iowa floods, flood zones
& disclosures

Gourley, Rehkemper & Lindholm PLC - Attorneys At Law

iowa real estate & Property Damage Attorneys

If you live in Iowa you have seen firsthand what severe weather and flooding can do to an area.  If you haven’t seen it first hand you can tune into the local news or even run a brief search on You Tube to see flood waters in action.  http://www.youtube.com/watch?v=CRM3KOHOHqk.

Most recently, the rains and flooding throughout the state of Iowa including Des Moines, Ames, Waterloo, Cedar Falls, Iowa City, Cedar Rapids, Mason City and the surrounding areas have an ever increasing number of people are asking:  “Should I have been notified at some point that my home was at risk to flood?”  “Why was I not required to have flood insurance?”  “Is my house in a designated flood zone or flood hazard area?” “What damage caused by flooding or elevated water levels will my insurance company cover?”  “Why won’t my insurance company cover my losses caused by a flood?”  There are a million of questions that immediately come to mind when a person witnesses their home and most intimate possessions being ravaged by rising flood waters.  As time wears on, often the utter sense of grief gives way to frustration and anger and a desire and need for answers.  The questions turn from why and how to what can be done.  The questions become:  “What can I do if I was not informed that my house is located in a flood zone or flood hazard area or what can I do if it was misrepresented to me that my house was not located in such an area?”  Where do I look for answers?  What documents will tell me whether or not the seller, bank, real estate appraiser, or other potentially responsible person is being truthful when they claim that they “notified” me that my house was in a flood hazard are?” 

Iowa & Federal Law Requires Disclosures

disclosures legally required

Unfortunately, these questions are all too often asked when flood disaster strikes and homes and priceless possessions are lost in flood waters.  Property owners, having been denied insurance coverage and federal aid are left with a pile of ruins and nowhere to turn.  For this reason, both Iowa and Federal law require that the purchaser of property be notified if their property and/or physical residence or house is located within a FEMA flood hazard area prior to the purchase being finalized.   The Federal Emergency Management Agency or FEMA, as it is often referred to, is responsible for conducting research and designating those areas that are at special risk to flood.  Often times these areas are designated with labels such as 100 year flood way, 100 year flood way fringe and even 500 year flood way.  The purpose of this research and corresponding designations is to ensure that proper insurance is in place to protect the property of individuals residing in those areas as wells as the banks that loan the money and provide the mortgages for these properties.  For example, if a house or permanent structure is located within a FEMA flood hazard area, federal law actually requires that flood insurance be in place prior to the purchase of the property being finalized.  If your house is located within a FEMA flood hazard area or flood zone and the property flood insurance is not in place there is a possibility of even the federal government denying the flood victims federal disaster relief money that otherwise would be available to assist the homeowners in their recovery efforts.  Additionally, these designations and disclosure requirements serve to warn and notify potential buyers of the properties risk for flooding so that the consumer can make an informed decision on whether or not they want to purchase the property and if so at what value. 

From the seller, to the real estate appraiser, to the bank (or mortgage provider, called the mortgagee, at least three parties to a real estate transaction are required to make a good faith effort to determine and disclose to potential buyers whether or not a property is located within a FEMA flood hazard area or flood zone.  A breach of this duty can result in damages being awarded against these parties.  Just this past year, the attorneys at Gourley, Rehkemper & Lindholm were able to secure a jury verdict for their client, a home buyer, against a home builder, real estate appraiser and bank totaling $240,000 for a breach of these duties.  Failure to disclose and/or conduct the required investigation and searches necessary for this disclosure is a serious matter and those that suffer as a result deserve and are entitled to be compensated for their losses.  Know your rights and exercise your rights!  Don’t let those that profit from intentional or negligent misrepresentations avoid liability for their wrongdoing while you suffer as a result.

To find the FEMA special flood hazard area maps for your city log onto:
http://msc.fema.gov/webapp/wcs/stores/servlet/FemaWelcomeView?storeId=10001&catalogId=10001&langId=-1

know your rights * exercise your rights * preserve your freedom

If you have been displaced from your home due to floods and have been told by your insurance company that there is nothing that they can do, they may be right, but there is plenty that the injury attorneys at Gourley, Rehkemper & Lindholm can do. We are Attorneys Cory Gourley, Robert Rehkemper, Matt Lindholm, and Scott Michels. Our meticulous investigation skills, quick response, and extensive experience in representing people in same situation will help you when you need it the most.

Contact us today for a free initial consultation regarding your home and the losses you have sustained due to flooding and water damage.

Helpful Information:

A Three Part Series - Flood Notification

From our offices in Des Moines, Iowa, we give high-quality representation to people throughout the State of Iowa, including Polk, Warren, Dallas, Boone, Story, and Marion counties, and the cities of Des Moines, Ames, Indianola, Adel, Boone, Nevada, Urbandale, West Des Moines, Waukee, and Knoxville