"We Are Planning To Sue The Sellers..."

Real Estate Agent with Keller Williams - BV 581856


I hosted an open house yesterday in a Coles Crossing home that has (thankfully) never flooded.  However, one of my open-house visitors was a homeowner whose Cypress home DID flood during Harvey.  She told me her current home DOES lie in the floodplain, but they did not realize it when they purchased.  "We are planning to sue the sellers for failure to disclose they were in a floodplain," she told me.


My first thought was, "It IS possible that the flood maps have changed since the sellers purchased the home."  I also thought to myself, "Why didn't your REALTOR® inform you that the home you wished to purchase was in the floodplain? Or your insurance company?"  It will be interesting to see how their case turns out. I am thinking perhaps they were on the edge of a floodplain, but not actually IN a floodplain.



Flood Plane Map of Bedford Falls in COLES CROSSING


I emailed her today to thank her for visiting my open house, and I sent her a link to a tool I have used for years when working with buyers -- The Harris County Flood Education Map . Flood maps DO change, and it is so important to be "in the know" when it comes to your next home purchase!


Sonja Patterson
Executive Real Estate Services
750 William D Fitch Suite 430
College Station, TX 77845
Cell: 713.303.9463







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Jeff Dowler, CRS
Solutions Real Estate - Carlsbad, CA
The Southern California Relocation Dude


I’d be surprised if there weren’t plenty of other sources of information about being in a floodplain or an area of potential flooding during their due diligence. No doubt there are others who experienced recent flooding who might be in a similar situation. Who knows what the reality is!


Oct 30, 2017 05:43 PM #1
William Feela
Realtor, Whispering Pines Realty 651-674-5999 No.

I have had banks say that the property is int he flood plain.  Funny they never searched it out

Oct 30, 2017 06:19 PM #2
Kate McQueen
CB&A Realtors - Cypress, TX
Tailored service for your real estate needs!

It's also possible that Harvey was the issue, not so much a floodplain issue.  More rain fell during this storm than any other in recorded history.  I've heard a variety of claims from homeowners that experienced flooding, "All that new construction ..... caused all the floodwater to flood our homes.  The builders fixed it that way, so the water would drain into our neighborhood"  I've heard this from homeowners in the Cypress area and as far away as League City.  

But concerning the visitor at your open house, I do hope that they didn't talk to an unscrupulous attorney that convinced them to file a frivolous suit.  It happens in events like this.  If they have a solid case, I wish them luck but this sounds unlikely since it's almost impossible not to know that your home is in a floodplain these days.  This is especially true if you mortgaged the home.

Jan 16, 2018 11:01 AM #3
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Sonja Patterson

Texas Monthly 5-Star Realtor Recipient for the Hou
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