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Bill

S 753

Relates to the definition of medical debt

2025 Regular Session Introduced by Gustavo Rivera

Requires standardized flood risk disclosure to buyers, renters, and lessees, with mandatory form and receipts to inform about flood history and insurance requirements.

SIGNED CHAP.78
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Bill Summary · S 753

Summary — S.753 (An Act enhancing homebuyer awareness by providing notice to persons purchasing property in a flood zone)

Status: Signed into law (Chapter 78). Filed as Senate Docket No. 1037; presented by Sen. Dylan A. Fernandes. Delivered to Governor Feb 12, 2025; signed Feb 14, 2025.

Purpose / Intent

To increase awareness and transparency for prospective purchasers, lessees and renters about flood risk and flood insurance requirements for residential property by requiring standardized written notice about flood hazards and flood-insurance history.

Key provisions

  • Adds Section 70 to Chapter 183 of the Massachusetts General Laws.
  • Definitions: establishes terms used in the section, including FEMA, flood insurance rate map, flood zone, “premises” (residential property/dwelling unit), and a broad definition of “owner” (includes title-holders, agents with control, estates/trusts, condominium associations; excludes secured lenders until they acquire title and possession).
  • MEMA role: directs the Director of the Massachusetts Emergency Management Agency (MEMA) to prepare a standard notification form and any supporting materials to inform prospective purchasers, lessees, and renters about flood hazards.
  • Required content of the form must include, at minimum:
    • Whether flooding has previously occurred on the premises and, if so, frequency and any National Flood Insurance Program (NFIP) or private insurance claims filed.
    • Whether the premises lie in a FEMA-defined Special Flood Hazard Area on the FEMA flood insurance rate map (FIRM).
    • The FEMA zone designation for the premises and the most recent FEMA description of risk for that zone.
    • Whether any mortgagor has required the owner to purchase flood insurance.
    • Whether receipt of federal disaster or flood assistance (e.g., FEMA or SBA) has created an obligation to maintain flood insurance.
  • Delivery timing and duties:
    • Sellers must provide the form to a prospective purchaser prior to accepting an offer.
    • Owners leasing property with an option to purchase must provide the form before signing the lease-option agreement.
    • Owners renting premises must provide the form before entering into a tenancy agreement or signing a lease; the owner must also supply two copies of a signed receipt/certification acknowledging the tenant received the materials (one copy retained by tenant, one by owner). The certification may be included in the lease.
    • Sellers and any real estate agent/salesperson/broker involved must disclose any known flooding history or flood-insurance history in addition to the form.
  • Enforcement and penalties:
    • Failure to comply subjects the owner or real estate professional to liability for damages caused by the failure and a civil penalty of up to $1,000 per violation.
    • Violations by persons engaged in trade or commerce are treated as unfair or deceptive acts under G.L. c. 93A.
    • Real estate agents/salespersons/brokers are not liable for fraud committed by or on behalf of the owner (the statute shields agents from owner fraud claims in this context).

Who is affected

  • Prospective homebuyers, renters, and lessees (including lease-with-option buyers).
  • Property owners and landlords selling, leasing, or renting residential property.
  • Real estate agents, brokers, and salespersons involved in transactions.
  • MEMA, which must create and publish the standard notification form and materials.
  • Potentially insurers and mortgage lenders (indirectly) through increased disclosure of insurance history and mandatory insurance requirements.

Practical effects and considerations

  • Prospective occupants will receive standardized information about flood risk and prior flood claims, improving transparency and preparedness.
  • Property sellers and landlords must incorporate provision and recordkeeping of the MEMA form into transaction and leasing workflows; small civil penalties and damage exposure for noncompliance.
  • MEMA must develop the form and guidance; the statute does not set a specific deadline for form publication, so implementation timing depends on the agency’s actions following enactment.
  • The $1,000 maximum penalty per violation is modest, but statutory exposure for damages and potential 93A claims could increase litigation risk for noncompliance.

Compiled from official sources — confirm details with the bill’s official record.

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