Legal Question in Real Estate Law in New York

I bought my house in December of 2006 and was told not in a flood zone and did not need flood insurance. In August of 2008 I was then told I am in a flood zone and need to have flood insurance. I would not have bought my house if I was in a flood zone. Nothing has changed with the property. I have been trying to find out for years on why I was not told of this because I was unable to make an informed decision when I bought my house. Is there anything that can be done the town does not get back to me on my questions and FEMA says too bad?


Asked on 7/11/12, 8:49 am

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Theoretically, this is not a Town responsibility, but was the responsibility of your real estate broker, your attorney or your title company to check this. Traditionally, both the Contract of Sale has a paragraph covering this, and/or your closing attorney or title company should have checked it. Most towns have flood maps in the offices of their building departments where this can be easily checked. A simple solution, which I have used personally, as my lot is in a flood zone, is having an elevation survey done. If the structure is not within the zone, flood insurance is not required and an exemption can be obtained and most financial institutions will waive the requirement for flood insurance. This is a response to an Internet question and the reply is for informational purposes only, and is not intended to be legal advice or as creating an attornery-client relationship.

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Answered on 7/11/12, 9:00 am


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