What must I tell the buyer?
Florida law says a seller of a home must fill out a flood disclosure and give it to the buyer at or before the time the sales contract is signed.
The form asks three things about the time you owned the home:
- Flood damage. Do you know of any flooding that damaged the property while you owned it?
- Flood claims. Did you file a claim with an insurance company for flood damage to the property? That includes a claim with the National Flood Insurance Program (NFIP).
- Flood aid. Did you get help for flood damage to the property? That includes help from FEMA.
The form also tells the buyer to talk with their own insurance agent about buying separate flood insurance. It covers only the years you owned the home, not what happened before you bought it. Read the full Florida flood disclosure form.
Do you have a flood policy now? It may be able to go with the house.
Can my flood policy go to the buyer?
Often, yes. If you have an NFIP policy with building coverage, you can give written consent to assign it to the buyer. This works whether or not the buyer has a mortgage.
- What can't be assigned. A policy that covers only contents, or a policy on a building that is still under construction, cannot be assigned.
- The timing. You sign the assignment form on or before the closing date. The buyer then has up to 30 days after closing to send it to the insurance company.
- Not assigning it? Then the policy is canceled once you sell. See how canceling after a sale works.
This is a helpful option for the buyer, not a way around the wait on a new policy. NFIP flood policies have a 30-day waiting period. The big exception: if the buyer gets the policy as part of getting, refinancing, increasing, extending or renewing a loan on the home, coverage can start at closing with no wait, as long as the application and payment are in by closing. See how taking over a seller's policy works for the buyer.
Why would a buyer want your policy? Here is why it can help.
Why does that help the buyer?
FEMA tells buyers they may be able to take over the prior owner's NFIP policy. The policy may already be paid through the end of its term.
If your policy is not yet at full price, FEMA says its rate usually cannot go up more than 18% a year until it reaches the full risk rate. The buyer who takes over your policy may keep that path.
If the buyer gets a new NFIP policy instead, it can still keep any statutory discount your policy had, when all of these are true:
- The new policy starts on the sale date or within one year after it.
- Your home had NFIP building coverage on the sale date.
- The home is not a condo, before or after the sale.
How much any of this is worth depends on the home. Same flood zone, very different prices. Under Risk Rating 2.0 the price comes mostly from the home and its spot, like how high the first floor sits and what it costs to rebuild. See what goes into a flood insurance price.
Did you get FEMA help after a past flood? Read this before closing.
Did you get FEMA aid for flood damage?
FEMA says that if a property got federal disaster help before, it must have flood insurance to get disaster help in the future. That rule stays with the home after you sell it.
Federal law adds a duty for the seller. If you got federal disaster aid for flood damage that required you to keep flood insurance, you must tell the buyer in writing that they have to get and keep flood insurance on the home.
- When. No later than the day the sale closes.
- Where. The notice must be in the papers that transfer the home to the buyer.
If you skip the notice, you could have to pay the aid back to the federal government. That happens only if, after the sale, all three of these are true: the buyer does not get or keep flood insurance, a flood damages the home, and federal aid is paid to fix it. Then you would owe as much as that aid.
Ask your closing agent or a real estate attorney how to word the notice.
What papers should you pull together? Here is the list.
What papers should I have ready?
Buyers and their lenders will ask about flood. Having these on hand can keep the sale moving:
- Your elevation certificate, if you have one. It can save the buyer a new survey. Learn how to find an old one.
- Your flood policy's declarations page. It shows what the policy covers and its policy number.
- Any LOMA letter from FEMA, if your home was taken out of a high-risk zone. See what a LOMA is.
Start with the address. Check my address to see the FEMA flood zone for your home. A licensed, independent insurance agent can then help your buyer compare their options.
What do Florida sellers ask about flood zones?
Do I have to tell a buyer my house is in a flood zone in Florida?
The Florida form does not ask about the flood zone. It asks about flood damage, flood claims and flood aid while you owned the home. The buyer's lender checks the flood zone on its own.
When do I give the flood disclosure?
At or before the time the sales contract is signed.
Can I transfer my flood insurance to the buyer?
Yes, if it is an NFIP policy with building coverage. You give written consent to assign it, with or without a mortgage. A contents-only policy or a policy on a home under construction cannot be assigned.
Does the buyer have to wait 30 days?
30 days for a standard NFIP purchase. No wait when the policy is bought as part of getting, refinancing, increasing, extending or renewing a loan on the home. One day when a new flood map just placed the home in a high-risk zone (within 13 months of the map date).
I got FEMA aid after a flood. What must I do when I sell?
If the aid required you to keep flood insurance, tell the buyer in writing, in the closing papers, by the closing date, that they must get and keep flood insurance. If you don't, and the buyer drops flood insurance, a flood damages the home and federal aid is paid, you could have to pay that aid back.
Sources and dates
- Section 689.302, Florida Statutes, Disclosure of flood risks to prospective purchaser (The 2026 Florida Statutes). Read November 7, 2026. https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0689/Sections/0689.302.html
- FEMA, NFIP Flood Insurance Manual, October 2025: Section 2, V.A (assignment of a policy to a new building owner) and Section 3 (new policy after a real estate transaction). Read October 31 and November 14, 2026. https://agents.floodsmart.gov/sites/default/files/media/document/2025-09/fema_nfip-FloodInsuranceManual-October2025-508c.pdf
- FEMA, Questions and Answers for Real Estate Professionals, August 2025, page 5. Read November 11, 2026. https://agents.floodsmart.gov/sites/default/files/media/document/2025-09/questions-answers-real-estate-professionals-brochure-08-2025.pdf
- FEMA, What is my flood zone. Read November 11 and 14, 2026. https://www.floodsmart.gov/flood-zones-and-maps/what-is-my-flood-zone
- FEMA, Eligibility. Read November 14, 2026. https://www.floodsmart.gov/get-insured/eligibility
- 42 U.S.C. 5154a, Prohibited flood disaster assistance (United States Code, 2024 edition). Read November 14, 2026. https://www.govinfo.gov/content/pkg/USCODE-2024-title42/html/USCODE-2024-title42-chap68-subchapIII-sec5154a.htm
- 44 CFR 61.11, effective date and time of coverage. eCFR, read October 25, 2026. https://www.ecfr.gov/current/title-44/chapter-I/subchapter-B/part-61/section-61.11
Facts last checked November 14, 2026. Every figure comes from the federal or state source listed above.