Real Estate

Small area of property is in flood zone - not originally disclosed

  • Last Updated:
  • Aug 10th, 2021 11:34 pm
[OP]
Newbie
Jul 25, 2021
1 posts

Small area of property is in flood zone - not originally disclosed

Hello RFD,

I've recently made a purchase on a home in the greater MTL region - and I was originally disclosed that the house properties were not in a flood zone.

However, upon land survey (original owner doesn't have original done) - it seems like a small sliver of the house is in the 100y flood zone. I believe that this may have been a result of the 2019 rezoning of the flood zone (doubt the sell was lying) - and functionally there is a retaining wall so we don't believe it should be an issue (it's also not on any flood maps)

However, as the information disclosed is different from the findings - question then comes - what shall I do? My realtor has suggested there can be some small negotiations made as it impacts not the functionality of the house but likely the resale value and future insurance costs. What is RFD's opinion about this?

Also - if there's a good place to ask this question - please direct me :)
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2 replies
Sr. Member
Dec 3, 2019
510 posts
464 upvotes
Ontario
It seems you still want the house but haven't closed yet?

Your argument to lower the price would be based on fundamental breach of contract and thus, choice not to close.
But with a seller's market and prices going up the buyer can probably just turn around and sell it for more.
Also, does the seller have another house lined and they need this to close as scheduled.

So negotiating a new price is not so much about damages (like extra insurance costs) but when they can sell it to the next guy for more.
Deal Addict
Apr 4, 2007
4086 posts
1599 upvotes
Montreal
Not an expert, but I don't see how that affects the property at all. The area in the flood zone is tiny and far away from the house (and not something that happens frequently). Also, that must be in the 10m protection zone (bande de protection riveraine) where you aren't permitted to do much anyway.

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