Should You Disclose King Tide Flooding When You Sell Your Miami Home?
Florida's flood disclosure form only asks two things: whether your home sits in a FEMA Special Flood Hazard Area, and whether you've filed an insurance claim. It does not ask about king tide flooding, the seasonal tidal flooding that swamps low-lying streets in Coral Gables and other Miami-Dade neighborhoods with no rain at all. If you know your street floods on king tides and say nothing, Florida's older Johnson v. Davis disclosure law can still hold you responsible, form or no form.
By Lynley Ciorobea | August 19, 2026
Three months after closing on her Florida home, a buyer named Samantha Fischetti woke up to three feet of water inside it, according to a WLRN and Pulitzer Center investigation into the state's flood disclosure gaps. Nobody had told her it had flooded before. Under Florida law, nobody had to. The rule that governs this goes back forty years, to a state Supreme Court case, and it still leaves most of the judgment call to the seller.
Miami-Dade sellers run into a narrower version of that same gap every fall. The FD-2 disclosure form, in place since October 2024, checks two boxes: FEMA flood zone status, and past insurance claims. King tide flooding, the twice-a-year run of unusually high tides that pushes water into streets, yards, and garages with a clear sky overhead, isn't on either checklist. It's not on FEMA's maps at all. FEMA's own data shows roughly 30% of national flood claims come from outside its designated high-risk zones, and king tide flooding is a big part of why.
Coral Gables doesn't hide from this. The city runs its own King Tides webpage, tracks a stormwater and sanitation resilience fund that's grown to nearly $10 million on its way to a targeted $100 million by 2040, and has a Resilient Florida-funded drainage project underway on SW 37 Avenue between Coral Way and SW 20 Street. None of that shows up on a standard FEMA lookup. Miami-Dade's own flood map tool buries the relevant data too: there's a separate "flood frequency" tab, distinct from the FEMA zone layer, that shows which streets flood most often during king tides, and almost nobody clicks past the first tab to find it.
Why the form isn't a safe harbor
Here's the part sellers miss. Completing the FD-2 form correctly doesn't end your disclosure obligation. Johnson v. Davis, the 1985 case that still governs Florida real estate, created a separate rule: if you know about something that materially affects your home's value, isn't obvious to a buyer walking through, and the buyer doesn't already know it, you have to say so. That duty exists whether or not a FEMA zone applies to your property. If your street has flooded on king tides every October for the past five years and you check "no" on the FEMA box and move on, you haven't actually satisfied the law. You've just satisfied the form.
This matters most for homes just outside the mapped high-risk zones, which describes a fair number of properties in Coral Gables and other low-lying pockets of southern Miami-Dade. A property that's technically Zone X can still take on water during a strong king tide season, and a buyer who only checked the FEMA layer has no way of knowing that going in.
Three things actually protect you here:
Pull the flood frequency layer, not just the FEMA zone, before you list. Miami-Dade's flood map has both. The Flood Zone Hotline (305-372-6466) can also confirm what the county's data shows for your specific address.
Write down what you actually know, in plain language, even if the form doesn't prompt for it. A short paragraph describing what you've observed protects you far more than a technically-correct but incomplete checkbox.
Get ahead of it with pricing and marketing, not just paperwork. A buyer who learns about nuisance flooding after an offer feels deceived. A buyer who learns about it before they offer is just pricing it in.
None of this means a home near Coral Gables' waterways is unsellable. It means the conversation happens on your terms, before a buyer's attorney or a home inspector brings it up for you. That's a very different negotiating position. If your street runs low or you've noticed water after a big tide, it's worth a conversation with your Coral Gables agent about how to document it well before you write the disclosure form, not after a buyer asks a pointed question mid-contract. This is the same instinct that matters on the FD-2 form itself: the flood disclosure rules Miami sellers already have to follow set the floor, not the ceiling, on what you should actually say.
Frequently Asked Questions
Does Florida's flood disclosure form ask about king tide flooding?
