Brevard County · Selling

Selling after hurricane or flood damage in Brevard County

What you must tell buyers about flooding, your insurance claim, and repair-or-sell-as-is in plain words.

$339,600typical Brevard home value

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What’s different for you

1. Answer the three flood questions. Florida asks sellers about flood damage, flood insurance claims and flood help such as FEMA aid, before the contract is signed.
2. Share other known problems. Florida sellers must disclose known hidden problems that affect value.
3. Agree on repairs or a credit. Put in writing who repairs what, and what happens to open insurance claims.

When you start in CloseHive from this page, your plan already includes these steps, along with the usual ones for selling in Brevard County. You always see what to do next, and your agent handles the how.

What to know

Florida’s flood disclosure form

Florida law says a seller of a home must fill out a flood disclosure and give it to the buyer at or before the time the sales contract is signed. The form asks three things: whether you know of flooding that damaged the home while you owned it, whether you filed a flood insurance claim (including with the National Flood Insurance Program), and whether you got help for flood damage, such as money from FEMA (the Federal Emergency Management Agency). The form also tells the buyer that regular homeowners insurance does not cover flood damage.

What counts as “flooding” on the form

The law defines flooding as water covering part or all of the property from overflowing inland or tidal waters, from fast runoff out of a river, stream or drainage ditch, or from long periods of standing water after rain. A roof leak during a storm is not the same thing, but it is still a known problem your agent will ask you about. If you are unsure how to answer a question, ask a Florida real estate attorney before you sign.

Insurance claim deadlines in Florida

Under Florida law, a new or reopened property insurance claim must be reported to your insurer within 1 year after the date of loss. A supplemental claim (a claim for more damage from the same event) must be reported within 18 months. For hurricanes and other weather events, the date of loss is the day the hurricane made landfall or the day the National Oceanic and Atmospheric Administration confirms the event. Read your policy too, because it sets how notice must be given.

Selling with a claim still open

An open claim does not stop a sale, but it must be handled in writing. The contract should say who keeps any insurance money still to come, who finishes which repairs, and by when. Ask your insurer and your mortgage lender how a payment would be made if the home sells before the claim is paid.

The “substantial damage” rule in flood zones

FEMA explains that a building in a floodplain is “substantially damaged” when the cost of repairs is 50 percent or more of the building’s market value before the disaster, no matter what caused the damage. Your local government decides this, usually a building official or floodplain manager. A substantially damaged building must be brought up to local floodplain rules when it is repaired, which can mean raising it. Buyers and their lenders may ask whether your home received this decision, so find out early.

Repairs, permits and records

Buyers, inspectors and insurers often ask what was fixed, who fixed it, and whether permits were pulled. Before you start repairs, ask your city or the Brevard County building department what needs a permit. Keep every invoice, photo and permit together. Clear records help a buyer feel calm and can make the home easier to insure.

The buyer’s insurance is part of your sale

A buyer who needs a loan usually must show that the home can be insured before closing. Damage that is not fixed can make insurance harder to get, which can slow or stop a sale. Your agent can help you plan which repairs matter most for a buyer’s insurance and which ones a buyer may accept as they are.

Your options

What to gather

• Your insurance claim number, the adjuster’s name, and every letter or email from your insurer
• Photos and videos of the damage, with the dates they were taken
• Any National Flood Insurance Program claim papers and payment letters
• Any FEMA or other disaster aid letters for the home
• Repair estimates and contractor invoices
• Building permits for any repairs, and final inspection results
• Your homeowners and flood insurance policy pages
• Any letter from the city or county about substantial damage
• Your latest mortgage statement, so the payoff can be planned
• An elevation certificate, if you have one

Mistakes to avoid

• Guessing on the flood form. Gather your claim papers and aid letters first, then answer each question from the records. If you are unsure, ask a Florida real estate attorney before you sign.
• Letting a claim deadline pass. Write down your date of loss today and count 1 year for a new claim and 18 months for a supplemental claim. Call your insurer well before those dates.
• Covering damage instead of fixing it. Fresh paint over a water stain does not fix the cause and can lead to serious problems with a buyer later. Fix the cause, or tell the buyer and price it in.
• Doing repairs without permits. Ask the building department what needs a permit before work starts. Unpermitted work can scare off buyers and their insurers.
• Leaving the claim money out of the contract. Put in writing who gets any insurance money still to come and who finishes which repairs. Unwritten promises lead to arguments at closing.

Brevard County in numbers

• The typical home in Brevard County is worth about $339,600, and 77% of homes are lived in by their owners.
• Typical rent here is about $1,556 a month, including utilities.