Do we have a monetary lawsuit against the real estate broker, seller and/or title company?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Do we have a monetary lawsuit against the real estate broker, seller and/or title company?

We purchased a home. All owner and realtor forms and disclosures say nothing about an ‘X’ grade flood zone. The survey received at closing lists flood zone as a single line item referencing Brevard county flood zone map. The flood zone is not marked on the survey. The city has additional requirements for proposed swimming pool because of flood zone. We don’t know the cost since we dropped swimming pool purchase because of flood zone information. The lien holder did not require flood insurance but not sure if they knew about flood zone. Also, have been told that home value will be less now that flood zone is identified.

Asked on February 1, 2018 under Real Estate Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You may have a lawsuit against the seller for not disclosing the flood zone: to have a viable suit, you'd have to be able to show that the seller either knew, or reasonably must have known (i.e. any seller in their position logically must have known) of the flood zone but despite knowing of it, failed to disclose it. But there must be evidence of their knowledge: the lawsuit or claim would be based on fraud, and since fraud is essentially intentionally lying, there must be knowledge. If the seller did not know, the seller is not liable.
The broker is not liable because they do not have to research or provide this information: they are allowed to rely on what the seller tells them.
If the survey referenced a county flood zone map, the title company is not liable; while they may not have done their job well, they did provide the necessary information.

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 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