New Flood Disclosure Law Coming Under Fire in Massachusetts

Is the new flood disclosure law coming under fire in Massachusetts? For homebuyers in Massachusetts, the term “buyer beware” might be especially worrying. While the state of Massachusetts orders sellers to disclose many details of their properties, there is always a certain element of the unknown as you commit to the purchase of a new piece of real estate. Buyers obviously want to limit these unknowns to an absolute minimum, but what does the law actually say about these matters? How much is a homeowner actually obliged to reveal about their property before selling it?

If you find yourself in the midst of a dispute regarding a real estate transaction, it is best to get an experienced attorney on your side. With help from our legal professionals, it becomes much easier to dispute these issues and reach a favorable legal outcome. Ideally, you should enlist the help of a qualified attorney who specializes in civil litigation.

Massachusetts’ Flood Disclosure Laws Raises Questions
In April 2021, it was reported that there were serious questions being raised about Massachusetts’ flood disclosure laws. Rising sea levels, heavy rains, and extreme weather patterns all make flood damage a central issue for knowledgeable homebuyers who are searching for a solid investment. However, legal barriers in Massachusetts may make it difficult to actually ascertain whether or not the home you are looking at has suffered flood damage in the past.

In-demand real estate opportunities along our coastlines may be especially attractive for those who want beachfront properties, but what about the potential risks of buying in these locations? While experts agree that most homebuyers are aware of these potential hazards from mother nature, a small amount of disclosure is probably expected. However, homeowners in Massachusetts are not legally obliged to disclose anything about prior flood damage before they sell their properties.

What Does This Mean for Homebuyers in Massachusetts?
This means that you should be careful when purchasing homes in Massachusetts that you believe are at risk for flood damage – either in the past or the future. However, there is little that can help you discover this information, and you might be stuck with a property that does not seem anywhere near as attractive as you initially believed if you are not careful. That being said, there are a few things to keep in mind. First of all, homeowners cannot legally lie to you if you ask them specific questions. This is why it is important to ask as many questions as possible. In addition, all real estate professionals in Massachusetts are legally required to disclose any information once they become aware of it.

Taking Legal Action
If you believe that a homeowner or a real estate professional has intentionally misled you, you may have the opportunity to take legal action against them. These parties are not allowed to lie to you, and they have a responsibility to disclose important information like a history of past flood damage. Whether you have already purchased your home or you are in the middle of negotiations, a skilled attorney can make the process easier. Reach out to the Law Offices of Johnson, Sclafani & Moriarty as soon as possible, and we can develop an action plan together. Your initial consultation is FREE, so contact us now at 413.732-8356.