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Committee approves amendment to H.106 creating 'unable to determine' disclosure defense for sellers in FEMA‑mapped areas
Summary
The House General & Housing Committee approved a strike‑all amendment (Draft 1.1) to H.106 on March 25, adding a defense that shields sellers from damage liability if they reasonably cannot determine whether property lies within FEMA special or moderate flood hazard areas and notify buyers.
The House General & Housing Committee on March 25 approved Draft 1.1, a strike‑all amendment to H.106 that creates a new statutory defense for sellers of real property when federal Emergency Management Agency (FEMA) flood maps are unavailable or unclear.
Cameron Wood of the Office of Legislative Council drafted the amendment and walked members through the changes. Wood said the amendment keeps the disclosure requirement that sellers inform buyers whether a property is in a FEMA special or moderate flood hazard area, but adds a new subsection providing that a seller “shall not be liable for damages” if, after a reasonable attempt to determine the property's location on FEMA maps, the…
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