Q: With all the heavy rain, our backyard flooded. So now our crawl space has standing water, with the crawl space vents just above the backyard patio. Our backyard is flat until there’s a 45-degree incline that reaches our neighbor’s property. Bummer for us, it never dawned on us to buy flood insurance. 

We purchased the home during the summer, and we’ve since reviewed the home seller disclosures. There’s no mention of ponding water or rainwater runoff issues from the properties above us. But now there’s a bunch of storms coming our way, and we’re midway through the rainy season. We called the remediation companies, but they can’t accommodate us now, so tomorrow my father-in-law will set up a sump pump in the crawl space. Making matters harder, we’re worrying about mold in the crawl space from all the flooding. 

We are first-time buyers, but we feel like we shouldn’t be alone in dealing with these issues. Should we get the home sellers and the real estate agents involved?  

A: Real estate attorneys remind us that failure to disclose cases, aka “bad house cases,” rotates around the concept that “the seller knew or should have known” about an issue. For instance, the neighbor(s) above you could have landscaped over the summer and installed improper drainage, diverting any future excessive rainfall downhill to your backyard.

Those remediation companies are busy working with properties that had water enter homes and businesses. In the meantime, do what you can to get water out of your crawl space and make appointments with remediation companies in the future. You’ll just need to get on their waitlist(s).

Ponding water under or adjacent to a house comes with expensive ramifications. You’ll need foundation and drainage experts on-site as soon as possible. Another set of professionals could be a landscape architect and a landscaper. Work as a team with the neighbor(s) above, and you’ll speed up eliminating your backyard and crawl space flooding. Your situation provides more proof that homeowners and business owners should investigate investing in flood insurance outside a designated flood zone.

Regarding the real estate agents involved in your home sale, the National Association of Realtors (NAR) has video training stating, “So when counseling buyers about flood insurance, remember that flooding can happen anywhere. Recommend that buyers do their own due diligence, but avoid telling buyers that flood insurance isn’t required or advisable.” Since flooding is considered a material fact in a real estate transaction, a real estate attorney is the last professional to consult.

Questions, concerns or inquiries? Realtor Pat Kapowich is a Certified Real Estate Brokerage Manager and career-long consumer protection advocate. His hometown of Sunnyvale, California, is where he is based. Office Landline: 408-245-7700, Pat@SiliconValleyBroker.com Broker# 00979413 www.SiliconValleyBroker.com