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

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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 7 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. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption