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WHAT EXACTLY, HAS TO BE DISCLOSED ABOUT PREVIOUS FLOODING?
What has to be disclosed about Previous Flooding when a residential property is sold in Texas? Well the answer comes from the Texas Property Code:
4. Are you (Seller) aware of any of the following conditions?
Write Yes (Y) if you are aware, write No (N) if you are not aware.
__ Active Termites __ Previous Structural
(includes or Roof Repair
__ Termite or Wood Rot Damage __ Hazardous or Toxic Waste
__ Previous Termite Damage __ Asbestos Components
__ Previous Termite __ Urea formaldehyde
__ Previous Flooding __ Radon Gas
__ Improper Drainage __ Lead Based Paint
__ Water Penetration __ Aluminum Wiring
__ Located in 100-Year __ Previous Fires
__ Present Flood Insurance __ Unplatted Easements
__ Landfill, Settling, Soil __ Subsurface
Movement, Fault Lines Structure or Pits
__ Single Blockable Main __ Previous Use of Premises
Drain in Pool/Hot for Manufacture of
If the answer to any of the above is yes, explain. (Attach additional sheets if necessary):________________________________
Previous Flooding is not defined and there is no reference or restriction to past, present, or flooding of a single event. The Previous Flooding can be into the house or simply on the property. Past Sellers Disclosure Notices separated flooding onto the property versus flooding into the structure. Without this distinction, all flooding of every kind must be disclosed.
Of course flooding is not defined so anything that can be defined as flooding would have to be disclosed.
In the Texas Hill Country, flooding can occur from flash floods or sheetwater flooding which is where water builds up and then moves as sheetwater across ground to get to underwater caves or tributaries in the area. Sometimes, the water can be high enough to flood the interior spaces of homes or buildings and sometimes floodwaters simply move across the property without entering the structure.
Either way it needs to be disclosed. Flooding in Texas causes billions of dollars of damages. Disclosure of flooding is crucial to a fair negotiation for the purchase of a home.