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VT LEG #379814 v.1
H.106 1
Introduced by Representative Stevens of Waterbury 2
Referred to Committee on 3
Date: 4
Subject: Property; conveyance of real estate; floodplain disclosure 5
Statement of purpose of bill as introduced: This bill proposes to repeal the 6
requirement that a seller of real property notify a purchaser whether the 7
property is located in a Federal Emergency Management Agency mapped 8
flood hazard area. 9
An act relating to selling real property within a FEMA mapped flood hazard 10
area 11
It is hereby enacted by the General Assembly of the State of Vermont: 12
Sec. 1. 27 V.S.A. § 380 is amended to read: 13
§ 380. DISCLOSURE OF INFORMATION; CONVEYANCE OF REAL 14
ESTATE 15
(a) Prior to or as part of a contract for the conveyance of real property, the 16
seller shall provide the buyer with the following information: 17
(1) whether the real property is located in a Federal Emergency 18
Management Agency mapped special flood hazard area; [Repealed.] 19 BILL AS INTRODUCED H.106
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(2) whether the real property is located in a Federal Emergency 1
Management Agency mapped moderate flood hazard area; [Repealed.] 2
(3) whether the real property was subject to flooding or flood damage 3
while the seller possessed the property, including flood damage from 4
inundation or from flood-related erosion or landslide damage; and 5
(4) whether the seller maintains flood insurance on the real property. 6
(b) The failure of the seller to provide the buyer with the information 7
required under subsection (a) of this section is grounds for the buyer to 8
terminate the contract prior to transfer of title or occupancy, whichever occurs 9
earlier. 10
(c) A buyer of real estate who fails to receive the information required to be 11
disclosed by a seller under subsection (a) of this section may bring an action to 12
recover from the seller the amount of the buyer’s damages and reasonable 13
attorney’s fees. The buyer may also seek punitive damages when the seller 14
knowingly failed to provide the required information. 15
(d) A seller shall not be liable for damages under this section for any error, 16
inaccuracy, or omission of any information required to be disclosed to the 17
buyer under subsection (a) of this section when the error, inaccuracy, or 18
omission was based on information provided by a public body or by another 19
person with a professional license or special knowledge who provided a 20 BILL AS INTRODUCED H.106
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written report that the seller reasonably believed to be correct and that was 1
provided by the seller to the buyer. 2
(e) Noncompliance with the requirements of this section shall not affect the 3
marketability of title of a real property. 4
Sec. 2. FAILURE TO DISCLOSE; CONVEYANCE OF REAL ESTATE; 5
REPEAL 6
A claim arising from the failure of a seller of real estate to provide 7
information required by 27 V.S.A. § 380(a)(1) or (2) shall not be eligible for 8
damages, including punitive damages, or reasonable attorney’s fees under 9
27 V.S.A. § 380(c). 10
Sec. 3. EFFECTIVE DATES 11
This act shall take effect on passage, except that, notwithstanding 1 V.S.A. 12
§ 214, Sec. 2 shall apply retroactively to June 17, 2024 and shall apply to any 13
claim filed on or after June 17, 2024. 14