Selling a Storm or Hurricane Damaged House in Florida: Claims, Disclosure, and Options

After a hurricane, many Florida owners face the same hard choice. Fix the house and stay, fix it and sell, or sell it the way it is. There is no single right answer. This guide covers the insurance, disclosure, and permit rules that matter, and how each sale option fits a damaged home.

First, Protect the House and Your Claim

• Stay safe. Do not enter a home with structural, electrical, or gas hazards.
• Take photos and video of every room, the roof, and the outside before you clean up.
• Stop more damage. Tarp the roof and dry things out if it is safe. Save receipts.
• Report the claim quickly. More on deadlines below.
• Keep paying the mortgage and tell your servicer about the damage. Insurance checks may be made out to your lender too.

Florida Insurance Claim Rules to Know

Claim deadlines

Under Florida Statute 627.70132, notice of an initial or reopened property claim must be given within 1 year after the date of loss. A supplemental claim, for damage you find later, must be noticed within 18 months. Your policy may have its own notice rules, so read it.

How long the insurer has

Florida Statute 627.70131 says the insurer generally must pay or deny a claim, or a part of it, within 60 days after it gets notice of the claim.

Assignment of benefits changes

For years, many Florida owners signed an “assignment of benefits,” or AOB, that let a contractor deal with the insurer and collect the claim money. Florida changed this. Under Florida Statute 627.7152, for residential policies issued on or after January 1, 2023, a policyholder may not assign post-loss benefits to a person providing services, like a roofer or water mitigation company. An attempt to do so is void.

The statute lists exceptions. One is a transfer to a later buyer of the property who has an insurable interest after the loss. That means a claim may be able to move with the house in some cases. Your policy terms and your lender still matter, so get advice before you count on it.

Watch for contractor tricks

Florida Statute 489.147 bars contractors from offering gifts, cash, or a waived deductible in exchange for a roof inspection or claim. It also bars them from interpreting your policy or adjusting your claim unless they are licensed as a public adjuster. If someone at your door offers to “handle everything,” be careful.

If you need help with a claim, the Florida Department of Financial Services runs an Insurance Consumer Helpline at 1-877-693-5236 and offers mediation and neutral evaluation services.

Your Duty to Disclose Damage

Florida does not let sellers hide known problems. In Johnson v. Davis (1985), the Florida Supreme Court held that when a seller knows of facts that materially affect the value of a home, and those facts are not readily observable or known to the buyer, the seller must disclose them.

For storm damage, that can include roof leaks, water intrusion, mold you know about, structural damage, and repairs that were never finished.

Florida’s flood disclosure

Florida Statute 689.302 requires a seller of residential property to give the buyer a flood disclosure at or before the time the contract is signed. It asks whether you filed a flood insurance claim, including with the National Flood Insurance Program, and whether you got federal flood help, such as from FEMA. Florida Realtors reports that since October 1, 2025, sellers must also disclose whether they know of flood damage to the property during their ownership.

“As is” does not mean “hide it”

An as is sale means the buyer takes the home in its current condition and you will not make repairs. It does not erase your duty to disclose what you know. Be honest in writing. It protects you.

Permits and the FEMA 50 Percent Rule

Repairs usually need permits

Structural repairs, roofs, and major electrical or plumbing work generally need a permit. Hillsborough County, for example, says any rebuilding or structural repairs in a special flood hazard area require a permit. Use licensed contractors and check their license and insurance first.

If you pull an owner-builder permit and then sell, know this. Florida Statute 489.103 says a sale within 1 year after the work is completed creates a presumption that the work was done for sale, which can affect the owner-builder exemption.

Open permits can stall a closing

A Florida real estate law firm notes that open or expired permits can show up in a municipal lien search and cause closing delays or renegotiation. Ask your building department about any open permits on your address before you list.

The 50 percent rule

In flood zones, if the cost to repair equals or exceeds 50 percent of the building’s market value, the whole structure must meet current floodplain rules. That can mean elevating, moving, or demolishing and rebuilding. Your local floodplain office makes the call. This rule can change the math on whether to repair or sell.

How Each Sale Option Fits a Damaged Home

Cash sale, as is

Good when repairs are large, permits are complex, or you cannot carry the house during a long rebuild. You skip contractors and inspections for retail buyers. The price reflects the damage, so compare your net with care. See cash vs listing vs terms.

Repair and list, or a 1% listing

Good when damage is moderate and the repaired home would sell well. With a 1% listing, we list the home on the MLS through our licensed partner brokerage. You decide whether to repair first, often with insurance money, or to list it as is. It takes longer than cash.

Subject to the existing mortgage

Can fit when you owe close to the home’s value and have a low rate loan. The buyer takes over repairs and payments, but the loan stays in your name, and insurance and lender rules must still be met. Read our subject-to guide for the due-on-sale risk.

Seller financing

Can fit when the home is paid off and you want monthly income. The buyer handles repairs and pays you over time. Use an attorney for the note and mortgage.

How HOMKEYS Approaches Storm Damaged Homes

HOMKEYS LLC buys homes across Florida, including homes with roof, water, wind, and flood damage. We look at the home, your claim status, and your loan, then show you the options that fit, side by side: cash as is, creative terms like subject-to or seller financing, or a 1% listing through our licensed partner brokerage. Every closing goes through a licensed Florida title company. We are not adjusters or attorneys, and we cannot promise a price or closing date before we inspect the home.

Subject to qualification, property inspection, and transaction terms.

We buy in storm affected areas including Port Charlotte, Fort Myers, Pensacola, and Spring Hill. Share a few details about your home or call us at (305) 914-4191.

Frequently Asked Questions

Not legal advice. This guide is general information about Florida home sales. Laws change and every situation is different. Talk with a Florida attorney, tax professional, or insurance professional about your own case before you sign anything.

⌂ Equal Housing Opportunity. HOMKEYS LLC does not give legal or tax advice. Talk with a Florida real estate attorney or tax professional about your situation.