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Rep. Nicholas proposes option for absentee sellers to flag they never lived on property in flood-disclosure forms
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Summary
Representative Tony Nicholas told the General & Housing committee his bill H.827 would add an option for sellers who never lived on a property to indicate that on flood-disclosure forms; committee members noted last year’s Act 52 now requires providing a FEMA flood-insurance-rate map or a notice if no map exists and suggested coordinating with the Vermont Board of Realtors to update the form.
Representative Tony Nicholas told the General & Housing committee on Feb. 18 that his bill, H.827, would add an option on real-estate flood-disclosure forms allowing sellers who never lived on a property to indicate that fact so buyers can make an informed decision.
Nicholas, who identified himself as a licensed real-estate broker, said foreclosure companies and absentee heirs often lack direct knowledge about whether a property has flooded. "So what my bill proposes, is to just allow an an option if you never lived on the property to say that," he said, adding that the change "doesn't mean that you're relieved of liability" but offers buyers additional information about a property's history.
The proposal surfaced as members recalled work on a related provision last year. An Unidentified Speaker read a summary of Act 52, enacted last year, saying the statute no longer requires a seller to notify whether a property is located within a FEMA-mapped special or moderate flood-hazard area. Instead, the law requires a seller to provide a physical or electronic copy or a digital link to the property's official FEMA flood-insurance-rate map and to notify a buyer if a map is unavailable.
Committee members and Nicholas flagged a practical mismatch between the statute and the standard disclosure form used by the Vermont Board of Realtors (VBR). Several speakers noted that the VBR form presents a simple yes-or-no choice about prior flooding and lacks a separate checkbox or language allowing a seller to indicate they never lived on the property or to provide a FEMA map link.
One committee member suggested the discrepancy is not necessarily a matter of drafting new legislation but rather updating the VBR form to reflect the statute. Nicholas said he would follow up with the senate and is willing to contact the VBR to seek an update to the form. "If you can just let me know, I I'm happy to follow-up with the senate when it gets to them," he said.
No formal vote was taken on H.827 during the session. Committee members closed the discussion by thanking Nicholas and moving on to the next agenda item. The committee signaled that outreach to the Vermont Board of Realtors and follow-up with the senate will be the next practical steps.
