i purchased my brand new home in indiana in august 2008. my purchase agreement states if the property requires flood insurance i had the right to back out. the developer realtor and builder of our subdivision are all one family. after living in my home for 6 weeks the property flooded, the street out front was 2 to 3 feet deep and i got some water in the crawl space. i contacted the county building and development dept and was told the property is in a floodplain requiring flood insurance, and the home should not of been built there. the plat states the subdivision is not in the flood hazard area based on a letter from FEMA from 1981. I have since found out that FEMA has never done flood maps for my town. I contact the department of natural resources and have found out that it was designated floodplain back in 1984 by the United States Dept of Agriculture. I obtained this map from the DNR the county and the town hall along with a flood insurance study done for our town by the DNR for FEMA in 2004, and they show my home and others 100% in the 100year floodplain. shouldn`t the realtor builder and developer known this info before building. the permit for my home also states not in a flood hazard area. based on this info, my home is not built above the base flood elevation and is not built to town ordinance of the guidelines of FEMA and the national flood insurance program. the realty agent also was asked twice about flooding and said there were no concerns. what should i do
i already checked and there are no elevations listed on the survey even the county commissioners said they could not of built there. i was able to get elevations from google earth and the county surveyor, along with BFE from the DNR and they show the property 18 inches below the BFE. The surveyor of the plot stated he never pulled elevations only subdevided.
well all the information that i have shows it in a 100 year floodplain and i have been gathering evidence for the past 16 months and can prove all that are involved should have known of the current information. You can`t misrepresent information that is known on propperty in indiana that u sell
how can some one not inform someone else of known documented condition of a home they are selling, it doesn`t matter if it is a FEMA map or State agence map it is still a Floodmap.
according to FEMA and the national flood insurance program there should have been a elevation certificate done on the home and also never was. i obtained documents from the town hall after them making me wait 2 months and they could not provide all the permits that should have been required for the home either it doesn`t even have a well permit, which is required by state law.