Legal Question in Real Estate Law in Pennsylvania
I purchased a house in September and specifically asked my realtor if the house was in a flood zone, i was told no. After closing on the house I found out that in July FEMA rerouted the flood zones and the preliminary maps came out, most likely my house will fall in a flood zone. I am concerned because I asked the questions and I believe that I was not given full disclosure. My neighbor IS in a flood zone and has lived in his house for 4 years, he had to purchase flood insurance when he bought his house. The neighbor on the other side of my house stated that a few years back there was a flood and FEMA issued letters stating they were in a flood zone and they should purchase flood insurance. Now, I am in a house, that had I known was in a flood zone I would not have purchased, what can I do now??? I don't have enough equity to sell and I am frustrated and feel as if I have been lied to.
1 Answer from Attorneys
Lenders usually require a flood zone search and certificate before settlement. If you financed your purchased with a mortgage, that may already have been done. Check your Good Faith Estimate that you should have received within days of applying for your mortgage, and the HUD-1 Settlement Statement that was prepared and issued at settlement. Those would indicate if you already paid for flood insurance.
You should also have received a Seller's Property Disclosure Statement when you signed your Agreement of Sale. It should indicate if there was knowledge of flood zone location. If all of the neighborhood did receive notices, as your neighbor told you, the seller should have know about and disclosed it. Check that Disclosure Statement.
You may also see how much flood zone insurance would cost at this time. There is a website you may reach with a link from the FEMA site which is
http://www.fema.gov/plan/prevent/floodins/infocon.shtm.
This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.
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