Seller disclosure requirements in Tennessee

What does the Tennessee disclosure act cover?

The act is found in Title 66, Chapter 5, Part 2 of the Tennessee Code. Its first section, § 66-5-201, sets the scope. A 2000 amendment (Public Chapter 771) added the words “including site-built and nonsite-built homes” to that section, and added a line to the form asking which kind of home the property is.

The Metropolitan Government of Nashville and Davidson County described the core duty in a 2006 council resolution: § 66-5-202 requires sellers of residential real property to give the purchaser a disclosure statement about the condition of the property. That resolution is a local government’s description, not the statute itself.

Three parts of the act sit in sections this article does not summarize: what a seller may give in place of the form (§ 66-5-202), which transfers are exempt (§ 66-5-209), and what a buyer can do after a misrepresentation or non-disclosure (§ 66-5-208). The Real Estate Commission points readers to the Tennessee Code Annotated hosted by LexisNexis for the current text. Read those three sections there, or ask a Tennessee lawyer, before you rely on an “as is” sale or a disclosure claim.

One exemption is confirmed in the amendment record: the 2000 act added to § 66-5-209 a transfer by a debtor in a Chapter 7 or Chapter 13 bankruptcy to a creditor or third party by a deed in lieu of foreclosure or by a quitclaim deed. The earlier exemptions in that section are not reproduced here.

What does the official form ask?

The form is set out in § 66-5-210 by Public Chapter 727 of 1998. The General Assembly says a seller may use a different form, but it must include every item in the statutory one, with the same acknowledgments. The form states that the completed disclosure is “not a warranty, or a substitute for any professional inspections,” and that a later sales agreement supersedes the form on the seller’s repair duties and on the buyer’s obligation to accept items “as is.”

Part C asks about environmental hazards (the form names asbestos, radon, lead-based paint, fuel or chemical tanks, and contaminated soil or water), shared walls and driveways, changes to roads or drainage, encroachments and easements, unpermitted work, landfill, settling or soil problems, flooding or drainage problems, flood-insurance requirements, fire, earthquake or flood damage, zoning violations, deed restrictions, homeowners’ association fees, lawsuits, and exterior insulation and finish systems (synthetic stucco). In 2024, Public Chapter 860 added another question: whether the property is within an improvement district subject to special assessment, and the rate.

The seller certifies that the answers are true and correct “to the best of my/our knowledge as of the date signed.” If a condition changes before title passes, the form says the change will be disclosed in an addendum. Sellers answer from what they know; the form tells them to label any estimate as one.

What does the buyer acknowledge?

The buyer signs that the statement “is not intended as a substitute for any inspection” and that the buyer has “a responsibility to pay diligent attention to and inquire about those material defects which are evident by careful observation.” The form also says the parties may wish to get professional advice or inspections and to negotiate the purchase agreement accordingly. See our home inspection cost guide for what an inspection involves.

What is the federal lead rule for homes built before 1978?

Federal law adds its own disclosure for most housing built before 1978. According to the EPA, before a buyer signs a contract the seller and any agent must:

• give the buyer the pamphlet “Protect Your Family From Lead In Your Home”;
• disclose any known lead-based paint or lead-based paint hazards, and provide available records and reports;
• include a “Lead Warning Statement” in or attached to the contract;
• give the buyer 10 days to inspect for lead-based paint, a period the parties can lengthen or shorten in writing, and which the buyer may waive;
• keep a signed copy of the disclosures for three years.

The EPA lists exceptions, including housing built after 1977, zero-bedroom units, housing found lead-paint free by a certified inspector, and foreclosure sales.

What happens if a seller does not disclose?

The remedies are in § 66-5-208, which this article does not summarize (see above). In general, a form that is incomplete or inaccurate is a record of what the seller said, so keep your copy with the signed contract. If you find a problem after closing, a Tennessee real estate lawyer can read § 66-5-208 against your facts. Disputes over a home purchase in Nashville follow the same state law as the rest of the state. Our pages on closing costs and the Tennessee real estate attorney question cover related steps.