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.


Asked on 4/16/11, 7:58 pm

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

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.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 4/17/11, 9:06 am


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