No. The FD-2 form only asks whether your property sits in a FEMA Special Flood Hazard Area and whether you've filed a flood insurance claim. King tide flooding, which is tidal rather than rain-driven, isn't covered by either question or by FEMA's flood maps.
Am I required to disclose flooding if my home isn't in a FEMA flood zone?
Yes, if you know about it. Johnson v. Davis creates an independent duty in Florida to disclose known material facts, including a history of flooding, regardless of whether the property falls inside a mapped flood zone. The FD-2 form doesn't replace that duty.
How can I check if my street floods during king tides?
Miami-Dade's flood map tool has a separate "flood frequency" tab, apart from the standard FEMA zone layer, that shows areas prone to king tide flooding. You can also call the county's Flood Zone Hotline at 305-372-6466 to ask directly about a specific address.
Does being in Coral Gables mean my home will flood?
No. Coral Gables is a large city with a wide range of elevations, and most properties never experience tidal flooding. The city's own resilience planning and stormwater investments target the specific low-lying areas that do see it, which is exactly why checking your actual street, not just your zip code, matters.
Can a buyer back out if they find out about king tide flooding after closing?
They can't undo a closed sale, but they can pursue a Johnson v. Davis claim against a seller who knew about a flooding history and didn't disclose it. That's a real legal and financial exposure worth avoiding by being upfront before the contract is signed.
If your home sits somewhere that's seen water after a big tide, let's talk through how to document it and price it before it becomes a mid-contract surprise for someone else. Reach out anytime.
About Lynley Ciorobea
Lynley Ciorobea is a Miami-born real estate professional known for helping homeowners successfully prepare, position, and sell their homes across Coral Gables, South Miami, Pinecrest, Palmetto Bay, and the surrounding southern Miami neighborhoods. Since 2007, she has built her business around thoughtful strategy, strong negotiation, and a marketing-first approach designed to help listings stand out in an ever-evolving market.
A true local, Lynley grew up in Pinecrest and graduated from Palmer Trinity School before attending Duke University, where she earned a BA in Psychology. Her deep roots in Miami give her a nuanced understanding of the architecture, lifestyle, and character that make each neighborhood distinct. From classic Old Spanish homes in Coral Gables to newer construction in South Miami and Pinecrest, she brings a local perspective that goes far beyond surface-level market knowledge.
Over the years, Lynley has naturally become a trusted resource for homeowners preparing to sell. Many of her clients come to her long before their home ever hits the market, looking for guidance on timing, pricing, improvements, and how to position their property thoughtfully. She approaches each listing as a strategic launch rather than a simple transaction, combining market insight, negotiation experience, and elevated marketing to help sellers move forward with clarity and confidence.
As the founder of the Lynley Residential Group, Lynley remains personally involved in every listing she represents. She leads each transaction from initial strategy through closing, ensuring that every detail — from pricing and preparation to storytelling and exposure — reflects the uniqueness of the home itself. Her work often centers on architecturally interesting properties and homes where thoughtful positioning can make a meaningful difference in outcome.
Throughout her career, Lynley has consistently ranked among the top real estate agents in Miami. She has been recognized as part of EWM's Chairman's Club, placing in the top 5% of the company; in 2022 she was honored as the #2 individual agent at the company overall with $37 million in annual sales; and she's a leader in Miami with Real Broker. With more than $100 million in career transactions and more than 60 5-star Google reviews, her experience spans a wide range of property types while maintaining a strong focus on seller representation in southern Miami.
Beyond her work with clients, Lynley is known locally for her market insight and community-focused content. Through her weekly newsletter, neighborhood videos, blog posts, and social media, she shares thoughtful perspectives on the Miami real estate market and the lifestyle that surrounds it. Her approach is informative without being overwhelming, offering homeowners a clear understanding of how market conditions affect real decisions.
If you're preparing to sell a home in Coral Gables, Coconut Grove, South Miami, Pinecrest, Palmetto Bay, or nearby areas, Lynley offers a local perspective shaped by experience, relationships, and a genuine understanding of what makes Miami homes so special. Learn more at lynleyresidential.com.