Tennessee Real Estate Disclosure Requirements
Tennessee requires sellers to disclose property conditions.
Is Tennessee a Disclosure State?
YESTennessee offers sellers a choice: provide a Property Condition Disclosure Statement OR sign a Property Condition Disclaimer (for "as-is" sales). Under T.C.A. § 66-5-201 et seq., most sellers must choose one option. Tennessee has unique mandatory disclosures for sinkholes and airport noise that apply regardless of which option is chosen.
Property Condition Disclosure
Not RequiredOfficial Form:
Tennessee Residential Property Condition Disclosure (or Disclaimer)
Tennessee's disclosure law (T.C.A. § 66-5-201) gives sellers two options: (1) Complete a detailed Property Condition Disclosure Statement covering structural, mechanical, and environmental conditions, OR (2) Sign a Property Condition Disclaimer to sell "as-is" without providing condition details. However, even with a disclaimer, certain mandatory disclosures still apply.
Environmental Hazards
RequiredRegardless of disclosure vs. disclaimer choice, sellers must comply with federal lead-based paint disclosure for pre-1978 homes. The standard Tennessee disclosure form asks about asbestos, radon, underground storage tanks, and other environmental hazards. Environmental conditions should be disclosed if known.
Specific Hazards Covered:
Natural Hazards
RequiredTennessee has MANDATORY sinkhole disclosure under T.C.A. § 66-5-212 - sellers must disclose known sinkholes on the property. This applies even if the seller chooses the "as-is" disclaimer option. Additionally, properties within airport noise zones require disclosure. Flood zone status and flooding history should also be disclosed.
Specific Hazards Covered:
Key Points for Tennessee
- 1Disclosure OR Disclaimer: Sellers choose one option under Tennessee law
- 2MANDATORY sinkhole disclosure (§ 66-5-212) applies even with "as-is" disclaimer
- 3Airport noise zone disclosure is mandatory
- 4Short statute of limitations: Buyers have only 1 YEAR to bring claims for non-disclosure
- 5Disclaimer option allows "as-is" sales but doesn't protect against fraud
- 6Real estate agents must ensure one option is completed
- 7Some local ordinances may require additional disclosures
Timing Requirements
Disclosure or disclaimer must be provided to the buyer before entering into a binding contract. The 1-year statute of limitations for disclosure claims begins when the buyer discovers or should have discovered the defect.
Penalties for Non-Disclosure
Buyers who discover undisclosed defects have only 1 year to bring claims (T.C.A. § 66-5-210). Sellers who fail to disclose known material defects may face liability for damages. Fraudulent concealment can result in rescission and additional damages.
Exemptions from Disclosure
The following transaction types may be exempt from disclosure requirements:
Official Tennessee Resources
Last updated: January 27, 2025