What must a home seller disclose in Tennessee?

Tennessee's Act gives sellers a choice between a disclosure and a disclaimer — a structure shared with only a handful of states.

1. Disclosure vs Disclaimer — T.C.A. § 66-5-201

Sellers must deliver one of:

Residential Property Disclosure Statement — completed checkbox form covering water/sewer, appliances, electrical, plumbing, heating/cooling, structural, roof, environmental hazards.

Residential Property Disclaimer Statement — explicitly states the property is sold "as-is, where-is, with all faults" and the seller makes no representations or warranties as to the condition of the property.

2. The Disclaimer Option

Choosing the disclaimer does not relieve the seller of liability for knowingly false or fraudulent statements or for knowing concealment of latent defects materially affecting value.

3. Sinkhole and Other Mandatory Disclosures

Even with a disclaimer, sinkhole disclosure is required (T.C.A. § 66-5-212).

Methamphetamine contamination if a remediation notice exists.

HOA assessments under T.C.A. § 66-5-202.

4. Lead-Based Paint

Federal 42 USC § 4852d for pre-1978 dwellings.

5. Timing — § 66-5-205

Delivery required before acceptance of the offer. Late delivery gives the buyer 3 days to terminate.

6. Exemptions — § 66-5-209

Court-ordered, foreclosure, between co-owners or spouses, fiduciary administering an estate, government transfers, and new construction not previously occupied.

7. Statute of Limitations

1 year after the buyer receives or should have received the disclosure (T.C.A. § 66-5-208) — one of the shortest SOLs in the country for a disclosure claim.

3 years for fraud (T.C.A. § 28-3-105).

This is legal information, not legal advice.