correct, but that is something you can easily nail them on and prove so people generally don't mess around with it.

Also termites\pests. You think the 3 exterminators in your town protect your data? "Hi, this is 123 YourStreet. I just bought the house, I want to get a service....the previous folks said you did a great job, can you tell me what you want for the same service? Really, thats a good deal....when did they last have it done....ok....awesome, i'm new here so just need to call the other guys really quick....i'll get back to you today"

Tada. Now i can show you lied in court. "So about those concessions i was asking for......"

Flood is the same thing. Unless you bring that basement or wherever down to the masonry and scrub everything, there will be indications of a water line. if you are sloppy its something as simple as "hey this drywall is all strangely joined at 2' horizontal with the floor....and has vertical and horizontal seems" That shelf in the corner has indications of water damage on the base plywood.....etc.

Hell just googling the town during big storms might find you a picture of your seller wading to his front door.

Basically its one thing to say, "The furnace is about 10 years old, i think i had a chimney sweep out a couple of years ago...." its another to lie about something impossible to miss and easily proven.

Edit: And if you had a flood claim, your buyer will more than likely find out, when they call their agent for a quote on the address.

Don't lie on your disclosure, even if your realtor tells you too. Its expected that you may have a cloudy....or creative....memory and swear you remember getting a permit for that 25 year old deck....but that isn't substantially affecting the value of your home.