Flood Disclosures Take Center Stage as Massachusetts Faces a Wetter Future

For 35 years, Denise Kress has woken up to the natural beauty of Belle Isle Marsh just beyond her Winthrop backyard. But the marsh, once a peaceful view, has increasingly become an unpredictable force of nature — one capable of swallowing cars, flooding basements, and turning daily life into a never‑ending battle with water.

Kress has endured totaled vehicles, ruined heating systems, and even hotel stays after her basement froze over in 2018. Yet, she remains — comforted by the same marsh that challenges her. Still, she wonders what will happen the day she eventually sells her home.

“I would want the next owner to know,” she says. “People have a right to know.”

A Push for Flood Transparency

As climate conditions worsen, Massachusetts Gov. Maura Healey is pushing a proposal that could reshape property transactions statewide: mandatory flood disclosures. With Massachusetts being one of only 14 states — and just three on the coast — with no disclosure requirements, the goal is simple: ensure buyers understand the risks before signing on the dotted line.

The proposal is part of Healey’s nearly $3 billion environmental bond bill aimed at updating dams, stormwater systems, and coastal defenses. But for real estate professionals, the disclosure requirement is the real game‑changer.

A Divided Real Estate Landscape

Support for the proposal comes from the business community, insurance experts, and municipalities. But one major player remains hesitant: the real estate industry.

The Massachusetts Association of Realtors argues that the rule disrupts the traditional “buyer beware” structure, shifting more responsibility onto sellers. Others believe the focus should be on increasing housing availability before adding major regulatory changes.

Still, economists — including Redfin’s chief economist — say disclosures create a more stable and trustworthy housing market.

Real Lives, Real Consequences

The debate isn’t theoretical. Former Salem homeowner Carole McCauley faced the issue firsthand after a 2011 storm flooded her basement with three feet of water, destroying her sump pumps, water heater, and car. When selling her home later, she did not disclose the flood history.

“I felt like a real jerk,” she admits — an all‑too‑common dilemma when laws don’t require transparency.

The Road Ahead

Healey’s proposal now enters the legislative arena next year, raising major questions about transparency, safety, and the future of homeownership in a rapidly changing climate.

As one flood expert describes it, avoiding flood disclosure is like playing “a perverse game of musical chairs.” Eventually, someone gets stuck with a home that floods too often to sustain.

What This Means for Real Estate Professionals

Mandatory flood disclosures could reshape Massachusetts’ real estate environment. For anyone pursuing or maintaining their real estate license, understanding these shifts is essential.

At Cameron Academy, we emphasize ethical representation, consumer protection, and staying ahead of industry‑wide changes. For new and seasoned professionals alike, knowledge of flood disclosure laws helps build trust and elevate your practice.

To explore the original reporting behind this story, visit Commonwealth Beacon: commonwealthbeacon.org