Are homeowner’s required to divulge information about road conditions regarding river flooding in their area?

We are in the process of selling our home For Sale by Owner. We live in a flood plain and of course we know we must give this information to prospective buyers. Since we live near a river, in some years, our road is cut off during high water at both ends, even though the water is not threatening to flood our house. Are we obligated to reveal this by law?

Asked on April 5, 2016 under Real Estate Law, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, you must if it is a relatively predictable thing--i.e. if it's reasonable to expect this will happen every year or two. This is clearly a material, or important, fact, one that would reasonably affect a person's decision to purchase the home or not. If you fail to disclose this to a buyer prior to signing the contract, they may be able to sue you for fraud--for failing to dislose a material fact known to  you.
If it's very rare or uncommon, so that it *could* happen but is not likely to, you would not need to disclose, because something not reasonably expected to re-occur is not material. 


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