)	Yes (trial)	Yes (trial)
Bulk Send	Yes (paid tier)	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No cap	100 envelopes/user/year	Varies by plan	Varies by plan	Varies by plan

Frequently asked questions about the Flood Disclosure Notice

Answers to common questions about completion, enforceability, and digital signing for flood disclosures.

Need help? Contact support

When is a flood disclosure required?
Requirement depends on state law, contract terms, and lender rules; many states require disclosure of known material facts about flood history and hazards.
Can the notice be signed electronically?
Yes. Electronic signatures are enforceable under the ESIGN Act (15 U.S.C. ch. 96) and UETA in most states when intent, consent, attribution, and retention requirements are met.
Is notarization ever required?
Some jurisdictions or lender conditions may require notarized acknowledgements; check state notarization rules and lender instructions before finalizing.
What if new flood information appears after signing?
Update the disclosure promptly and reissue to affected parties; failure to update material facts can create liability or give rise to rescission claims.
Which documents should be attached?
Attach FEMA map excerpts, elevation certificates, insurance claim summaries, repair invoices, and any relevant permits to substantiate disclosures and speed underwriting.
How long should I keep signed copies?
Retain completed disclosures and supporting records for at least three years after closing, and longer if litigation or regulatory issues are reasonably foreseeable.

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