Check out the latest "flood" FEMA claim issue # 25 question added to LLR’s SCR230…
https://llr.sc.gov/re/recpdf/Property%20Condition%20Disclosure%20Statement.pdf
https://www.screaltors.org/wp-content/uploads/Forms/230.pdf
Also in addition to this new question # 25 on FEMA claims, check out the existing water/flood questions on the Residential Property Condition Disclosure Statement (RPCDS)…
# 20 + # 22 + # 23 + #24
Regarding water issues, remember that moisture means water which causes mold.
Water problems can arguably include all sorts of issues, not limited to this list:
rain leaks, overflowing tub/washer, firemen/people putting out a fire with hoses, leaking faucet/pipe/toilet, flooding, rain gutter issues, kids sloshing water damage, septic tank/field, plumbing, well, sewer, french drain, ponds, lakes, dams, rivers, standing water, wetlands, irrigation, water tanks, hail, ice, snow, rain, water/foundation, springs, underground water caverns, sinkholes, frost, fungus, termites attracted to water, pests with water, industrial water problems, environmental contamination related to water, etc.
The seller disclosure defines problems very broadly to include:
present defects, malfunctions, damages, conditions, characteristics
Here is an article that quotes SCR CEO Nick Kremydas on LLR’s update # 25 FEMA claims to the seller disclosure.
This SC RPCDS question # 25 FEMA claim issue is also in the NAR REALTOR® magazine:
SCR residential listing agreements require the seller to complete the seller disclosure.
The seller disclosure is one of the REALTORS® and sellers’ best liability limitation defenses to a post-closing buyer lawsuit about the property defects that the buyer notices after closing. This is one of the most common real estate lawsuits. SC law creates a liability shield when a seller disclosure is used. This law was upheld in the SC Court of Appeals precedential case.
Listing Reps: Note the new question # 25 asks about FEMA claims PRIOR to and DURING the owner/seller’s ownership period. Sellers should obtain legal counsel prior to answering the RPCDS, especially about issues that occurred prior to their ownership when the seller may not have knowledge of past FEMA claims. This FEMA claim information may be difficult to obtain. FEMA was created circa 1978-79.
NAR ethics requires known disclosures of certain issues too:
Posted by: Byron King on 12/12/19 (This information is only accurate as of 12/12/19. You must contact SCR for updates and changes to this information after 12/12/19 as laws and regulations may change over time. SCR 803-772-5206 or email info at screaltors.org)