If you are selling a home in Houston, the law requires you to disclose flood-related information to every buyer, and those requirements have expanded significantly since Hurricane Harvey. If you don’t do it right, you might face lawsuits, damages, and voided contracts.

At Pathways Property Lawyers, our Houston real estate lawyers have been practicing real estate law in Houston since the firm’s 1996 opening. We help buyers and sellers understand their legal obligations before, during, and after a transaction, and we can help you, too. Call us today at 832-364-6234 or fill out our confidential contact form for a consultation.

Now, let’s break down what the law requires, what the recent storms have changed, and what sellers in Harris County and the greater Houston area should understand before listing.

What Hurricane Harvey Changed About Seller Disclosure in Texas

Before Harvey made landfall in August 2017, Texas sellers were only required to disclose whether a property was within the 100-year floodplain. Harvey changed everything. The storm dumped more than 40 inches of rain over parts of Houston in four days, flooding an estimated 160,000 homes. Many of these homes were located in areas that had never flooded before, and that sat well outside any designated high-risk flood zone.

Afterward, the Texas Legislature passed House Bill 2858 (86R), which Governor Greg Abbott signed into law and which took effect September 1, 2019. The updated Texas Property Code Section 5.008 expanded what sellers must disclose on the Seller’s Disclosure Notice. The intent was that buyers should know what they are buying into, especially in a city as flood-prone as Houston.

It Was Not Just Harvey: Other Storms That Have Hit the Houston Area

Harvey is the most well-known storm, but it was hardly the last. Houston has taken repeated hits since 2017, and each one is relevant to disclosure obligations because it can establish flood history on a property.

Tropical Storm Imelda struck in September 2019, just weeks after the expanded disclosure law took effect. It dumped up to 43 inches of rain on parts of Southeast Texas and caused severe flooding across Harris and surrounding counties. Many properties that survived Harvey did not survive Imelda.

Hurricane Nicholas made landfall in September 2021 as a Category 1 storm along the Texas coast, bringing heavy rain and flooding to the Houston region and compounding damage for homeowners still dealing with the aftermath of the February 2021 winter freeze.

Then came 2024. In May, a powerful derecho (a fast-moving, straight-line windstorm) slammed Houston with winds exceeding 100 miles per hour. This storm knocked out power for more than 900,000 customers and caused significant flooding. Just weeks later, Hurricane Beryl made landfall near Matagorda Bay and directly over the Houston metro area. With sustained winds of 90 mph and 10 to 15 inches of rain, Beryl caused 2.7 million power outages, surpassing the record set by Hurricane Ike in 2008.

Each of these events created a new flood history. If a property was damaged or inundated during any of these storms, that history must be disclosed when the property is sold.

What the Texas Seller’s Disclosure Form Actually Requires

Texas Property Code Section 5.008 lays out what sellers must include on the Seller’s Disclosure Notice. The flood-related questions cover several specific categories. Here is a quick reference:

Two additional disclosure questions matter equally.

1. Sellers must indicate whether they have ever received FEMA or U.S. Small Business Administration (SBA) disaster assistance for flood damage on the property.
2. Whether the structure has experienced water intrusion from a natural flood event.

What the Disclosure Questions Are Really Asking

The form asks whether the seller is “aware” of the relevant flood conditions. That word matters. Texas law does not require sellers to conduct independent research before answering, but it does prohibit willful ignorance.

Red flags that may trigger scrutiny include:

• A prior flood insurance claim on the property’s address
• FEMA or SBA assistance paid out on the property after a named storm
• Flood damage repairs documented in permits or contractor records
• The property’s location within a known flood pool or reservoir zone

If a buyer later discovers that a seller was aware of flood history and failed to disclose it, they can bring a lawsuit. While they must prove the seller knowingly withheld the information, the consequences can include damages and rescission of the sale.

Flood Maps Are Not Static

One of the most frustrating things about flood disclosure in Houston is that the FEMA flood maps that define the 100-year and 500-year floodplains are outdated almost as soon as they are published. Harris County Flood Control District has been working in partnership with FEMA on a project called MAAPnext to update the county’s flood maps to reflect current rainfall data under NOAA’s Atlas 14 analysis. Those maps have been long in development.

In the meantime, many Houston properties sit in areas that should be designated higher risk but are not yet reflected on official maps. Some Houston real estate professionals point out that, based on actual rainfall patterns, what used to be the 500-year floodplain is now effectively the 100-year floodplain. That gap between map designation and real-world risk is exactly why the disclosure law now covers the 500-year floodplain, and why sellers should not assume a Zone X designation means their property has no flood story to tell.

If your property was flooded by Harvey, Imelda, Nicholas, Beryl, or the 2024 derecho, that history is material to a buyer’s decision, and it belongs on the disclosure form.

The Bottom Line for Houston Home Sellers

Houston has been battered by storms repeatedly since Harvey, and the pattern shows no signs of letting up. The Texas Legislature responded by strengthening disclosure requirements. That means sellers today carry more legal responsibility than they did a decade ago.

The good news is that disclosure done right protects you. A thorough, accurate Seller’s Disclosure Notice reduces your legal exposure, builds buyer confidence, and closes deals on solid ground. But filling it out correctly (especially when a property has a complicated storm history) takes careful attention to the law.

If you are selling a home in Houston or anywhere in Harris County and are unsure how to handle flood disclosure, talk to a real estate attorney before you list.

Contact Pathways Property Lawyers for Your Real Estate Case in Texas

At Pathways Property Lawyers, we help sellers complete accurate disclosures, buyers understand what they are signing, and clients on both sides protect their interests when flood history is part of the picture. Call us today at 832-364-6234 or fill out our confidential contact form for a consultation. Speak with one of our attorneys who knows Houston real estate law from the inside out.

Roger G. Jain

As long as I can remember, I have been inspired by courtroom drama. The story, regardless of who was fighting and for what cause, always came down to the very basic human traits of greed, jealousy, vengeance, deceit, ego, and pride. The skilled lawyer, always a good listener, could always find the heart of the case and convey it simply and eloquently to the jury and help the jury reach a just verdict. Read more here.