We are excited to share that our BeachesMLS disclosure form for tidally influenced areas is now available. The form was created in light of recent Broward County and Delray Beach ordinances and can be found within Form Simplicity and TransactionDesk on your Realtor® Dash.

Why is this form being released?

Certain areas/ ordinances require a disclosure in any contract for the sale of real estate located in tidally influenced areas.

What is a tidally influenced area?

It has been defined as “the real property adjacent to, or affected by, a waterway with water level changes in response to the daily tide.” For example, see Code of Broward County here. Check your local ordinance for an exact definition.

What is required?

If applicable to your area, in any contract for the sale of real estate located in tidally influenced areas, the seller shall include in the contract, or a rider to the contract, the following disclosure in not less than 14-point, capitalized, bold-faced type:

Broward County:

THIS REAL ESTATE IS LOCATED IN A TIDALLY INFLUENCED AREA. THE OWNER MAY BE REQUIRED BY COUNTY OR MUNICIPAL ORDINANCE TO MEET MINIMUM TIDAL FLOOD BARRIER ELEVATION STANDARDS DURING CONSTRUCTION OR SUBSTANTIAL REPAIR OR SUBSTANTIAL REHABILITATION OF SEAWALLS, BANKS, BERMS, AND SIMILAR INFRASTRUCTURE OR WHEN REQUIRED TO ABATE NUISANCE FLOODING.

See Code of Broward County here

City of Delray Beach:

THIS REAL ESTATE IS LOCATED IN A TIDALLY INFUENCED AREA. THE OWNER MAY BE REQUIRED BY COUNTY OR MUNICIPAL ORDINANCE TO MEET MINIMUM TIDAL FLOOD BARRIER ELEVATION STANDARDS DURING CONSTRUCTION OR SUBSTANTIAL REPAIR OR SUBSTANTIAL REHABILITATION TO THE PROPERTY OR THE SEAWALLS, BANKS, BERMS, AND SIMILAR INFRASTRUCTURE OR WHEN REQUIRED TO ABATE NUISANCE FLOODING.

See Code of Ordinances City of Delray Beach here

What areas are affected/ does this apply to?

Check your local ordinance to confirm applicability; however, Broward County and Delray Beach currently have ordinances addressing such disclosures. See Broward County’s map of tidally influenced areas

Still have questions? Contact the Legal Hotline

This information is provided for educational purposes only and should not be construed as legal advice or representation and should not be relied upon as such. Broward, Palm Beaches & St. Lucie Realtors® and its affiliated companies cannot provide legal advice or opine about the specifics of your situation.