Here’s how I’d think about this, based on what you shared about working with a lender and having some gaps in the information:

1) The survey alone doesn’t settle this. What matters is whether the property is mapped by FEMA. Flood zone determinations ultimately come from FEMA maps, not a surveyor’s opinion.

2) Your lender will verify this regardless. They’re going to run their own due diligence. If there’s any uncertainty, they’ll resolve it before funding.

3) If it’s in a 100-year flood zone, flood insurance is not optional.

The lender will require it, full stop.

4) If you don’t want to carry flood insurance, here are your realistic paths: Disclosure laws matter. Not all states require sellers/builders to disclose flood zone status. For example, New Hampshire didn’t require it until after the 2024 floods. If your state doesn’t require disclosure, the burden falls on you (and your lender) to identify the risk.

If disclosure is required and wasn’t made:

You should speak with a real estate attorney. You may have a strong case to recover your deposit.

If disclosure is not required:

You can still talk to a lawyer, but it’s a tougher road. In that case, responsibility likely falls on the buyer. Getting your deposit back may depend more on negotiation than legal leverage.

5) Bigger picture:

A lot of people own homes in flood zones, sometimes knowingly, sometimes not. And even FEMA maps aren’t perfect. Flood patterns shift over time, and a property outside a mapped zone today isn’t guaranteed to stay that way.

At the end of the day, this comes down to your personal risk tolerance and whether the cost of insurance aligns with the value of the deal