Due diligence before you buy a storm-repaired home
By Danielle L. Vaughn, Board Certified Real Estate Attorney
The listing photos look great. New kitchen, new drywall, fresh paint, and a price that seems almost reasonable for this zip code. What the photos do not show is who did the work, whether anyone pulled a permit, and what the building looked like in October 2024.
Two years after Helene and Milton, much of our local inventory has been repaired. Some of it beautifully and legally. Some of it by a guy with a truck.
Here is what to ask for before you close.
Start with the permit history. Pull it from the city; it is public record. Look for two problems. Unpermitted work means there is no record at all of repairs you can plainly see. Open permits mean the work was pulled but never inspected or closed out. Both become your problem the day you take title, and your lender and insurer will each have opinions.
Read the flood disclosure. Florida law now requires residential sellers to disclose prior flood damage, flood insurance claims, and federal disaster assistance, at or before the contract is signed. Fla. Stat. ยง 689.302. If the form comes back blank on a property that sat in four feet of water, ask why.
A clean coat of paint is not a clean permit history.
Get the elevation certificate and the claims history. Both follow the property rather than the seller, and both drive what you pay to insure it for as long as you own it.
Then ask what most buyers never think to ask: was there a substantial improvement or substantial damage determination on this property? If post-storm repairs crossed FEMA’s 50 percent threshold and the structure was never brought into compliance with current floodplain code, the obligation to elevate does not vanish at closing. It transfers to you.
Florida law helps, but only partly. Under Johnson v. Davis, a seller must disclose known defects that materially affect value and are not readily observable. That is real protection, and it is also a lawsuit after the fact. Diligence before closing is cheaper than a claim after it.
None of this makes a storm-repaired home a bad buy. Plenty are excellent buys, and much of the work is better than what it replaced. But the inspection period exists for a reason, and on this island it deserves more than a walkthrough.
Buying on the beach this season? Have someone review the property before you sign the contract. Vaughn Law, PLLC, Corey Avenue, St. Pete Beach. Call (727) 223-6080 or visit dvaughnlaw.com.