Texas REALTORS® 2018 Winter Meeting | Feb. 9-13 | Austin, Texas

Legal FAQs for REALTORS® — Contracts and Forms
Flood Hazard Areas

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Legal disclaimer

My client is selling a property that has flood insurance coverage because it’s located within a special flood hazard area. He noted the present coverage in the Seller’s Disclosure Notice (TAR 1406), signed the disclosure notice, and attached the Information about Special Flood Hazard Areas (TAR 1414) to the disclosure notice. The buyer then signed the disclosure notice, acknowledging receipt. Do the buyer and seller have to sign the information form, too? (Updated Dec. 19, 2014)

Neither party is required to sign the Information about Special Flood Hazard Areas (TAR 1414). Because the information form was attached to the signed Seller’s Disclosure Notice (TAR 1406), an additional signature on the information form is unnecessary.

If the Information about Special Flood Hazard Areas is being provided separately from the Seller’s Disclosure Notice, it is a good idea to ask for a principal’s signature acknowledging receipt of the form. Even if the form was attached to the Seller’s Disclosure Notice, it’s still a good idea to ask any principal who has been given the form to sign the acknowledgement receipt. If the principal does not want to sign the form, the agent could note the delivery of the form in his or her file.

Note that the form should also be provided to buyers in situations where the seller isn’t required to provide a seller’s disclosure notice or where there is no flood insurance coverage on the property at the present time but there are concerns about the construction or location of the property related to special flood hazard areas.

Legal Disclaimer: The material provided here is for informational purposes only and is not intended and should not be considered as legal advice for your particular matter. You should contact your attorney to obtain advice with respect to any particular issue or problem. Applicability of the legal principles discussed in this material may differ substantially in individual situations.

While the Texas Association of REALTORS® has used reasonable efforts in collecting and preparing materials included here, due to the rapidly changing nature of the real estate marketplace and the law, and our reliance on information provided by outside sources, the Texas Association of REALTORS® makes no representation, warranty, or guarantee of the accuracy or reliability of any information provided here or elsewhere on TexasRealEstate.com. Any legal or other information found here, on TexasRealEstate.com, or at other sites to which we link, should be verified before it is relied upon.

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